Cutting Case

Editor Cutting, US citizen, was prosecuted in Mexico for a label published in the US to detriment of a Mexican. Afterwards this case, it was agreed in the extradition treaty 1889, between Mexico and US, that except in the case of embezzlement or criminal malversation of public funds committed within the jurisdiction of either party by public officers, or depositaries neither party would assume jurisdiction in the punishment of crimes committed exclusively within the territory of the other.

The US demanded his release. Although he was guilty, because of the negotiations with the US, his release from custody was justified on the grounds of public interest. The US government maintained that foreigners could not be protected in the US by their nationals laws and that the Mexican Court might not without violating IL, try a citizen of the US for an offence committed and consummated in his own country, merely because the person offended happened to be a Mexican. It was pointed out that no where appear that the alleged libel was ever circulated in Mexico so as to constitute the crime of defamation under Mexican law, or that any copies were actually found in Mexico.