[Inclosure 5.] Mr. Herdliska to Mr. Thoman. UNITED STATES LEGATION, SIR: I have duly received your letter of September 2, 1898, in which you state, in reply to my letter to you of August 31, 1898, that you were "never drafted into the Austro-Hungarian army; that, although you presented yourself for examination on one occasion, you were not accepted." You further state that you "did not apply for a leave of absence at the time of your emigration to America as, not having any military duty to perform, you did not consider it necessary. With reference to the 150 florins left by you with the Stuhlrichter of Szobrancz, you state that you "deposited the sum as security for your appearance before the proper military authorities." I have now to inform you that on the 3d of September, 1898, the date of the receipt of your letter, representations were made by me to the Stuhlrichter at Szobrancz for the return to you of the money deposited by you with him, and for the cancellation of your name from the lists of those liable to military duty from Szobrancz. Should these requests not be acceded to by the Stuhlrichter, or should I not hear from him within a reasonable time, I will present your case for adjustment to the Imperial and Royal ministry of foreign affairs of Austria-Hungary. I am, etc., CHARLES V. HERDLISKA, Chargé d'Affaires ad interim. [Inclosure 6.] Mr. Herdliska to the Foreign Office. UNITED STATES LEGATION, SIR: Complaint has been made at this legation by Moris Thoman, a naturalized citizen of the United States of America, of Hungarian birth, that he was unjustly arrested at Szobrancz, Hungary, upon a charge of nonperformance of military duty and was unjustifiably required to deposit with the Stuhlrichter of Szobrancz, as security for his appearance for examination upon the date fixed by the Stuhlrichter the sum of 150 florins, which money has never been returned to him. The facts of this case, as stated by Mr. Thoman, are these: 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, Pa., on the 6th day of September, 1888. As he was in poor health, Mr. Thoman 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, Germany. He accordingly left the United States in June, 1894, reaching Ber lin within the same month. Since his arrival in Europe, his health not permitting his return to the United States, he has continued to reside with and has made his home with his brother. On the 21st of August, 1898, while on a visit at Szobrancz, Hungary, the place of his birth, for the purpose of attending the wedding of a relative, he was summoned by the Stuhlrichter of Szobrancz to appear before the bezirkshauptmannschaft of that district for military examination. He presented his United States certificate of naturalization as evidence of his American citizenship to the Stuhlrichter, but that document was completely 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 for 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. Mr. Thoman would not, as a matter of course, submit, as an American citizen, to an unjust arrest. His only alternative, therefore, was to deposit with the Stuhlrichter the 150 florins demanded of him. This he did, but under protest, returning then at once to the home of his brother in Berlin, where he is at present temporarily residing. Mr. Thoman declares that he had never been summoned or enrolled as a conscript in the Imperial and Royal army of Austria-Hungary before he emigrated to America. He declares further that although he did upon one occasion, before his emigration to America, present himself voluntarily for examination, he was not accepted. He did not apply for a leave of absence at the time of his emigration to America, as, having no military duty to perform, he did not consider it necessary. I have the honor to present these facts to your excellency's attention, with the request that an examination of them may be made by the proper authorities, and that if they be found correct, as they have been reported to me, the name of the said American citizen, Moris Thoman, may be removed from the Imperial and Royal military lists and the Stuhlrichter at Szobrancz be instructed to return to Mr. Thoman, without delay, the 150 florins unjustifiably exacted of him. I avail myself, etc., CHARLES V. HERDLISKA, Chargé d'Affaires ad interim. [Inclosure 7.] Mr. Thoman to Mr. Herdliska. BERLIN, September 16, 1898. SIR: I beg to acknowledge the receipt of your esteemed favor of the 10th instant (which reached me yesterday), and to express my sincere thanks for the interest which you are giving my case. Hoping that your efforts will meet with success and that I may soon be in possession of a favorable reply, I beg, etc., FR 99-5 MORIS THOMAN. [Inclosure 8.] Mr. Thoman to Mr. Herdliska. BERLIN, November 25, 1898. DEAR SIR: The money paid by me as a fine for the nonperformance of military duty to the Stuhlrichter at Szobrancz, Hungaria, has been returned. This was due to your kind intervention in my behalf, for which please accept my sincere thanks. Will you be good enough to inform me whether the Austrian Government has already informed the legation of any decision reached in my case, and whether my papers, which I transmitted to you, have been returned. I would also be grateful if you would kindly inform me whether my name has been stricken from the military lists, and if I may, should occasion arise, return to Austria-Hungary without being liable to molestation or arrest. Awaiting your kind reply, I beg, etc., M. THOMAN. [Inclosure 9.] Mr. Herdliska to Mr. Thoman. UNITED STATES LEGATION, SIR: This legation has duly received your letter of the 23d of November, 1898, and is gratified to learn therefrom that the "Stuhlrichter" at Szobrancz, Hungary, has, in consequence of the representations made to him by this legation, recognized your American citizenship and returned to you the 150 florins which you were required by him to deposit as bail at the time of your arrest there last August upon the charge of nonperformance of military duty. On the 15th of September, 1898, I presented your case to the Austro-Hungarian foreign office also, and requested that your name be removed from the lists of those liable to military duty. The legation has not as yet been favored with a reply from the foreign office, but I am confident that your American citizenship will be duly recognized and your name removed from the lists of those liable to military duty in Austria-Hungary. In the meantime I return to you herewith your certificate of naturalization issued to you by the court of common pleas No. 4, for the county of Philadelphia, at Philadelphia, Pa., on the 6th day of September, 1888, and your certificate of birth, which you sent to this legation in your letter of the 2d of September, 1898. When a reply from the Austro-Hungarian foreign office is received, it will give me pleasure to advise you thereof. I am, etc., CHARLES V. HERDLISKA, Chargé d'Affaires ad interim. [Inclosure 10.-Translation.] The Foreign Office to the Legation. Replying to the esteemed note of the chargé d'affaires ad interim of the United States, Mr. Charles V. Herdliska, of date the 15th of September, 1898, No. 76, the Imperial and Royal ministry of foreign affairs has the honor to most respectfully inform the legation of the United States of America that the bail in the sum of 150 florins, which was deposited by his uncle, Elias Moskovics, for Moritz alias Moses Thoman, born in the year 1864, at one time a resident of Szobrancz and at present domiciled in Berlin, was returned to said Elias Moskovics by the Oberstuhlrichter (district judge) of the district of Szobrancz already on the 30th day of October, 1898. The Imperial and Royal ministry of foreign affairs has the honor to most respectfully inform the legation of the United States of America further that, according to a decree of the Royal Hungarian ministry of the interior of date the 3d of July of the current year and numbered 63752-1, the said Moses (Moritz) Thoman is recognized, according to Article I of the treaty of naturalization, as a citizen of the United States of America, and that in consequence of such recognition the necessary measures have been taken that Thoman's name be struck from the rolls of the Imperial and Royal army and from the list of those persons who are liable to military duty, but who are absent. Vienna, July 29, 1899. For the minister: [Inclosure 11.] SZECSEN. The Legation to Mr. Thoman. BERLIN W., Aug. 11, 1890. SIR: Supplementary to my letter to you of the 4th of February, 1899, I beg to inform you that this legation is now in possession of a reply from the Austro-Hungarian foreign office to the representations made to it in your behalf; the result of which representations is that, according to a decree of the Royal Hungarian ministry of the interior of date the 3d of July last, you are recognized by the Hungarian Government, according to Article I of the treaty of naturalization, as a citizen of the United States of America, and in consequence of such recognition the necessary measures have been taken that your name be struck from the rolls of the Imperial and Royal army and from the list of those persons who are liable to perform military service, but who are absent. This ends your case, and you are therefore at liberty to visit AustriaHungary now or at any time in the future without molestation. I inclose to you herewith, for your information, a translation of the note received from the foreign office disposing of your case. I am, etc., CHARLES V. HERDLISKA, Secretary of Legation. No. 40.] MILITARY SERVICE-SUNDRY CASES. Mr. Adee to Mr. Harris. DEPARTMENT OF STATE, Washington, September 11, 1899. SIR: I inclose for your information copies of dispatches numbered 46,' of May 25 last, and 52,' of the 21st ultimo, from the United States consul at Prague, reporting the cases of certain naturalized American citizens who were arrested by the Austrian authorities for the nonperformance of military service. You are instructed to bring Mr. Donzelmann's statements to the attention of the Austro-Hungarian foreign office, with the request that they be fully investigated, and, if found to be correct, that prompt instructions be issued by the Austrian Government to the local authorities to pay respect to a United States passport, and that in case of the arrest of an American citizen bearing such a document he be instantly permitted to communicate with the consul. It is not the wish of this Government to interfere with the execution of the military laws of Austria, should any of the persons arrested be legally amenable thereto, but it desires to protest, respectfully, against the refusal of the local authorities to permit them to communicate with the United States consular officer having jurisdiction. The question is not new, as will appear by reference to the following cases, viz: Mr. Gresham to Mr. Grant, No. 299, May 8, 1893; Mr. Gresham to Mr. Tripp, No. 29, September 4, 1893; Mr. Tripp to Mr. Olney, No. 151, July 26, 1895; Mr. Tripp to Mr. Olney, No. 183, March 25, 1896. Mr. Tripp's note to Count Goluchowski, of May 23, 1895 (Foreign Relations, 1895, p. 14), fully and clearly sets forth the position of this Government in the matter. The acquiescence of the Austro-Hungarian Government in our contentions at the time and the orders given to the local military authorities to respect American passports were believed to have removed all cause of complaint in this regard, and the Department is confident that the present recurrence of the question is not due to any change of the policy on the part of the Austro-Hungarian Government, but is merely due to oversight or misinformation on the part of the local officers, which the Imperial Royal Government will promptly take measures to correct. I am, etc., ALVEY A. ADEE, Mr. Harris to Mr. Hay. No. 46.] UNITED STATES LEGATION, SIR: I have the honor to acknowledge the receipt of your dispatch, No. 40, under date of September 11, 1899. I note that in connection with the dispatches inclosed therein of the United States consul at Prague, Mr. Hugo Donzelmann, he names two cases wherein officers 1 1 Not printed. |