he had already been told on his former visit, namely, that the viséing of his passport was not necessary, and that he could travel throughout the Austro-Hungarian Empire without submitting it to the said formula, but should he nevertheless consider the viséing of his passport so very desirable he had only to send it for this purpose first to the American consulate and then to the Imperial and Royal consulate at Bucharest, which might easily be effected through the post. On Trauber's insisting, however, in peremptory tones, on having the viséing carried out on the part of the Imperial and Royal consulate at Braila, the consul requested him in a decided but in no wise insolent terms to desist from further molestation and to leave the office. According to the above statements, there can be no question of disrespect having been shown to the passport of the naturalized American citizen William Trauber on the part of the Imperial and Royal consul at Braila, who, as aforesaid, gave him, the claimant, implicitly to understand that he could travel through the monarchy with his American passport without undergoing the formula of viséing. If, therefore, the consul, taking the unusual circumstances of the case into consideration, refused to comply with William Trauber's obstinate demands to visé his passport, which he, the consul, did not consider himself morally obliged to do, he can not under any pretext whatsoever be charged with a violation of his official duties either in one or the other direction. In having the honor to respectfully acquaint the honorable chargé d'affaires of the United States of America, Mr. Charles V. Herdliska, with the above facts, the undersigned avails himself at the same time of the opportunity to renew the assurances of his highest consideration. Vienna, October 4, 1899. For the minister. Mr. Hay to Mr. Herdliska. WELSERSHEIMB. No. 55.] DEPARTMENT OF STATE, Washington, November 18, 1899. SIR: Referring to previous correspondence concerning the refusal of the Austrian consul at Braila, Roumania, to visé a passport issued by Mr. McGinley in the absence of the United States minister from Athens, I have to acknowledge the receipt of your dispatch inclosing translation of the reply of the Austro-Hungarian ministry of foreign affairs, replying to the representations made to it on the subject by Mr. Harris. In view of all the circumstances of the case, the Department has decided to accept the Austrian explanations as satisfactory. In compliance with your request Mr. Trauber's passport is herewith returned. I am, etc. JOHN HAY. No. 28.] MILITARY SERVICE-CASE OF MORIS THOMAN. Mr. Harris to Mr. Hay. UNITED STATES LEGATION, SIR: I have the honor to report to you for your information the case of Moris Thoman, a naturalized citizen of the United States, who was arrested in Hungary for nonperformance of military duty and released upon the intervention in his behalf of this legation. Moris Thoman was born at Szobrancz, Hungary, on the 11th day of January, 1864, and emigrated to the United States in the year 1883, when he was 19 years of age. He resided in the United States eleven years, during which time he was admitted to citizenship before the court of common pleas of Philadelphia, at Philadelphia, Pa., on the 6th day of September, 1888. Being in poor health, he was advised that he would be benefited by a trip to Europe, whereupon he decided to make a visit to his brother residing in Berlin. He accordingly left the United States in June, 1894, reaching Berlin within the same month. Since his arrival in Europe he has continued to reside with and has made his home with his brother. On the 21st of August, 1898, while on a visit to Szobrancz, Hungary, the place of his birth, for the purpose of attending the wedding of a relative, he was summoned by the "Stuhlrichter" (district judge) at Szobrancz to appear before the "Bezirkshauptmann" (governor) of that district for military examination. He presented his United States certificate of naturalization as evidence of his American citizenship to the Stuhlrichter, but this document was ignored by that official. He was informed that his name was upon the list of persons from Szobrancz liable to perform military service, and that he would accordingly be required to submit to the physical examination. The date of this examination was fixed by the Stuhlrichter for the 5th day of September, 1898, and Mr. Thoman was given the alternative either of remaining under arrest until that date or of furnishing bail in the sum of 150 florins as security for his appearance on that date. As Mr. Thoman, would not submit to an unjust arrest, his only alternative was therefore to deposit with the Stuhlrichter the 150 florins demanded of him. This he did, but under protest, returning then at once to the house of his brother in Berlin. From there he 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 by the secretary of this legation, Mr. Charles V. Herdliska, who was at that time acting as chargé d'affaires ad interim, whereupon an official inquiry was instituted into the facts of his case, with the result that Mr. Thoman's American citizenship has been recognized, that he has been freed from obligation to serve in the Imperial and Royal army of Austria-Hungary, and that the bail in the sum of 150 florins which was unjustifiably exacted of him has been returned to him. Copies of the entire correspondence relating to this case are respectfully submitted herewith. I have, etc. A. HARRIS. [Inclosure 1.] Mr. Thoman to Mr. Tower. BERLIN, August 24, 1899. YOUR EXCELLENCY: Permit me to place my case before you and to request your kind assistance. The facts are as follows: I was born on January 18, 1864, at Szobrancz, Hungaria, and emigrated to the United States in 1883, where I became naturalized before the court of common pleas at Philadelphia, Pa., on September 6, 1888. I last left the United States in June, 1894, and am at present staying with my brother in this city, my health not permitting me to return to the United States for the present. On the 21st instant, while on a visit at Szobrancz for the purpose of attending a wedding of a relative of mine, I was notified that I would have to appear for examination for the purpose of performing military duty, but, on making a deposit of 150 florins, I was not arrested, and preferred to leave the money in the hands of the Stuhlrichter of the political authorities of that place and leave the country. I beg to inclose my certificate of naturalization and certificate of birth, begging their ultimate return, from which papers it will be seen that the former gives my first name as Moris while the latter gives it as Mozes. I was always known under the name of Moris and therefore became naturalized under that name. The time for me to appear was fixed on the 5th of next month, and I therefore beg that you will have the great kindness to intervene in my behalf so as to have the money returned to me and that my name, as an American citizen, be stricken from the list of those liable to military service in Austria-Hungary. Excuse the trouble I am causing, and please accept my best of thanks for anything you may see fit to do in my case. I beg, etc., MORIS THOMAN. [Inclosure 2.] Mr. Herdliska to Mr. Thoman. UNITED STATES LEGATION, SIR: I have duly received your letter dated at Berlin on the 24th of August, 1898, in which you state that you are a naturalized American citizen; that you were born in Hungary in 1864; emigrated to the United States in 1883; were naturalized before the court of common pleas in Philadelphia, Pa., on September 6, 1888; last left the United States in the month of June, 1894, and have, since your arrival in Europe, made your home with your brother in Berlin, your health not permitting you to return to the United States. You further inform me that on the 21st of August, 1898, while on a visit to Szobrancz, Hungary, the place of your birth, for the purpose of attending the wedding of a relative, you were served with a notice that you would be required to present yourself before the local Stuhlrichter for examination for military service. On making a deposit with the Stuhlrichter in the sum of 150 florins, you were not arrested, and thereupon immediately left the country, returning to Berlin. You state that the date for your appearance at Szobrancz for your examination is fixed for the 5th of September, 1898, and you beg, from Berlin, that this legation intervene with the Austro-Hungarian Government in your behalf, in order that this money-which you most probably furnished as bail for your appearance on that date, and which, as you have no intention of appearing, you do not wish to see forfeited may be returned to you and your name be stricken from the list of those liable to military duty in Austria-Hungary. As evidence of your naturalization you send to this legation your certificate of naturalization, issued to you by the court of common pleas of Philadelphia County, at Philadelphia, Pa., on September 6, 1888. You also inclose your certificate of birth. Before this legation can take any steps in your case it will be necessary for you to state: 1. Whether you emigrated to America from Hungary after having been drafted at the time of conscription, and thus having become enrolled as a recruit for service in the standing army; or, 2. Whether you emigrated while you stood in service under the flag, or had a leave of absence only for a limited time; or, 3. Whether having a leave of absence for an unlimited time, or belonging to the reserve or to the militia you emigrated after having received a call into service. It will further be necessary for you to inform this legation as to the details of the deposit of 150 florins made by you; whether the money was demanded of you in lieu of arrest, or whether you furnished it voluntarily. With these details in hand I shall take such steps as may be necessary to assist you. I am, etc., CHARLES V. HERDLISKA, Chargé d'Affaires ad interim. [Inclosure 3.] Mr. Thoman to Mr. Herdliska. BERLIN, September 2, 1898. DEAR SIR: Your esteemed favor of the 31st ultimo came duly to hand, and in reply I beg to state: To questions 1 and 2, I have never been drafted into the army, i. e., was never accepted as a soldier, although I presented myself for examination on one occasion. I did not apply for a leave of absence as I did not deem it necessary, not having to fulfil any military duty at the time of my emigration to America. To question 3, I did not belong to the reserve or militia at the time of my emigration. To recapitulate: I was never accepted as a soldier in Austria-Hungary, and belonged to neither reserve or militia at the time of my emigration, but emigrated without any leave of absence. As to the deposit of the 150 florins I beg to state that at the time of my visit at Szobrancz I was informed that gendarmes were instructed to arrest me for avoidance of military duty, and a relative of mine visiting the Stuhlrichter of the Politische Behorde was told that I would either be arrested or have to deposit the sum of 150 florins as security for my appearance before the proper military authorities. This sum was deposited, but I left the country not wishing to encounter further difficulty. I was still at military age at the time of my emigration, but not accepted. I was 20 years of age at the time. I hope that I have now placed before you all the facts necessary in my case, and that you will be in a position to kindly fulfil my request, that the money deposited be returned, and my name be stricken from the list of those liable to perform military duty. With best thanks in advance, I beg, etc., MORIS THOMAN. P. S.-I forgot to state that the Stuhlrichter stated at the time that he would only hold the deposit of 150 florins until the 5th instant, and after that date it would be forfeited. [Inclosure 4.] Mr. Herdliska to the Stuhlrichter at Szobrancz. UNITED STATES LEGATION, SIR: Complaint has been made to this legation by Mr. Moris Thoman, a naturalized citizen of the United States of America, who was born at Szobrancz, Hungary, in 1864, and who emigrated to the United States in 1883, when he was 19 years old, and who is now temporarily residing in Berlin, Germany, that while on a visit to Szobrancz, for the purpose of attending the wedding of a relative, he was served with a notice that he would be required to present himself before the Stuhlrichter for examination for military service on the 5th of September, 1898, and that on making a deposit of 150 gulden he was not put under arrest pending his appearance. The legation of the United States has the honor to advise the Stuhlrichter of Szobrancz that Mr. Moris Thoman is now a citizen of the United States, that he emigrated to America from Hungary before he was drafted at the time of conscription, and thus before having become enrolled as a recruit for service in the standing army, and can therefore, under Article II of the treaty of September 20, 1870, between Austria-Hungary and the United States of America, not be held to military service in Austria-Hungary now, nor is he liable now to trial and punishment for the nonfulfillment of military duty. For this reason Mr. Thoman will not appear for examination for military service before you on the 5th of September, the date fixed by you, and the legation of the United States of America has the honor therefore to request that you will be kind enough, inasmuch as you had no claim upon Mr. Thoman, to return to this legation the 150 gulden you exacted of him to guarantee his appearance on the 5th instant. The legation of the United States has the honor also to request that you will strike Mr. Thoman's name from the lists of those liable for militar military duty from Szobrancz. I have, etc., |