ARTICLE XII.

The respective consuls general, consuls, vice consuls general, vice consuls, deputy consuls general, deputy consuis, and consular agents may cause to be arrested the officers, sailors, and all other persons making part of the crews in any manner whatever of ships of war or merchant vessels of their nation, who may be guilty, or be accused, of having deserted said ships and vessels, for the purpose of sending them on board or back to their country. To this end they shall address the competent local authorities of the respective countries, in writing, and shall make to them a written request for the deserters, supporting it by the exhibition of the register of the vessel and list of the crew, or by other official documents, to show that the persons claimed belong to the said ship's company. Upon such request thus supported, the delivery to them of the deserters can not be refused. unless it should be duly proved that they were citizens of the country where their extradition is demanded at the time of their being inscribed on the crew list. All the necessary aid and protection shall be furnished for the pursuit, seizure, and arrest of the deserters, who shall even be put and kept in the prisons of the country, at the request and expense of the consular officers, until there may be an opportunity for sending them away. If, however, such an opportunity should not present itself within the space of two months, counting from the day of the arrest, the deserters shall be set at liberty, nor shall they be again arrested for the same cause.

If the deserter has committed any misdemeanor, and the court having the right to take cognizance of the offense shall claim and exercise it, the delivery of the deserter shall be deferred until the decision of the court has been pronounced and executed.

ARTICLE XIII.

All proceedings relative to the salvage of vessels of the United States wrecked upon the coasts of Sweden, and of Swedish vessels wrecked upon the coasts of the United States, shall be directed by the consuls general, consuls, vice consuls general, and vice consuls of the two countries, respectively, and until their arrival by the respective consular agents, wherever an agency exists. In the places and ports where an agency does not exist, the local authorities until the arrival of the consular officer in whose district the wreck may have occurred, and who shall be immediately informed of the occurrence, shall take all necessary measures for the protection of persons and the preservation of wrecked property. The local authorities shall not otherwise interfere than for the maintenance of order, the protection of the interests of the salvors, if these do not belong to the crews that have been wrecked, and to carry into effect the arrangements made for the entry and exportation of the merchandise saved. It is understood that such merchandise is not to be subjected to any customhouse charges unless it be intended for consumption in the country where the wreck may have taken place.

The intervention of the local authorities in these different cases shall occasion no expense of any kind, except such as may be caused by the operations of salvage and the preservation of the goods saved, together with such as would be incurred under similar circumstances by vessels of the nation.

ARTICLE XIV.

In case of the death of any citizen of Sweden in the United States or of any citizen of the United States in the Kingdom of Sweden without having in the country of his decease any known heirs or testamentary executors by him appointed, the competent local authorities shall at once inform the nearest consular officer of the nation to which the deceased belongs of the circumstances, in order that the necessary information may be immediately forwarded to parties interested.

In the event of any citizens of either of the two contracting parties dying without will or testament in the territory of the other contracting party, the consul general, consul, vice consul general, or vice consul of the nation to which the deceased may belong, or, in his absence, the representative of such consul general, consul, vice consul general, or vice consul shall, so far as the laws of each country will permit and pending the appointment of an administrator and until letters of administration have been granted, take charge of the property left by the deceased for the benefit of his lawful heirs and creditors, and. moreover, have the right to be appointed as administrator of such estate.

It is understood that when under the provisions of this article any consul general, consul, vice consul general, or vice consul. or the representative of each or either, is acting as executor or administrator of the estate of one of his deceased nationals, said officer or his representative shall, in all matters connected with, relating to, or growing out of the settlement of such estates, be in such capacities as fully subject to the jurisdiction of the courts of the country wherein the estate is situated as if said officer or representative were a citizen of that country and possessed of no representative capacity whatsoever. The citizens of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of the other by sale, donation, testament, or otherwise, and their representatives, being citizens of the other party, shall succeed to their personal goods, whether by testament or ab intestato, and they may in accordance with and acting under the provisions of the laws of the jurisdiction in which the property is found take possession thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein such goods are shall be subject to pay in like cases.

As for the case of real estate, the citizens and subjects of the two contracting parties shall be treated on the footing of the most-favored nation.

ARTICLE XV.

The present convention shall remain in force for the space of ten years, counting from the day of the exchange of the ratifications, which shall be made in conformity with the respective constitutions of the two countries and exchanged at Washington as soon as possible within the period of one year. In case neither party gives notice, twelve months before the expiration of the said period of ten years, of its intention not to renew this convention, it shall remain in force one year longer, and so on, from year to year, until the expiration of a year from the day on which one of the parties shall have given such notice.

In faith whereof the respective plenipotentiaries have signed this convention and have hereunto affixed their seals.

Done in duplicate at the city of Washington this first day of June, one thousand nine hundred and ten.

[SEAL.] [SEAL.]

P. C. KNOX.

H. L. F. LAGERCRANTZ.

And whereas the said convention has been duly ratified on both parts and the ratifications of the two Governments were exchanged in the city of Washington on the eighteenth day of March, one thousand nine hundred and eleven;

Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said convention to be made public, to the end that the same and every article and clause thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be hereunto affixed.

Done at the city of Washington this twentieth day of March, in the year of our Lord one thousand nine hundred and eleven, [SEAL.] and of the Independence of the United States of America the one hundred and thirty-fifth.

By the President:

HUNTINGTON WILSON,

Acting Secretary of State.

WM. H. TAFT.

INTERPRETATION

OF

SWITZERLAND.

ARTICLE XIII OF THE EXTRADITION TREATY OF MAY 14, 1900, BETWEEN THE UNITED STATES AND SWITZERLAND.

FHe No. 211.54.

The Swiss Chargé d'Affaires to the Secretary of State.

[Translation.]

LEGATION OF SWITZERLAND,

Washington, October 5, 1911.

MR. SECRETARY OF STATE: In compliance with my Government's instructions and with reference to a conversation I had in June, 1910, with Assistant Secretary Chandler Hale, I have the honor to bring before your excellency the following facts relating to the interpretation of Article XIII of the extradition treaty, concluded May 14. 1900, between Switzerland and the United States.

It is the practice of the Department of Justice of the United States. when remitting to requisitioning government the statement of expenses incurred by the Government of the United States in extradition cases, to charge for certain services coming within the duties of United States marshals various items which in fact constitute "fees."

I shall confine myself to mentioning here the last three extradition cases that have been attended to by this legation, in which the statements of expenses were as follows:

(A) Extradition of Henri Kaegi: The Department of State delivered to the legation the warrant of surrender by note of January 21, 1908, and the statement of expenses amounting to $31.35 by note of October 27, 1908.

(B) Extradition of Franz Buchli: The Department of State transmitted to the legation the warrant of surrender with its note of March 21, 1908, and the statement of expenses amounting to $56.30 with its note of April 10, 1909.

(C) Extradition of Joseph Sattler (alias Théophile Bosshardt): The Department of State forwarded to the legation the warrant of surrender in its note of May 12, 1908, and the statement of expenses amounting to $33.97 in its note of January 19, 1910.

I beg leave to reproduce herein below in each case the items to which I desire to call your excellency's attention:

(A) Extradition of Henri Kaegi: (Extract from the "itemized statement" of Eugene Nolte, United States marshal for the western district of Texas.)

January 26. 1908:

Serving extradition warrant by delivering prisoner to J. D. Womack, representative of the Swiss Confederation___

January 3, 1908:

Deputy F. H. Lancaster, serving warrant_.
Attending hearing before Commissioner Scott_.
Committing defendant___.

$2.00

2.00

2.00

.50

(B) Extradition of Franz Buchli: (Extract from the "itemized statement" of Thomas J. Alcott, United States marshal for the district of New Jersey.)

(C) Extradition of Joseph Sattler: (Extract from "itemized statement" of William Henkel, United States marshal for the southern district of New York.)

April 28, 1908:

Fee for serving warrant.

Fee for attendance of deputy before commissioner. June 3, 1908:

Fee for discharging prisoner..........

$2.00

2.00

.50

As there is no request for extradition made by the Government of the Swiss Confederation now pending before the Government of the United States, the Federal Council considers this to be the particularly proper time for putting the question presented in this communication on a general basis of interpretation of the Swiss-American extradition treaty.

Article XIII of the said diplomatic instrument contains, among others, the following provision:

of such officials of the Government upon which the demand is made as receive a fixed salary.

Now and saving any new provision that might have escaped the legation's notice-an act of Congress, approved May 28, 1896, changed the compensation of United States marshals to a fixed salary ranging from $2,000 to $5,500, according to the Federal judicial districts. From the Swiss viewpoint it therefore seems certain that the United States marshals belong to the class of salaried officials. As, on the other hand, the text of the above quoted Article XIII is clear and precise and leaves no room for doubt, I have the honor to bring to your excellency's notice the divergence in the interpretation put upon it by American officials who have occasion to apply it.

It is proper to remark here that the amount of fees heretofore charged by the United States marshals never was very important and that the legation always paid them in full; there is no intention on the part of my Government to have the money paid in the past refunded or give to this note the character of a complaint; but in view of our mutual good relations the Federal Council would be glad if the provisions of the treaties concluded between Switzerland and the United States could all, without any exception, be interpreted in every point in exactly the same way by the two Governments.