the place where the fugitive or person shall be found, would justify his apprehension and commitment for trial if the crime or offense had been there committed. In Switzerland, the surrender shall be made in accordance with the laws in force in that country at the time of the demand. Neither of the two Governments, however, shall be required to surrender its own citizens. ARTICLE II. Extradition shall be granted for the following crimes and offenses, provided they are punishable both under the laws of the place of refuge and under those of the State making the requisition, to wit: 1. Murder, including assassination, parricide, infanticide and poisoning; voluntary manslaughter. 2. Arson. 3. Robbery; burglary; house-breaking or shop-breaking. 4. The counterfeiting or forgery of public or private instruments; the fraudulent use of counterfeited or forged instruments. 5. The forgery, counterfeiting or alteration of coin, paper-money, public bonds and coupons thereof, bank notes, obligations, or other certificates or instruments of credit, the emission or circulation of such instruments of credit, with fraudulent intent; the counterfeiting or forgery of public seals, stamps or marks, or the fraudulent use of such counterfeited or forged articles. 6. Embezzlement by public officials, or by other persons, to the prejudice of their employers; larceny; obtaining money or other property by false pretences; receiving money, valuable securities or other property, knowing the same to have been embezzled, stolen or fraudulently obtained. The amount of money or the value of the property obtained or received by means of such criminal acts, must exceed 1000 francs. 7. Fraud or breach of trust, committed by a fiduciary, attorney, banker, administrator of the estate of a third party, or by the president, a member or an officer of a corporation or association, when the loss involved exceeds 1000 francs. 8. Perjury; subornation of perjury. 9. Abduction; rape; kidnapping of minors; bigamy; abortion. 10. Wilful and unlawful destruction or obstruction of railroads, endangering human life. 11. Piracy; wilful acts causing the loss or destruction of a vessel. ARTICLE III. Extradition shall likewise be granted for an attempt to commit, or participation in, any of the crimes and offenses enumerated in Article II, provided such attempt or participation is punishable in the United States as a felony, and in Switzerland with death, or confinement in a penitentiary or workhouse. ARTICLE IV. No extradited person shall be tried by a Special Court. ARTICLE V. Demands for the extradition of fugitive criminals shall be made by the diplomatic representative, or, in his absence, by one of the consular agents of the State making the requisition. When the person whose extradition is asked has been sentenced for the offense which occasioned the demand for extradition, such demand shall be accompanied by a certified copy of the sentence pronounced; if the person demanded is merely charged with an offense, the demand shall be accompanied by a duly certified copy of the warrant of arrest issued by the competent magistrate of the country in which the offense was committed, and by certified copies of the depositions or other evidence upon the basis of which the warrant was issued. These documents shall contain an accurate statement of the offense charged, of the place where and the time when it was committed. They shall be accompanied by a certified copy of the provisions of law applicable to the offenses charged, as shown by statute or judicial decision, and by the evidence necessary to establish the identity of the person demanded. The extradition procedure shall be governed by the regulations in force at the time of the demand, in the State upon which the demand is made. ARTICLE VI. When it is desired to procure the arrest of a fugitive, by telegraph or otherwise, before the regular papers have been presented, the procedure in the United States shall be to apply to a Judge or Magistrate authorized to issue warrants of arrest in extradition cases, and to present a complaint on oath, as provided by the laws of the United States. To procure the provisional arrest of a fugitive in Switzerland, the diplomatic representative or a consular agent of the United States shall apply to the President of the Confederation who will order the necessary steps to be taken. The provisional detention of a fugitive shall cease, and the person arrested shall be released, if a formal demand for extradition, accompanied by the necessary papers, is not presented, in the manner provided in the present Treaty, within two months after the day of arrest. ARTICLE VII. Extradition shall not be granted for political crimes or offenses. No person surrendered under the present Treaty, for a common crime, shall be prosecuted or punished for a political offense committed before his extradition. If the question arises in a particular case, whether the offense committed is or is not of a political character, the Authorities of the State upon which the demand is made shall decide. ARTICLE VIII. Extradition shall not be granted when, under the laws of the State upon which the requisition is made, or under those of the State making the requisition, the criminal prosecution or penalty imposed is barred by limitation. ARTICLE IX. No person surrendered by either of the Contracting States to the other shall be prosecuted or punished for any offense committed before the demand for extradition, other than that for which the extradition is granted, unless he expressly consents to it in open Court, which consent shall be entered upon the record, or unless, having been at liberty during one month after his final release to leave the territory of the State making the demand, he has failed to make use of such liberty. The State to which a person has been surrendered shall not surrender him to a third State, unless the provisions contained in the first paragraph of the present Article have been fulfilled. ARTICLE X. When the person whose extradition is demanded is prosecuted, or has been convicted, in the State of refuge, for another offense, the extradition may be postponed until the close of the criminal prosecution or the expiration of the penalty. ARTICLE XI. If the extradition of the person demanded by either of the two contracting States is likewise demanded by one or more other States, for offenses committed by the said person in the territory, preference shall be given to the State whose requisition is based upon the most serious offense, unless the State upon which the requisition is made is bound by Treaty to give preference to another. If the offenses are of equal gravity, the demand first presented shall have preference, unless the State upon which the requisition is made is bound by Treaty to give preference to another State. ARTICLE XII. All articles seized which are in the possession of the person demanded, at the time of his arrest, shall, at the time of the extradition be delivered up with his person, and such delivery shall extend, not only to articles acquired by means of the offense with which the accused is charged, but to all other articles that may serve to prove the offense. The rights of third parties to the articles in question shall, however, be duly respected. ARTICLE XIII. The expenses incurred in the arrest, detention, examination and surrender of the fugitive shall be borne by the State making the demand. The State making the demand shall not, however, be charged for the services of such officials of the Government upon which the demand is made, as receive a fixed salary; for the services of officials receiving only fees, no higher fees shall be charged than those to which such officials are entitled under the laws of the country for services rendered in ordinary criminal cases. ARTICLE XIV. The present treaty shall go into effect thirty days after the exchange of ratifications. This Treaty repeals Articles XIII, XIV, XV, XVI and XVII of the Treaty of November 25, 1850, between the Swiss Confederation and the United States of America; and the provisions in those Articles shall henceforward apply only to demands for extradition pending at the time when the present Treaty goes into effect. The ratifications shall be exchanged at Washington as soon as possible. After the denunciation of this Treaty by either of the Contracting Governments, the Treaty shall still remain in force for six months after the day of denunciation. In witness whereof, the respective Plenipotentiaries have signed the foregoing Articles, and have affixed their seals. Done in duplicate at Washington, in the English and French languages, the 14th day of May 1900. 1906. RECIPROCITY." JOHN HAY [SEAL.] BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas the Government of Switzerland decreed the removal, on and after January 1, 1906, of all differential customs duties from the products of the soil and industry of the United States, and granted to the same the benefit of the Swiss conventional tariff rates, by which action in the judgment of the President reciprocal and equivalent concessions are established in favor of the said products of the United States: Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, acting under the authority conferred by the third Section of the Tariff Act of the United States approved July 24, 1897, do hereby suspend during the continuance in force of the said concessions by the Government of Switzerland the imposition and collection of the duties imposed by the first Section of said Act upon the articles hereinafter specified, being the products of the soil and industry of Switzerland; and do declare in place thereof the following rates of duty provided in the third Section of said Act to be in force and effect from and after the date of this Proclamation, of which the officers and citizens of the United States will take due notice, namely: Upon argols, or crude tartar, or wine lees, crude, five per centum ad valorem. Upon brandies, or other spirits manufactured or distilled from grain or other materials, one dollar and seventy-five cents per proof gallon. a Terminated on October 31, 1909, by the provisions of the Payne tariff act of 1909. 24449-VOL 2—10- -35 Upon still wines, and vermuth, in casks, thirty-five cents per gallon; in bottles or jugs, per case of one dozen bottles or jugs containing each not more than one quart and more than one pint, or twenty-four bottles or jugs containing each not more than one pint, one dollar and twenty-five cents per case, and any excess beyond these quantities found in such bottles or jugs shall be subject to a duty of four cents per pint or fractional part thereof, but no separate or additional duty shall be assessed upon the bottles or jugs. Upon paintings in oil or water colors, pastels, pen and ink drawings, and statuary, fifteen per centum ad valorem. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this first day of January, in the year of our Lord one thousand nine hundred and six, [SEAL.] and of the Independence of the United States of America the one hundred and thirtieth. By the President: ELIHU ROOT Secretary of State. 1908. THEODORE ROOSEVELT ARBITRATION CONVENTION. Signed at Washington, February 29, 1908; ratification advised by the Senate, March 6, 1908; ratified by the President, May 29, 1908; ratifications exchanged at Washington, December 23, 1908; proclaimed, December 23, 1908. I. Differences to be submitted. II. Special agreement. ARTICLES. III. Duration. The Government of the United States of America and the Government of the Swiss Confederation, signatories of the Convention for the pacific settlement of international disputes, concluded at The Hague on the 29th July, 1899; Taking into consideration that by Article XIX of that Convention the High Contracting Parties have reserved to themselves the right of concluding Agreements, with a view to referring to arbitration all questions which they shall consider possible to submit to such treatment; Have authorized the Undersigned to conclude the following arrangement: ARTICLE I. Differences which may arise of a legal nature, or relating to the interpretation of treaties existing between the two Contracting Parties, and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th July, 1899, provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the interests of third Parties. |