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Office in this matter until the one which is the subject of this report to the Department.

In handing to Baron Marcks von Wurtemberg my note of December 17th, 1923,15 regarding the case of Mr. Wright, I went into the subject as fully as the information on file at the Legation would permit. I mentioned, in the course of our conversation, that the restrictions in Norway, somewhat similar to those in Sweden, had recently been removed.

Last evening I dined with the Minister for Foreign Affairs, and after dinner he referred to this matter of the Mormon missionaries. He said that it presented considerable difficulty to his Government, as the information which it has regarding the Mormon Church was not favorable. He spoke of a report to the Swedish Government which had been made some years ago, promising to send me a copy, which I shall forward to the Department as soon as possible.

I learned that the Minister has instructed the Swedish Legation at Washington and the Swedish Consulate at San Francisco to make new investigation of the activities and standing of the Mormon Church. In view of this instruction, the Minister said it would be some time before he could make an answer to the note which I sent to him on December 17th last.

Should the Department see no objection, I beg that the information contained in this despatch be brought to the attention of Senator Smoot, in order that he may be acquainted with the present situation regarding the entrance of Mormon missionaries into Sweden and, also, that he may inform the competent authorities of the Mormon Church of the investigation which is to be made by the Swedish diplomatic and consular officers in order that they may facilitate such investigation if the proper opportunity presents itself.

In this respect, it is my opinion that it would not be advisable for the Mormon Church to repeat the invitation that an investigation be made nor to offer to pay the expenses of an investigator of the Swedish Government, as its previous offer of this nature was rejected in terms which do not counsel repetition (see Department's telegram No. 21, April 9, 1921, 6 p. m. and Legation's cabled answer No. 46, April 28, 1921, 3 p. m.)

I should be obliged if the Department would indicate what further action it desires taken in this case, should the Minister's answer to my note refuse the request that a visa be given to Mr. Wright. ROBERT WOODS BLISS

I have [etc.]

45 Not printed.

359.116 M 82/7

The Minister in Denmark (Prince) to the Secretary of State

No. 666

COPENHAGEN, February 6, 1924.

[Received February 20.] SIR: Referring to my despatch No. 631, of December 21, 1923, I have the honor to report that Count Reventlow, Director General of the Danish Foreign Office, has informed me unofficially that the Church Ministry of Denmark from now on will exercise the utmost leniency with regard to the admission of Mormon preachers, as it is highly probable that all visa restrictions between Denmark and the United States are soon to be abolished. The Church Ministry, therefore, regards it as not worth while to insist upon strict visa observation at the present moment. This means practically free entry for all Mormon clergy, unless, as Count Reventlow pointed out, half jestingly, "a shipload were to come at once", which I assured him would not be the case. I believe that the problem is practically solved so far as Denmark is concerned.

I have [etc.]

JOHN DYNELEY PRINCE

358.116 M 82/38: Telegram

The Minister in Sweden (Bliss) to the Secretary of State

STOCKHOLM, June 7, 1924-1 p. m. [Received June 7-11: 50 a. m.] 19. With reference to my despatch number 115, January 25,46 Foreign Office informs me that hereafter visas for Mormons will be subject to the same regulations as applied to all foreigners.

BLISS

354.116 M 82/21

The Secretary of State to the Consul at Zürich (Wilkinson)

46

WASHINGTON, October 7, 1924.

SIR: The Department has received your confidential despatch No. 1911 of August 16, 1924, concerning the opposition of the Swiss authorities to the continued presence of Mormon missionaries in Switzerland.

There would appear to be no action which you could take in this matter other than to render to Mormon missionaries who may be American citizens, such assistance as may be warranted with a view

46 Not printed.

to seeing that they are accorded the protection to which they may be entitled under the laws of Switzerland.

With reference to your statement that the police at Zurich appear to be under the impression that your office has been over-zealous in the action which it has taken in behalf of Mormon missionaries, it is suggested that should you have reason to believe that the local authorities share this view you may be able to convince them that you have merely rendered to Mormon missionaries the assistance to which as American citizens they are entitled. With reference to the extent to which you should intervene in behalf of Mormon missionaries who are American citizens, it may be observed that this is a matter depending largely upon the facts and circumstances of the individual case. You should, however, be convinced that the facts are such as to warrant you in taking up a particular case with the local authorities. In general, it may be stated that you should render to Mormon missionaries who are American citizens the same degree of assistance that should properly be rendered to any other class of American citizens.

You may upon an appropriate occasion informally express to the local authorities the hope that so long as American citizens professing the Mormon faith do not violate the Swiss laws or preach any doctrine that is contrary to law or morality, they will be granted the same privileges and protection as are accorded to other aliens and will not be discriminated against merely because of their religion. However, should the Swiss authorities insist upon enforcing the laws of Switzerland bearing upon the stay of Mormon missionaries in that country, the Department considers that you would not be warranted in intervening in behalf of any American citizens who may be affected by such laws unless in enforcing the regulations governing the departure of such missionaries from Swiss territory, American citizens should be subjected to harsh or arbitrary treatment.

A copy of this instruction has been sent to the Legation at Berne for its information.

I am [etc.]

For the Secretary of State:

JOSEPH C. GREW

354.116 M 82/22

The Minister in Switzerland (Gibson) to the Secretary of State

No. 166

BERNE, October 7, 1924.
[Received October 18.]

SIR: During the past few years this Legation has frequently been called upon to deal with the cases of American Mormon missionaries

resident in Switzerland, who are refused renewals of residence permits by the cantonal authorities.

These cases are usually referred to rather loosely as "deportations" or "expulsions" and I venture to point out at once the inaccuracy of this description. The residence of foreigners in Switzerland is a matter regulated by the cantons and is subject to residence permits granted for short periods. The cantonal authorities have complete power to grant or withhold renewals of these residence permits and while the Federal Government is usually prepared to use its good offices in seeing that justice is done to foreigners, it cannot, constitutionally, enforce its views upon the cantonal authorities. The customary procedure is for the cantonal authorities to send a notice to the individual concerned informing him that his residence permit will expire at some future date, usually some weeks or months in advance and that the canton does not see its way to granting an extension. The foreigner is informed that he will be expected to leave the canton or the Confederation on or before the date of the expiration of his existing permit. The procedure in this matter is entirely different from that of deportations which are effected by the police and with much less consideration of the individual's convenience and with less warning. I have entered into this rather detailed explanation of the question in the belief that it has a considerable importance in considering the rights of the American citizens who frequently appeal to the Legation for protection and assistance.

In the past it has been the practice of the Legation to deal with each case as it arose, to endeavor to secure the statement of the reasons for the action taken by the cantonal authorities and frequently to secure an extension of the time limit fixed by the local authorities. It has recently become increasingly evident, however, that the cantonal authorities, notably those of the canton of Zurich, where most of the Mormon missionaries reside, have adopted a defi nite policy of eliminating them gradually from the canton through a refusal to renew their residence permits. Several of the missionaries have recently been informed that their present permits will not be renewed and that they will be expected to leave the canton of Zurich before the end of the year. I am further informed that a number of other missionaries expect such notification in due course. In view of this the Department may wish to consider the entire question and to give the Legation and consular officers in Switzerland some general instructions to govern their action in dealing with this case.

It would be very helpful to me to have the Department's instructions on the following points:

1. Whether the Department is disposed to take exception to the Swiss contention that those provisions of the Constitution bearing upon religious liberty concern Swiss citizens only and cannot be invoked by the missionaries as specifically covering their proselytizing. If it is desired that I take exception to the Swiss position I should like a statement of the Department's views for my guidance.

2. Whether the Department is disposed to contest the Swiss contention that Article III of the Convention of Friendship, Commerce and Extradition gives full warrant for refusing residence permits to American citizens whose presence is considered undesirable by the Swiss authorities; if so on what grounds.

3. What action the Department desires me to take on behalf of these missionaries. If it is desired that I support the contention of these missionaries that they should be allowed to remain indefinitely I should like a statement of the arguments to be advanced on their behalf. In deciding this question the Department will doubtless wish to bear in mind the possibility that serious pressure on behalf of these people may compromise the ability of the Legation to support the interests of other Americans who are in need of its assistance.

Pending receipt of the Department's instructions, I shall continue to deal with each case individually, to seek an explanation of the reasons for refusing to renew residence permits and where such action by me appears warranted, to request that suitable extensions be granted.

In submitting the foregoing I venture to point out that action in some of the cases now pending is contemplated not later than October 31st. I should be glad, therefore, if I might be given full telegraphic instructions as soon as possible.

I have [etc.]

354.116 M 82/22: Telegram

HUGH GIBSON

The Acting Secretary of State to the Minister in Switzerland

(Gibson)

WASHINGTON, October 27, 1924—4 p. m. 85. Your 166, October 7. Department's attitude concerning Mormon missionaries is indicated in its instruction of October 7 to Consul at Zurich, copy of which was sent to you by Department October 10.

See Department's 162, December 26, 1922, stating that it did not consider it advisable to make representations to Swiss authorities in favor of Mormon missionaries on ground that Article I of the Convention of Friendship, Commerce and Extradition of 1850 entitles them to privilege of residence in Switzerland.

You would not be warranted in objecting to denial by appropriate Swiss authorities of residence permits to Mormon missionaries found

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