EXTRADITION.

1. From Canada-Rearrest and Trial on Another Charge.-Under article 3 of the treaty of extradition of 1890 (26 Stat., 1509) between the United States and Great Britain a person who, under the provisions of that treaty, is extradited for an offense and upon trial is acquitted can not be again arrested and tried upon some other charge until he first shall have had an opportunity of returning to the country from which he was surrendered. 431. 2. Same-Obligatory upon Prisoner to Invoke Treaty Provisions.-Underwood, an American citizen, having been extradited from Canada in 1897 on a charge of murder committed in Texas, was tried and acquitted and immediately rearrested on two charges of robbery committed prior to his extradition, was tried, found guilty, and sentenced to sixteen years' imprisonment in the penitentiary of Texas. Upon demand of the British Government for his release, Held, That, the prisoner being an American citizen, and having taken no legal steps to invoke the provisions of that treaty, no international obligation exists on the part of the United States to secure, on demand of the British Government, the release of Underwood, regardless of any action which he might take on his own behalf to secure his release on habeas corpus. Ib.

3. Same-Duty of the Executive.—The question involved is a legal one and respects the legal rights of the prisoner under the extradition treaty; his remedy, therefore, is a legal one; and, under the circumstances of this case, there are no steps which may appropriately be taken by the Executive in order to fulfill the obligations of that treaty. Ib.

4. From Mexico-Rearrest and Trial on Another Charge.-Acosta, having been returned from Mexico to the State of Florida under extradition proceedings, to be punished for a crime committed within that State, was convicted and sentenced to imprisonment. Upon his release he was arrested for another crime without having an opportunity of returning to Mexico. Demand having been made upon the State Department by the Mexican Government for his release, and it not appearing that the prisoner has made an attempt to invoke his right to return to Mexico, Held, That any action by the Department of State at this time to secure his release would be premature. 604.

5. Same. The primary resort of the defendant is to the courts. He may either apply to the Federal courts for a writ of habeas corp.s, or interpose the alleged irregularity of his arrest as a matter of defense on the trial of his case in the State court. Ib. 6. Same-Authority of the Federal Government.-The question whether, in case any rights the prisoner may possess are denied in the State courts, the Federal Government is powerless or free from obligation to interfere in that which may then be a matter of international obligation, is not decided. Ib.

EXTRADITION-Continued.

7. Personal Effects Taken from Prisoner at Time of His Arrest-Surrender of. Under the usages which govern extraditions, property found upon the person of a criminal at the time of his arrest, if obtained by the commission of the criminal act of which he is charged, or if material as evidence to prove such act, is generally surrendered with the person at the time of the extradition. 535. 8. Same The Money Taken from the Person of C. W. F. Neely at the time of his arrest in this country for offenses committed in Cuba, not having been turned over to the authorities of that island at the time of his extradition, may be delivered to the Secretary of War and by him to the Military Governor of Cuba, with the understanding that it is to be retained by the latter pending a judicial determination of its true ownership. Ib.

9. Same. If the request of the court of instruction of Havana for this money is to be understood as an assertion of title to it, it can not safely be surrendered in the absence of a formal adjudication in a civil proceeding to which Neely was a party, and as to which he had his day in court. Ib.

FEES.

1. Court-martial-Civilian Witnesses.-The act of March 2, 1901 (31) Stat., 950), which provides that a person who, being duly subpoenaed to appear as a witness before a general court-martial of the Army, willfully neglects or refuses to appear, or refuses to qualify as a witness, or to testify or produce documentary evidence which he may have been legally subpoenaed to produce, shall be deemed guilty of a misdemeanor, requires that the legal fees of such witness shall be first duly paid or tendered in order to lay the foundation for a prosecution under that act. 424. 2. Same-Tender.-A mere statement in the subpoena, signed by the judge-advocate of the court-martial, to the effect that the United States tenders or guarantees the payment of the authorized fees, is not a sufficient compliance with that act to support a prosecution thereunder. lb.

1. Remission-Immigration-Secretary of the Treasury. The act of March 3, 1891 (26 Stat., 1084), confers no authority upon the Secretary of the Treasury to remit fines imposed on a vessel or her master for allowing the escape of alien immigrants whose deportation has been ordered. 271.

2. Same.

Neither is the power of remission in such cases conferred by section 5294, Revised Statutes, as amended by the act of March 2, 1896 (30 Stat., 39). Ib.

3. Same-Return of Deposit not a Remission of a Fine.-The Secretary has authority to return a deposit to cover a fine which might be due, but which turns out not to have been incurred. Such

FINES-Continued.

return would not be a remission of a fine or penalty, but the restitution of an amount to which the Government was never justly entitled. Ib.

See also PENALTIES.

FOREIGN REPRESENTATIVES. See HUNTING, 1.

FORFEITURE.

1. Counterfeit Coin-Return of Bullion therein Contained.-Section 4 of the act of February 10, 1891 (26 Stat., 742), which authorizes the Secretary of the Treasury to seize and forfeit all counterfeits of the coin of the United States, does not authorize the Secretary to return to the person from whom such coin was taken the counterfeit or the value of the bullion it contained. 458. 2. Same-Duty of Treasury Department.-Under that section the Treasury Department has authority to seize counterfeit coin, to decide that it is counterfeit, to determine that it was unlawfully in possession of the party from whom taken, and to forfeit it; and after forfeiture to direct in what manner it shall be disposed of. No judicial condemnation is necessary. Ib.

3. Same-Due Process of Law.-Such seizure and forfeiture is not a taking of property without due process of law within the meaning of the Fifth Amendment to the Constitution. Counterfeit coin is neither property nor the subject of property; it is the product of a felonious act, and outside the law. Ib.

4. Same. The due process of law required by that amendment was never designed to apply to such rights as a person unlawfully in possession of counterfeit coin may have in it, but was intended for the protection of substantial rights in lawful property. Ib. 5. Remission-Prize of War-The President's Authority.-The President has authority to grant remission of forfeiture in cases of prizes of war after the vessels have been condemned, but before the prize money has been deposited in the Treasury of the United States. 360.

6. Same His Jurisdiction. His jurisdiction in these matters rests upon his pardoning power, as defined in section 2, Article II, of the Constitution. Ib.

7. Same.-Congress can not abridge, modify, or condition the exercise of this power. It is coextensive with the punishing power

and extends to cases of penalties and forfeitures, with a limita-
tion that a fine or penalty may not be remitted if the money has
been paid into the Treasury. Ib.

FORMER ACQUITTAL. See CUSTOMS LAws, 16, 17.
FRANCHISES. See PORTO RICO, 12-15; CONCESSIONS.

FRAUD.

Army Transportation Orders.-Where blank transportation requests were delivered to an officer of the United States Army in such

FRAUD-Continued.

form as to require but the filling of the blanks and his signature to make them Government orders upon carriers for the transportation therein indicated, and where these blanks were issued fraudulently to persons not entitled to them, and railroad companies furnished transportation upon the orders, in the absence of negligence and bad faith on the part of the carriers, tne United States is liable for the transportation thus furnished. 161.

See also LOTTERY.

FREEDMAN'S

HOSPITAL AND ASYLUM. See BOARD OF CHARITIES FOR THE DISTRICT OF COLUMBIA.

FRENCH SPOLIATION CLAIMS.

Payment-Duty of the Secretary of the Treasury. It is the duty of
the Secretary of the Treasury under the act of March 3, 1899 (30
Stat., 1191), making appropriation for the payment of certain
French spoliation claims, to determine before payment whether
or not these claims are "held by assignment or owned by any
insurance company." That duty is not altered by reason of the
receipt of certificates of the Court of Claims issued under the
authority of that act. 179.

GAME. See IMPORTATION; SECRETARY OF THE INTERIOR, 2.
GENERAL ARBITRATION BOARD.

1. Members of Appointment.-The members of the general arbitration board provided for by the treaty of The Hague, who are to be appointed by the President, are not officers of the United States whose appointments require confirmation by the Senate. 313. 2. Same-Are not "Persons holding Office."-Nor are they, in the ordinary acceptation of the term, persons holding office. Their work is not only occasional, but contingent upon an appointment by foreign powers to act as arbitrators in the settlement of disputes between the nations so appointing them. Ib. GOVERNMENT EMPLOYEES.

Influencing Legislation in their Own Interests-President's Order.The order of the President of January 31, 1902, forbidding all officers and employees of the United States to influence legislation by Congress in their own interest, prohibits "The NavyYard and Arsenal Employees' Protective Association," of Washington, from seeking to influence Congress or its committees to pass a pending bill granting an additional fifteen days' leave of absence to the employees who constitute that association. 637.

GOVERNMENT HOSPITAL FOR THE INSANE. See BOARD OF CHARITIES FOR THE DISTRICT OF COLUMBIA.

HARBOR IMPROVEMENTS.

1. Secretary of War-Power to Suspend.-The Secretary of War has discretionary authority, under the act of June 3, 1896 (29 Stat., . 213), and subsequent acts, making appropriations for the construction of a tidal canal in Oakland Harbor, California, to suspend the work on such improvement when the suspension will best inure to its ultimate completion, but he would not be justified in suspending the work if the only purpose was to delay its completion with the intention of abandoning it. 504. 2. Same-Suspension because of doubtful Expediency.-A mere doubt as to the wisdom of carrying out a public work authorized by Congress does not justify its suspension and a refusal to complete it. Until such act is repealed it must be assumed to be the deliberate and continuing expression of the will of Congress, and respected as such. Ib.

HAWAII.

1. Citizenship of Chinese.-All Chinese persons who on August 12, 1898, were citizens of the Republic of Hawaii, became, by virtue of section 4 of the act of April 30, 1900 (31 Stat., 141), citizens of the United States. 509.

2. Same.-Any Chinese person who was a citizen of the Republic of Hawaii on August 12, 1898, and who has not since abandoned or been legally deprived of his citizenship, is a citizen of the United States.

352.

3. American Registry-Vessel Carrying an Hawaiian Registry.-Such naturalized Chinese citizen may take the oath required by sections 4131 and 4142, Revised Statutes, and have his vessel admitted to registry as an American vessel, provided it carried an Hawaiian register on the 12th of August, 1898, and was at that time owned bona fide by a citizen of Hawaii or of the United States. Ib.

4. Citizenship of Chinese Born or Naturalized in Hawaii.-Under the provisions of section of the Hawaiian act of April 30, 1900 (31 Stat., 141), a Chinese person born or naturalized in the Hawaiian Islands prior to the annexation of that Territory, and who has not since lost his citizenship, is a citizen of the United States.

345.

5. Same. The wife and children of such naturalized Chinaman are entitled to enter the territory "by virtue of the citizenship" of the husband and father. Ib.

6. Same.-A Chinese child born in Hawaii in 1885 and taken to China by his mother is entitled to reenter that Territory where his father still resides.

Ib.

7. Entrance of Chinese now Legally Resident in the United States.There is nothing in the Resolution of Annexation of the Hawaiian Islands (30 Stat., 750), nor in the Organic Act which provides a government for that Territory (31 Stat., 141), nor in any law of Congress, which would prevent the entrance into