Character of transmitter, viz., undamped or damped waves. Normal radiated current, amperes in antenna. Height of antenna. General character of antenna. Most efficient wave length for transmission. DEPARTMENT OF STATE, Washington, March 11, 1916. PROPOSED RETURN TO THE UNITED STATES OF NATURALIZED CITIZENS AGAINST WHOM THE PRESUMPTION OF EXPATRIATION HAS ARISEN Abrogation of Rule (d) of the Circular Instruction of November 18, 1911 File No. 136.2/66a DEPARTMENT OF STATE, To the American Diplomatic and Consular Officers (Including Consular Agents) GENTLEMEN: In a circular instruction, number 77, of November 18, 1911, the Department authorized the issuance of emergency passports to naturalized American citizens who had brought upon themselves the presumption of expatriation under the provision of section 2 of the act of March 2, 1907, by a protracted residence abroad, and were not able to overcome such presumption under the established rules, upon such persons showing that they had "made definite arrangements to return immediately to the United States for permanent residence." The Department held that the making of such arrangements was in itself sufficient to overcome the presumption of expatriation, and prescribed rule (d) to that effect. În recent years, and particularly since the outbreak of the present war, diplomatic and consular officers having authority to issue emergency passports have been called upon in numerous cases to issue such passports to naturalized citizens who had been residing abroad for many years, some of them for periods of twenty years or more. In many of these cases the facts and circumstances indicated that the persons concerned had established their permanent residence abroad, usually in their native lands, and would not have decided to come to the United States but for difficulties experienced abroad, particularly those arising out of the war. It appears that the real motive for returning to the United States was in some of these cases a desire to avoid payment of war taxes and, in others, a desire to evade performance of military service on the part of the applicants themselves, or to safeguard the interests of their sons. In many of these cases the persons concerned had not obtained American passports or registered in American consulates, or otherwise held themselves out as American citizens for many years past, and all attendant facts indicated complete abandonment of the United States. The Department is of the opinion that it was to meet such cases as those mentioned above that the provisions contained in the second paragraph of section 2 of the Expatriation Act of March 2, 1907, For. Rel. 1911, p. 1. were adopted, and the Department has reached the conclusion that American passports should not be granted for the purpose of enabling persons of the class in question to return to the United States. Consequently, the Department hereby abrogates rule (d) prescribed in the circular instruction of November 18, 1911, whereunder the presumption of expatriation could formerly be overcome. It is believed that all meritorious cases of naturalized citizens who have brought upon themselves the statutory presumption of expatriation, and have not been residing abroad for health, or education, or church missionary work, or promotion of American trade and commerce, will fall within the purview of rule (c) of the circular instruction of April 19, 1907, entitled "Expatriation," under which a person against whom the presumption has arisen may overcome it by showing "that some unforeseen and controlling exigency beyond his power to foresee has prevented his carrying out a bona fide intention to return to the United States within the time limited by law, and that it is his intention to return and reside in the United States immediately upon the removal of the preventing cause. With relation to rule (c), it may be well to observe that it is not applicable to cases of persons who have been engaged abroad in local business of some kind and have failed, through the ordinary vicissitudes of business rather than some special misfortune, to accumulate means sufficient to enable them to return to the United States. I am [etc.] FRANK L. POLK, AMENDMENT TO RULES GOVERNING THE ADMISSION OF CHINESE File No. 151.01/43 DEPARTMENT OF STATE, To the American Diplomatic and Consular Officers. (Including Consular Agents) GENTLEMEN: The Department is in receipt of a letter dated May 19, 1916, from the Acting Secretary of Labor enclosing a copy of a circular letter to commissioners of immigration and inspectors in charge of districts promulgating a recent amendment to rule 9 of the "Rules Governing the Admission of Chinese." The amendment in question, which makes a material change in the holding of the Department of Labor regarding the admissibility of the sons born abroad of Chinese citizens of the United States, provides as follows: Rule 9 of the Chinese Rules, approved October 15, 1915, is hereby amended by striking therefrom paragraphs (f) and (g), by changing the letter designation of the last paragraph thereof from (h) to (g), and by inserting a new paragraph designated (f), reading as follows: "(f) The lawful wife of an American citizen of the Chinese race may be admitted for the purpose of joining her husband, and the lawful children of such a citizen partake of his citizenship and are therefore entitled to admission. In every such case convincing evidence of citizenship and relationship shall be exacted." I am [etc.] For the Acting Secretary of State: File No. 093./13a GIFTS INTENDED FOR THE PRESIDENT DEPARTMENT OF STATE, Washington, June 27, 1916. To the Diplomatic and Consular Officers of the United States GENTLEMEN: There is printed on the overleaf, for the information and guidance of the diplomatic and consular officers of the United States, the text of an executive order, dated June 23, 1916, directing them to refuse to accept, for transmission, gifts which citizens or subjects of foreign countries may desire to present to the President, and requiring that the tender of such gifts be made through the respective diplomatic agents at Washington. I am [etc.] ROBERT LANSING Executive Order It not infrequently happens that diplomatic and consular officers of the United States are requested to be the medium of transmission of literary, scientific or artistic works, or other gifts, which citizens or subjects of foreign countries desire to present to the President. In order that the practice in this regard may accord with that generally observed in the matter of similar presentations to the heads of other governments, it is hereby ordered that diplomatic and consular officers of the United States will hereafter, whenever request is made of them by a citizen or subject of a foreign country to transmit a gift of any character to the President, refuse to accept such gift and will advise the donor that it is required that the presentation be made through the diplomatic representative of the donor's government at Washington. To the Diplomatic Officers of the United States in Latin American Countries GENTLEMEN: In order to make the direction of its work as effective as possible, the International High Commission which met at Buenos Aires in April last adopted a resolution providing for a Central Executive Council "whose duty it shall be to centralize and coordinate the labors of the Commission, to keep the several sections in constant touch with one another, and to carry out the conclusions of the International High Commission and the Pan American Financial Conferences, and to prepare the program, reports, and all other material necessary for the holding of the second meeting of the International High Commission." The executive officers of the United States section of the High Commission have become President, Vice President and Secretary General of this Council. As one of the first steps in carrying into effect the important and constructive recommendations of the International High Commis sion at its Buenos Aires meeting, the office of the Central Executive Council desires to obtain the most accurate and recent information with reference to the status of national legislation on negotiable instruments and commercial paper. To this end the Central Executive Council, through the Secretary of the Treasury, has requested the Secretary of State to instruct the Diplomatic Officers of the United States in Latin American countries to send at as early a date as convenient a full statement of the legislation in each country with reference to (a) Bills of exchange; the status of legislation ratifying the Hague Convention on Bills of Exchange of 1912; (b) Checks; (c) Bills of Lading; (d) Warehouse Receipts. The International High Commission is interested in these subjects chiefly from the point of view of their character as negotiable instruments, and while information relative to customs regulations and other fiscal machinery involving, for instance, bills of lading, will be noted with interest, the Commission are especially anxious to secure a summary of existing law or any proposed changes. In case the diplomatic representatives of the United States desire to forward commercial codes or any other printed matter, it would be of great assistance to the Central Executive Council if such representatives would inquire of competent legal authority as to the present effect of these laws. It is not desired, however, that the diplomatic representatives should incur any expense in this connection. The Department would be pleased to have you comply with the wishes of the Central Executive Council as far as practicable. I am [etc.] For the Secretary of State: ALVEY A. ADEE OPIUM LAWS AND REGULATIONS File No. 800.114/22 DEPARTMENT OF STATE, To the Diplomatic Officers of the United States GENTLEMEN: Referring to the Department's circular instructions of March 11 and July 8, 1914,10 regarding the laws and regulations of foreign countries governing the importation of opium and cocaine and their derivatives, I have now to inform you that since the greater part of the information regarding these laws and regulations was received, a new factor has entered the situation in the shape of the International Opium Convention proclaimed by the President on March 3, 1915.11 As that Convention requires the contracting powers to take certain measures for the regulation of imports of opium, cocaine, etc., it is desired that you request of the government to which you are respectively accredited, a statement of the conditions under which 10 For. Rel. 1914, pp. 7 and 12. 1 For. Rel. 1915, p. 1311, they will permit the importation of the articles in question, in order that the regulations which Section 6 of the Opium Act of January 17, 1914, requires the Secretary of State, the Secretary of the Treasury, and the Secretary of Commerce to make may be early formulated and published. With a view to acquainting those governments with what the Government of the United States has done in the regulation of imports of these drugs, I enclose a copy of Treasury Decision 34221 of March 3, 1914, containing a copy of the Opium Act of January 17, 1914, and the regulations thereunder. Inasmuch as it is necessary to consider in this connection imports in the mails, it may be stated to each government that "poison such as opium" was prohibited by the United States from transmission in the regular mails and the parcel post exchange with foreign countries. You will give this matter immediate attention and forward to the Department the statement requested as soon as possible. I am [etc.] ROBERT LANSING INTERNATIONAL FARM CONGRESS File No. 561.14A11 DEPARTMENT OF STATE, Washington, August 24, 1916. To the Diplomatic Officers of the United States GENTLEMEN: Pursuant to a provision contained in the Agricultural Appropriation Act, approved August 11, 1916, you will extend to the governments to which you are respectively accredited an invitation to appoint delegates or representatives to the International Farm Congress to be held in El Paso, Texas," October 19-21, 1916. The International Farm Congress has for its purpose the spread of knowledge concerning better farming methods, especially in regions having light or irregular rainfall, and primarily the teaching of conservation of moisture through scientific tillage methods. In extending the invitation and expressing the hope that the invited governments may deem it of advantage to be represented at the Congress, you will explain that, while the invitation is extended by the authority of the Congress of the United States, the International Farm Congress will not be held under government auspices and that no provision has been made by the Congress of the United States for the payment of the expenses of the foreign representatives who may attend, or for their entertainment. In connection with the International Farm Congress there will be held the International Soil Products Exposition, at which the Department of Agriculture of the United States will make an exhibit illustrative of the investigations, products, and processes relating to farming in the subhumid, arid, and semi-arid regions of the United States. Participation in this Exposition by the nations of the world will be welcomed by the management of the International Farm Congress. I am [etc.] For the Secretary of State: |