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of September last, No. F.O. 101, in which cases the return of the American papers of legitimation taken from the persons named by the Austrian and Hungarian authorities has been unduly long delayed, the Imperial and Royal ministry for foreign affairs lost no time, immediately on receipt of the above esteemed communication, in informing the ministries in Vienna and Budapest as to the circumstances described, with the request that the necessary steps might be taken without delay, unless some insuperable obstacle should really stand in the way to hinder this from being done, to secure the immediate return of the papers in question to the persons nained.

According to a preliminary communication from the Imperial and Royal ministry of the interior, it also on its part immediately addressed a telegram to the Imperial and Royal governor (statthalter) at Lemberg, directing his attention to the complaints made by Alexander Danislowicz and Ignatz Kreswirth, and hopes very shortly to be in a position, as the result of this proceeding, to make a further and detailed communication on this subject.

The Imperial and Royal ministry for foreign affairs has also, in the interim, received a preliminary telegraphic communication from the Royal Hungarian ministry of the interior, containing the information that his American certificate of naturalization has already been returned to Michael Turck, and that, in the matter of Rudolf Schesny, the deputy sheriff (vicegespan) of the coinitat of Saros has been requested to send in his report upon the case with all possible dispatch.

While doing itself the honor most respectfully to acquaint the honorable chargé d'affaires of the United States of America of the foregoing, the Imperial and Royal ministry for foreign affairs reserves for a future occasion the further separate consideration of the special cases in question.

The undersigned avails himself at the same time of this opportunity to renew to the honorable chargé d'affaires, etc.

Vienna, September 29, 1900.
For the minister:

Lützow.

MILITARY SERVICE CASE OF JOSEPH KRISTOF.

Mr. Hay to Mr. McCormick.

No. 25.]

DEPARTMENT OF STATE,

Washington, January 3, 1902. Sir: I inclose for investigation and appropriate action a copy of a letter from which it appears that a man named Kristof, an American citizen, is being compelled to perform military service in the army of Austria-Hungary.

His certificate of naturalization is also inclosed, and it has been suggested to Mr. Klein to advise Kristof to address you. I am, etc.,

JOHN HAY.

[Inclosure.)

Mr. Klein to the Secretary of State.

YONKERS, N. Y., December 28, 1901. Sir: Your obedient servant requests kindly to be informed what steps to take to have an American citizen of the United States released who went to Hungary to be cured, and was taken as soldier by the Government of Hungary, and is still serving. Herewith I respectfully beg to inclose his naturalization papers. He has failed to have a passport issued, being that he was so sick that the doctor advised him to leave with the first steamer sailing from this port. The name of the citizen is Kristof, but, as shown in the naturalization papers, his name was misspelled (Kistof). His present address, where he camps, is Joseph Kriotol, Company 4, Sixty-seventh Regiment, Eperjes, Hungary, Co. Saros. Awaiting your kind instructions, I am, etc.,

ADOLF KLEIN.

Mr. McCormick to Mr. Tay.

No. 81.]

UNITED STATES LEGATION,

Vienna, May 7, 1902. Sir: With reference to the Department's No. 25 of January 23, 1902, inclosing a letter from which it appears that a man named Kristof, an American citizen, is being compelled to perform military service in the army of Austria-Hungary, I have the honor to report that I transmitted the information contained in your inclosure to his excellency the minister for foreign affairs, stating that the name of the citizen in question was Kristof, but, as shown in the naturalization certificate, was misspelled Kistof. In reply I have received a note from the ministry for foreign affairs, translation of which I herewith inclose, setting forth that the Imperial and Royal ministry of war has now given its opinion [in the Kistof case) and states that in consideration of the fact that the accompanying certificate of naturalization bears the name of Joseph Kistof and that there is nothing to show that the person named in this document is identical with Joseph Kristof now serving as a private in the regiment of infantry No. 67, etc., the discharge of the latter from military service can not take place until proof has been produced that Joseph Kristof is the identical Joseph Kistof who was naturalized, according to the accompanying certificate, as a citizen of the United States in the year 1896.

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I will endeavor to secure favorable action without furnishing the required proof, but technically the Imperial and Royal ministry of war may claim that it is acting within its rightful prerogative in demanding the proof above referred to.

In order to save time, I have written to Mr. Klein, who addressed the Department in Kristof's behalf, to furnish such proof as he can as to the alleged error in the spelling of the name, which has given rise to the difficulty in obtaining Kristof's release. I have, etc.,

ROBERT S. McCORMICK.

[Inclosure.)

Count Lützow to Wr. VcCormick. The Imperial and Royal ministry for foreign affairs has not failed to inform the imperial and royal ministry of war of the contents of the note of January 20 last, No. 45, touching the enrollment of the naturalized United States citizen, Joseph Kristof, into the ranks of the Austrian arıny, with a view of making the necessary investigations and to make such further dispositions as the result may warrant.

The Imperial and Royal ministry of war has now given its opinion and states that in consideration of the fact that the accompanying naturalization certificate bears the name of Joseph Kistof and that there is nothing to show that the person named in this document is identical with Joseph Kristof, now serving as a private in the regiment of infantry No. 67, the discharge of the latter from military service can not take place until authentic proof has been produced that Joseph Kristof is the identical Joseph Kistof who was naturalized according to the accompanying certificate as United States citizen in the year 1896.

While the undersigned has the honor of leaving it to the judgment of the honorable envoy extraordinary and minister plenipotentiary of the United States of America to take such steps as may be deemed proper by him to lead to the removal of any doubts in this matter, he avails himself, etc.

Vienna, May 4, 1902.
For the minister:

COUNT LÜTZOW.

Mr. McCormick to Mr. Hay.

No. 5.]

UNITED STATES EMBASSY,

Vienna, August 11, 1902. Sie: With reference to the Department's No. 25 of January 3, 1902, and to my No. 81 of May 7, 1902, regarding the case of a man named Kristof, who was being compelled to perform military service in the army of Austria-Hungary, I now have the honor to inform you that on the presentation of a duplicate certiticate of naturalization, in which the spelling of the name was corrected to Josef Kristof instead of Joseph Kistof, I succeeded in obtaining the release of the party in question.

I have caused Mr. Klein, who first brought the case to attention of the Department, to be informed of Kristof's release.

As said in my No. 81, above referred to, the department of military defense seizes upon every technicality to evade that full and hearty recognition of the naturalization treaty of September 20, 1870, which the relations between the two countries would seem to demand, and the foreign office is apparently unable to take the decision in cases of this kind into its own hands, where it seems to me to belong. I represented to His Excellency Count Lützow personally, as well as to His Excellency Count Goluchowski through an official note, that everything pointed to the truth of Mr. Klein's statement that Kristof's name had been misspelled in his original certificate of naturalization; that whereas Kristof was a common name, and this fact gave

color and substance to the claim that Kristof's name, as above indicated, was misspelled, the name of Kistof was absolutely unknown and appeared in no directory or other publication where it would have been found had it existed at all. I cite this fact simply to show the attitude of the department of military defense as practically sustained by the foreign office in treating the cases of naturalized American citizens who have returned here.

I will have occasion to again refer to this attitude in another case upon which I will shortly report to the Department, as bearing upon the desirability of a revision of the treaty above referred to, which is now a source of constant irritation to this Government through its flagrant abuse by young men who emigrate with the sole purpose of evading military service and of returning here to reside as soon as they have acquired American citizenship. I have, etc.,

ROBERT S. MoCORMICK.

MILITARY SERVICE CASES OF JOSEPH KNOPP, JACOB FRIEDBERG, HARRY SCHMIERIE, MICHAEL TENZER, AND FRANK HOWRKA.

Mr. McCormick to Mr. Hay.

No. 63.]

UNITED STATES LEGATION,

Vienna, January 22, 1902. Sir: For the information of the Department and in order that there may be on its files a complete record of the cases of naturalized American citizens of Austro-Hungarian origin who have become involved with the military authorities on return to their native land, to visit or otherwise, I have the honor to make the following brief summary of each case, which summary can be amplified at any time in the future should occasion demand.

Joseph Knopp, a naturalized American citizen of Austro-Hungarian origin, emigrated to the United States in March, 1892, while a member of the Austro-Hungarian army reserve, but subsequent to the performance of his full military service. He became naturalized at San Antonio, Tex., in November, 1897, and is now a sergeant in Company A, Eighteenth Regiment of the United States Army. He left the United States in March, 1901, on a six-months' furlough, returning to visit his parents at Stisburg, and was arrested one month after his arrival and imprisoned on the charge of evasion of military service by the local authorities, despite of the fact that he was the bearer of documents proving his American citizenship. Through the intervention of this legation Knopp was finally released and the case satisfactorily settled.

Jacob Friedberg, a naturalized American citizen of Austro-Hungarian origin, emigrated to the United States in 1888, at 12 years of age, before being summoned for military service. He was naturalized in New York City, on May 15, 1899; returned to his former home on a visit in May, 1901, and on the 22d day of that month was arrested by the local authorities for the nonperformance of military service, notwithstanding that he was the bearer of documents proving his American citizenship: Upon Friedberg's appeal to this legation, and through its intervention, he was released and immediately quitted the country without further reporting to the legation.

Harry Schmierie, a naturalized American citizen of Austro-Hungarian origin, emigrated to the United States in 1886, at 12 years of age, before being summoned for military service. He was naturalized at Denver, Colo., on October 16, 1896, and returned to his former home in May, 1901. The circumstances in Schmierie's case are nearly identical with those in the Friedberg case, given above, so that for the sake of brevity I refrain from giving them.

Michael Tenzer, a naturalized American citizen of Austro-Hungarian origin, emigrated to the United States in 1885, at 16 years of age, before reaching the age of conscription. He was naturalized in New York City in 1890; returned to his former home on a visit to his parents on May 3, 1901; was arrested shortly after his arrival by the local authorities, who immediately released him upon his establishing his American citizenship, but banished him from the district within twenty-four hours thereafter. Tenzer at once came to Vienna and appealed to this legation, through whose intervention the order of banishment against him was set aside.

Frank Howrka, a naturalized American citizen of Austro-Hungarian origin, emigrated to the United States in 1882 and became an American citizen through the naturalization of his father in 1887, being at that time under age and then residing in the United States. He returned with his father to bis former home in 1893 to look after property in this country, and on April 27, 1901, was enrolled as a recruit in the Austro-Hungarian army, but was finally released through the intervention of this legation.

I have no means of knowing, without making direct inquiry, which I could do at any time, whether order of banishment was issued in any case in which the fact is not stated in this summary. In many cases those who appeal to this legation leave the Monarchy while their cases are in process of adjustment, and without again communicating with us, so that we have no means of finding out whether an order of banishment has been transmitted to the local authorities without making specific inquiry at the foreign office. It has not been the custom to make such inquiry, as the object of this legation's intervention has been considered to be attained in most cases on the simple erasure of the names of those who appealed to it from the military rolls. I have, etc.,

ROBERT S. McCORMICK.

PASSPORT APPLICATION OF MOSES LILIENTHAL.

Mr. McCormick to Mr. Ilay.

No. 38.]

UNITED STATES LEGATION,

Vienna, November 12, 1901. Sir: I have the honor to present to you for your consideration the case of Moses Lilienthal, who has applied to this legation through the United States consul at Budapest, for a passport, and I respectfully ask for the instructions of the Department in this connection.

The facts of the case are as follows:

1. Moses Lilienthal was born at Jerusalem, Palestine, on the 10th of January, 1856, and has resided there since the day of his birth.

2. His father was born in the United States, at Louisville, Ky. (how long the father resided in the United States is not mentioned in application), and Lilienthal claims citizenship through native citizenship of parent.

3. He is the bearer of certificate, Form 179, No. 11, issued by the United States consul at Jerusalem on the 29th of January, 1901, and of Turkish passport, which I have the honor to inclose herewith, and respectfully request that they may be returned.

4. He is now temporarily residing at Budapest, Hungary, and declares that he intends to return to the United States (where he has never been) within two years, with the purpose of residing and performing the duties of citizenship therein; and yet in the same application he declares, “I desire the passport for the purpose of traveling in Europe and Asia.”

In this declaration I have no confidence, circumstantial evidence being entirely against it.

It seems to me that the consul at Jerusalem is responsible for issuing Form 179 to Mr. Lilienthal, to be used by him as a passport, contrary to sec. 169 (and 149) of Consular Regulations.

For which reasons, pending instructions from the Department, I have declined to issue passport to applicant. I have, etc.,

ROBERT S. McCORMICK. FR 1902, Pr 1

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