No. 5.] Mr. Harris to Mr. Hay. UNITED STATES LEGATION, SIR: Supplementary to Mr. Herdiliska's dispatch No. 134 of the 4th of March, 1899, reporting that the Austro-Hungarian Government had decided to withdraw the action brought against Aaron Kenig and to return to him the money and his passport which were taken from him, I have the honor to advise you that I have now received from the foreign office a note (a translation of which is respectfully submitted herewith) in which the ministry of foreign affairs sends to this legation, for proper disposition, the aforesaid money, consisting of 388 florins, 50 marks, 25 pfennigs, 1 ruble, 3 silver quarter-dollar pieces, and 1 silver dime piece, together with the aforesaid passport. I accordingly transmit this money and the passport inclosed herein to you, and respectfully request that the Department may cause the same to be forwarded to Aaron Kenig at his address, No. 147 Front street, Hartford, Conn. I have the honor to inform you also that I have advised Mr. Kenig of the decision of the Austro-Hungarian Government in his case, of the return by the foreign office of his money and passport to this legation, and of their transmission by this legation to the Department of State. I have, etc., ADDISON C. HARRIS. [Inclosure.] Minister of Foreign Affairs to Mr. Harris. Supplementary to the note of this ministry of the 2d ultimo, No. 10594, the Imperial and Royal ministry of foreign affairs has the honor to place at the disposition of the legation of the United States of America herewith the money, consisting of 388 florins, 50 marks, 25 pfennigs, 1 ruble, 3 silver quarter-dollar pieces, and 1 silver dime piece, together with his passport, taken from Aaron Kenig, and respectfully to request that a receipt for the same may be sent hither. Vienna, 25th April, 1899. For the minister: WELSERSHEIMB. Mr. Hay to Mr. Harris. No. 19.] DEPARTMENT OF STATE, SIR: Referring to previous correspondence concerning the action of the Austro-Hungarian Government in arresting Mr. Aaron Kenig and taking his money and passport from him, I have to acknowledge the receipt of your despatch No. 5, of April 29 last, returning the passport and a certain sum of money for delivery to the claimant. I enclose an original and duplicate receipt from Mr. Kenig for the money in question. You will transmit the original to the foreign office, and file the duplicate in your legation. No. 107.] MILITARY SERVICE-CASE OF JULIUS GRABER. Mr. Tower to Mr. Hay. UNITED STATES LEGATION, SIR: I have the honor to report to you, for your information, the case of Julius Graber, a naturalized citizen of the United States, who was arrested in Hungary for nonperformance of military duty and released upon the intervention of this legation in his behalf. Julius Graber was born at Vag-Bestertze, in Hungary, on the 10th of November, 1868. He emigrated to America in the year 1891, after having served in the Austro-Hungarian army according to the conscription laws of the Empire, being at that time enrolled in the national reserve force, though not in active service and not under summons to perform active service. Having resided five years in Dayton, Ohio, Mr. Graber was admitted to citizenship in the United States by the probate court of Dayton, Ohio, on the 1st day of October, 1896. He left America in June, 1897, to travel in Europe in the interests of his employers, the National Cash Register Company, having a passport, No. 1708, issued to him by the Department of State; and in the course of a short stay in Vienna, he decided to go to Hungary to visit the place of his birth. Upon putting this decision into effect, in August, 1898, he was arrested by the military authorities at Trenesen, charged with being a deserter, and was condemned to an imprisonment of fifteen days. He then appealed to this legation for assistance, which was given to him immediately. Representations were made in his behalf to the Austro-Hungarian ministry of foreign affairs, whereupon an official inquiry was instituted into the facts of his case with the result that Mr. Graber's American citizenship has been recognized and he has been freed from obligation to serve in the army of Austria-Hungary. The minister of foreign affairs has replied to this legation that Mr. Graber did not declare himself to be an American citizen at the time of his arrest, but that this fact now having been proved the entry of his condemnation to imprisonment has been erased from the military records in Hungary and his name stricken from the lists of those liable to perform military service. This exemption is to date from the day of his naturalization in the United States. SIR: I have the honor to report to you for your information the case of Erminio Demartini, an American citizen, whose name was inscribed until recently upon the military lists at Trieste as a deserter from the Austro-Hungarian army, but whose citizenship has now been duly recognized in consequence of the intervention of this legation, with the result that the said Mr. Demartini has been freed from the charge of desertion brought against him and from all liability to perform military service within this Empire. The facts of this case are as follows: Erminio Demartini was born in Brooklyn, N. Y., on the 7th of November, 1875. He was the son of Francesco Demartini, a native of Trieste, who emigrated to the United States and was admitted to citizenship there before the superior court of the city of New York on the 15th day of October, 1868. The said Erminio Demartini came to Austria at the age of 9 years in 1886, accompanied by his parents, and lived in the city of Trieste from the year 1886 to 1896. His father never returned to the United States, but appears to have come back to his native country with the purpose of spending here the rest of his days, and he did in fact remain in Trieste until his death, which occurred there in the year 1897. It does not appear, however, that he ever expressed an intention to abandon his American citizenship. The mother of the young man is still alive and residing in Trieste. During the ten years of his residence with his parents at Trieste, Erminio Demartini was regarded by the local authorities as an Austrian subject, and in the course of time his name was entered upon the lists of those liable to perform military service in the Empire. In the year 1896 he was summoned to appear as a conscript, but evidently, without offering to prove his right of exemption upon the ground of his American citizenship, he disregarded the summons and went to New York, whereupon he was declared to be in default and his name inscribed as a deserter from the Austro-Hungarian army. The case was first brought to my attention by a letter dated the 16th of June, 1898, from Messrs. Hobbs & Gifford, attorneys at law, of New York City, who recited the facts relating to it, and informed me that Erminio Demartini now desires to visit Austria temporarily for the purpose of seeing his mother, but hesitates to do so unless relieved from the liability to be now held for service in the army. They requested me to make the proper representation to the Austrian minister of war, or other authority having jurisdiction, to the end that this young man may be officially relieved from his embarrassment and declared to be not subject to military duty in Austria in the event of his return and temporary sojourn in that country, if such a course should be consistent with your view of public duty. As the letter of Messrs. Hobbs & Gifford did not present the necessary evidence as to the citizenship of the said Erminio Demartini, I replied to them on the 22d of July that, "in order that I may take the proper steps to carry out your request, I shall have to ask you to furnish me with an exemplification of the record (duly authenticated) of the naturalization of Francesco Demartini, the father, as also an affidavit by some disinterested person conversant with the facts as to the date and place of birth of Erminio Demartini, and his residence in the United States since that time." This request having been complied with by Messrs. Hobbs & Gifford in their letter of the 19th of August, as will be seen by the copies of the correspondence hereto attached, and it having been shown by the exemplification of the record that Francesco Demartini was in fact admitted to citizenship in the United States of America, before the superior court of the city of New York, on the 15th day of October, 1868, and it having been further shown by the affidavits accom panying the documents that Erminio Demartini was born in Brooklyn in the year 1875, subsequently, therefore, to the naturalization of his father, I undertook the necessary proceedings for his relief by addressing to the Count Goluchowski, Austro-Hungarian minister of foreign affairs, the note dated the 18th of October, 1898, of which a copy is included in the correspondence herewith submitted. I am now in receipt of a note from the Austro-Hungarian minister of foreign affairs dated the 14th of January, 1899, in reply to my communication, in which he informs this legation that, in view of the facts which I have presented to show that Erminio Demartini is to be regarded and treated as an American citizen, the provincial government of Trieste has been instructed by the ministry of national defense to take immediate steps to remove his name from the army lists. I have notified Messrs. Hobbs & Gifford of this act of justice to their client, and have informed them that the case of Mr. Demartini has been duly reported by me to the Department of State. I have, etc., [Inclosure 1.] CHARLEMAGNE TOWER. Hobbs & Gifford to Mr. Tower. NEW YORK CITY, June 16, 1898. DEAR SIR: Mr. Erminio Demartini, aged 23 years, is now a resident of the borough of Brooklyn, in the State of New York. He was born in the then city of Brooklyn on the 7th day of November, 1875, where his father and other members of his family then resided. His father, Francesco Demartini, originally an Austrian subject, came to this country in about the year 1863, and was fully naturalized in the superior court of the city of New York in 1868. In 1885 Francesco Demartini returned to Austria, taking the younger members of his family with him, including Ermie, and took up his residence at Trieste, leaving the two oldest children in the United States, where they have since remained, and now remain. In March, 1896, Ermie, then residing with his father at Trieste, was inspected for service in the Austrian army, and having been passed as to his physical qualifications, was ordered to join the army in the following October. Ermie, claiming that he was a subject of the United States and not subject to compulsory military duty in Austria, did not report for service in the Austrian army, but came to this country in May, 1896, and since that time has been employed and domiciled in Brooklyn. Within the last year his father has died at Trieste, and Ermie desires now to visit Austria temporarily for the purpose of seeing his mother, but hesitates to do so unless relieved from the liability to be now held for service in the army. If, therefore, it shall satisfactorily appear that this young man is a subject of the United States, and consequently not liable to compulsory military service in Austria, we would respectfully ask your honor to make the proper representation to the Austrian minister of war, or other authority having jurisdiction, to the end that this young man may be officially relieved from his embarrassment and declared to be not subject to military duty in Austria in the event of his return and temporary sojourn in that country, if such a course would be consistent with your view of public duty. The matters of fact stated in this communication relating to the residence and naturalization in New York of Francesco Demartini, the father of Ermie, and the birth of the young man in this country after the naturalization of his father, are within the personal knowledge of the senior member of the firm making this communication, and these and other necessary facts are supported by the affidavit of the young man in whose behalf this application is made, which affidavit is herewith inclosed for your information. It will afford us much pleasure to hear from the minister on the subject-matter of this communication. Very respectfully, yours, HOBBS & GIFFORD. [Inclosure 2.] Mr. Tower to Messrs Hobbs, & Gifford. UNITED STATES LEGATION, DEAR SIR: I have duly received your letter of the 16th of June, in which you make the request that the case of Mr. Erminio Demartini be brought to the attention of the Austrian authorities and his name removed from the list of those liable to perform military duty within the jurisdiction of this Empire. It appears that Mr. Demartini was born in Brooklyn, and is the son of Francesco Demartini, a naturalized citizen of Austrian birth. He was born subsequently to the naturalization of his father; but having come with the latter to Austria during his minority, and having lived in the city of Trieste several years, his name was inscribed there among those subject to military service. Mr. Demartini did not enter the Austrian service, but went back to the United States, and now resides in Brooklyn, he never having abandoned or intended to abandon his American citizenship. He wishes to return to Austria temporarily to make a visit to his mother at Trieste, his father having recently died, and the request made by you to this legation arises from his desire to come here without danger of incurring the inconveniences of arrest and detention upon the charge of being a deserter from the Austrian army. As far as I understand this case, Mr. Demartini was never liable to military service here. In order that I may take the proper steps to carry out your request I shall have to ask you to furnish me with an exemplification of the record (duly authenticated) of the naturalization of Francesco Demartini, the father, as also an affidavit by some disinterested person conversant with the facts as to the date and place of birth of Erminio Demartini, and his residence in the United States since that time. Once in possession of these documents I shall endeavor to establish here Mr. Erminio Demartini's right to enjoy all the privileges that he may be entitled to under our treaty as an American citizen. I am, etc., CHARLEMAGNE TOWER. |