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CHAPTER II.

ATTITUDE OF FOREIGN GOVERNMENTS TOWARD THEIR CITIZENS WHO HAVE BECOME NATURALIZED IN UNITED STAIES.

100. Military service cases.

101. Information relative to rules and regulations of foreign countries, com piled by Department of State.

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119. Russia and Turkey; denial of right of expatriation

120. Treatment of American Jews in Russia.

121. Taxation, in Turkey, of relatives of naturalized citizen of United States of Ottoman origin.

122. Vicarious punishment, in China, of relatives of Chinese naturalized citizens of United States.

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100. Military service cases.- The most vexatious cases with which this government had to deal were those where persons,

natives of states of continental Europe which maintain large standing armies, came to the United States and were naturalized, and, upon return for pleasure or business to the country of their origin, were seized and drafted unto the military service. These difficulties were, to a considerable extent, obviated by the naturalization treaties above referred to.

These treaties generally stipulate for a five years' period of residence as a condition prerequisite to naturalization. They provide that a naturalized citizen upon return to his native country shall be held liable to trial for an action punishable by the laws of his native state, committed prior to his emigration. They also contain the provision, heretofore referred to, that an individual who renews his residence in his native country without the intent to return to the country in which he has been naturalized, shall be held to have renounced his naturalization, and that the intent not to return may be held to exist when the residence continues for more than two years.

Under these treaties, a naturalized citizen of the United States, who left military duty due and unperformed when he emigrated from his native country, remains liable to prosecution upon return to such country after naturalization. The obligation must have fully accrued before he emigrated from the country, however. He cannot rightfully be punished for the nonperformance of a duty which is supposed to grow out of his abjured allegiance; nor is he liable for failure to perform military service when the obligation arises after his emigration.

In Germany, while the right of a former German subject, after due naturalization in the United States, to return to Germany for a temporary sojourn, is recognized, that government denies his right to remain in his former home, and may expel him after a brief sojourn, on the ground that he left Germany merely to evade military service.

101. Information relative to rules and regulations of foreign countries, compiled by Department of State.*-The following information relative to the laws and regulations of various foreign countries (embodied in §§ 102-118) has been carefully compiled by the Department of State, and is furnished to American citizens, formerly subjects of those countries, who contemplate returning to the country of their origin:

102. Austria-Hungary.-All male subjects of Austria-Hungary are liable to the performance of military service between the ages of nineteen and forty-two years.

Under the terms of the treaty between the United States and Austria-Hungary a former subject of that country, now a naturalized citizen of the United States, is treated, upon his return, as a citizen of the United States. If he violated any of the criminal laws of Austria-Hungary before the date of emigration he remains liable to trial and punishment, unless the right to punish has been lost by lapse of time as provided by law. A naturalized American citizen, formerly a subject of AustriaHungary, may be arrested and punished under the military laws only in the following cases: (1) If he was accepted and enrolled as a recruit in the army before the date of emigration, although he had not been put in service; (2) if he was a soldier when he emigrated, either in active service or on leave of absence; (3) if he was summoned by notice, or by proclamation, before his emigration, to serve in the reserve or militia, and failed to obey the call; (4) if he emigrated after war had broken

out.

A naturalized American citizen of Austro-Hungarian origin on arriving in that country should at once show his passport to

*The information given is believed to be correct, yet is not to be considered as official, as it relates to the laws and regulations of foreign countries. Note by Department of State, 1901.

the proper authorities; and if, on inquiry, it is found that his name is on the military rolls, he should request that it be struck off, calling attention to the treaty of September 20, 1870 (17 Stat. at L. 833), between this country and Austria-Hungary.

The laws of Austria-Hungary require every stranger to produce a passport on entering. This provision is not usually enforced, but may be at any time. Travelers are usually called upon to establish their identity, and are advised to provide themselves with passports. They do not ordinarily require to be

viséd.

103. — Belgium.- Every male Belgian must register during the calendar year in which he reaches the age of nineteen years to take part in the drawing of lots for the raising of the necessary military contingent.

Anyone who has drawn a number which designates him for military service, or, in case of his absence, has had a number drawn for him by the proper authority, is punishable if he does not answer the call for service.

Under the terms of the convention between the United States and Belgium, a Belgian, naturalized as a citizen of the United States, is considered by Belgium as a citizen of the United States, but upon return to Belgium he may be prosecuted for crime or misdemeanor committed before naturalization, saving such limitations as are established by the laws of Belgium.

A naturalized American, formerly a Belgian, who has resided five years in this country, cannot be held to military service in Belgium, or to incidental obligation resulting therefrom, in the event of his return, except in cases of desertion from organized or embodied military or naval service.

Passports are not usually required in Belgium, but people who contemplate sojourning in that country are recommended to carry them in order to establish their identity.

require to be viséd or indorsed.

They do not

104. - Denmark.- Military service becomes compulsory to a subject of Denmark during the calendar year in which he reaches the age of twenty-two years.

In November or December of the year in which he becomes seventeen years old, he is expected to report for enrollment on the conscription lists. If he neglects to do so, he may be fined from 2 to 40 kroner; but if his neglect arises from a design to evade service he may be imprisoned.

In case he fails to appear when the law requires that he be assigned to military duty, he is liable to imprisonment.

When one whose name has been, or should have been, entered on the conscription lists emigrates without reporting his intended departure to the local authorities he is liable to a fine of from 25 to 100 kroner.

A person above the age of twenty-two years, entered for military service, must obtain a permit from the minister of justice to emigrate. Noncompliance with this regulation is punishable by a fine of from 20 to 200 kroner.

The treaty of naturalization between the United States and Denmark provides that a former subject of Denmark, naturalized in the United States, shall, upon his return to Denmark, be treated as a citizen of the United States; but he is not thereby exempted from penalties for offenses committed against Danish law before his emigration. If he renews his residence in Denmark with intent to remain, he is held to have renounced his American citizenship.

A naturalized American, formerly a Danish subject, is not liable to perform military service on his return to Denmark, unless at the time of emigration he was in the army and deserted, or, being twenty-two years old at least, had been enrolled for duty and notified to report, and failed to do so. He is not liable for service which he was not actually called upon to per

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