No. 287.
Mr. White
to Mr. Evarts.
Berlin, October 18, 1880. (Received November 3.)
Sir: I have the honor to inform you that since the reply and decision in the case of John Schehr, which was reported to you in my dispatch No. 146, unfavorable answers from the German Government have been received in several other cases of American citizens of Alsace-Lorraine origin, in accordance with the decision in Mr. Schehr’s case, which will become at least for the present a precedent for all cases from that province.
The unfavorable cases I would now mention are those of Joseph Lauber, Alois Fischer, and Nicholas V. Gabriel.
Joseph Lauber was born at Kaisersberg, Alsace-Lorraine, November 8, 1853; emigrated to America in November, 1872; was naturalized September 16, 1878, and in October, 1879, returned to Alsace-Lorraine. During his absence the local authorities of his native place sentenced him to a line of 1,000 marks and six months’ imprisonment for neglect of military duty, and soon after his return demanded payment of the fine, and ordered him to leave the country in six weeks.
On the 14th November Lauber appealed to the legation for assistance. I addressed the foreign office in his behalf on the 21st November, and a week later received a reply that the case was under investigation. The following month Lauber wrote the legation to know what he should do about leaving, and in reply was advised to remain where he was until his case was decided. No further answer was received from the foreign office until the 10th October, 1880, when the legation was informed that [Page 458] inasmuch as Lauber still owed allegiance to Alsace-Lorraine his fine could not be remitted, but that he had not been ordered to leave the country.
It remains to be seen whether Lauber’s absence in America of eight years will be taken into account towards freeing him from his German allegiance, in case he leaves at once; or whether the ten years absence insisted on by the German Government must be an uninterrupted one like the five years specified in the treaty of 1868, in which case Lauber would at any minute be liable to be put into the German army.
Alois Fischer was born at Aschbach, Alsace, July 23, 1854; emigrated to the United States in August, 1872, at the age of 18; was naturalized there September 16, 1878, and still resides there. After his departure a fine of 600 marks for alleged neglect of military duty was imposed upon him, and his inheritance was attached to secure the same. Mr. Fischer’s brother, who resides in Germany, brought the case to the notice of the legation on the 9th September, 1879, but for want of substantiating evidence the legation was unable to intervene till the 12th February, 1880. A reply was duly received that the case was being investigated, but it was not till the 7th October, 1880, that the foreign office finally informed the legation that Fischer had not yet lost his German citizenship, and that the fine could not be taken off.
If Fischer remains in America till 1882 this decision will probably make no difference to him, as the attachment will, as in other cases, have then expired by limitation.
Nicholas V. Gabriel was born in Petit Tauquin, Alsace-Lorraine, on the 4th April, 1853; emigrated to the United States September 10, 1872, from Havre; was naturalized on the 8th June, 1880, and still resides in the United States. After his departure a fine of 933.17 marks was imposed on him for neglect of military duty, and some property belonging to him attached as security, although he left Alsace before the time at which he would have been liable to military duty according to the treaty between France and Germany.
The case was brought to the notice of the legation in September, 1879, but it could not intervene till July, 1880, owing to the delay occasioned by sending to America for Gabriel’s citizen paper, the first one sent by him being only his declaration of intention. It thus appeared that he was not naturalized until the legation informed him that his citizen paper was necessary to substantiate his case at the German foreign office.
No answer was received from the foreign office until October, 1880, when the legation was informed that Gabriel was still considered a citizen of Alsace-Lorraine, and that accordingly his fine could not be taken off.
I have, &c.,