Count de
Crenneville to Mr. Wharton.
Austro-Hungarian Legation,
Washington, August 10, 1889.
(Received August 12.)
Sir: I have the honor to transmit to you a
letter addressed to the Austro-Hungarian consul in Milwaukee, by Mr.
Bradley G. Schley, relative to the Emerich Hasziel, who, on arriving
with his family in New York, was re-embarked on the steam-ship Trave for Bremen by the collector of the
port.
The two affidavits here inclosed show that Emerich Hasziel is not at all
a contract laborer, and that George Hasziel, his brother, who resides in
Milwaukee since a year and who is still an Austrian subject and a poor
man, has paid the amount of $124.50 for the tickets. This sum should be,
under the circumstances, repaid to him. I have therefore the honor to
call your attention, sir, to this matter, and begging you to inform me
of the decision which your Government will take, I renew, etc.,
[Page 43]
[Inclosure 1.]
Mr. Schley to
Mr. Von Baumbach.
Milwaukee, August 2,
1889.
Dear Sir: I hand you herewith passports of
George Hasziel, now a resident of this city, but still an Austrian
subject, also original and supplemental affidavits of said George
Hasziel and Emerich Kusick. Emerich Hasziel and family, on arrival
at the port of New York, were detained as contract-laborers and
were, on July 24, 1889, per order of the collector of the port of
New York, and against the protest of the Lloyd Line, returned to
Europe on the same steamer that brought them over, viz, steamer Trave, and will arrive to-day or to-morrow at
Bremen. On their arrival at Castle Garden, Emerich Hasziel
telegraphed his brother in this city that he was detained. We
immediately telegraphed that we would furnish affidavits showing
that the detained parties were not contract-laborers, and we
immediately forwarded affidavits, but they did not arrive in time
and the parties were sent back. The facts set forth in the inclosed
affidavits seem to me to bring the case clearly within the proviso
of the fifth section, chapter 164, Laws of Congress, for the year
1885, which is as follows:
“Provided, That nothing in this act shall be
construed as prohibiting any individual from assisting any member of
his family or any relative or personal friend to migrate from any
foreign country to the United States for the purpose of settling
here.”
George Hasziel is a poor man. The $124.50 that he paid for the
tickets is the result of his own hard work. If, and it seems to me
clear that the collector of the port did exercise authority without
warrant of law in sending these people back, then the Government
should either make good the money expended by Hasziel or revoke its
order and bring his relatives back to this country free of charge to
him.
If there are any other facts and circumstances which you desire I
will endeavor to furnish them.
Trusting you will use your best efforts towards obtaining a speedy
revocation of the order of the collector, and to secure indemnity
for this man,
I have, etc.,
[Inclosure 2.]
Affidavit of Emerich Kusick.
State of
Wisconsin,
Milwaukee County,
ss:
Emerich Kusick, being duly sworn, deposes and says that he lives at
the city of Milwaukee, No. 424 Poplar street; that he is a tinner by
trade and peddles his own wares, and is in partnership with one
George Hasziel; that said George Hasziel is a brother of Emerich
Hasziel, who is now detained at Castle Garden in the city of New
York, on the claim that said Emerich Hasziel is a contract laborer;
that in March last said George Hasziel desiring to purchase tickets
and bring his brother said Emerich Hasziel to this country, and not
having sufficient money so to do, deponent advanced him $60 to
purchase tickets to bring said Emerich Hasziel and certain relatives
to this country. That said Emerich Hasziel is not a contract
laborer; that deponent engages no laborers, and simply advanced the
money aforesaid to his partner! as an ordinary loan; that there is
no contract between deponent and said Emerich Hasziel to repay said
money, but said Kusick looks exclusively to said George Hasziel for
the same; that said Emerich Hasziel, as deponent is informed and
believes, contemplates making tin-ware and peddling the same as this
deponent does.
Emerich (his x mark) Kusick.
Subscribed and sworn to before me this 22d day of July, 1889.
Bradley G. Schley,
Notary Public,
Wisconsin.
[Page 44]
[Inclosure 3.]
Affidavit of George Hasziel.
State of
Wisconsin,
Milwaukee County,
ss:
George Hasziel, being duly sworn, says that be lives with said
Emerich Kusick, who makes the annexed affidavit, at the same house;
that be is a brother of said Emerich Hasziel, mentioned in annexed
affidavit detained at Castle Garden; that in March last, desiring to
bring his brother and certain relatives to this country and not
having sufficient ready money so to do, he borrowed from Emerich
Kusick $60 to make up the amount necessary “to purchase tickets to
bring his brother and said relatives across; that he went to the
office of E. Silverman and purchased tickets in the name of said
Emerich Kusick, the reason for doing so that said Kusick was to
forward the tickets, and did cause them to be forwarded to his (said
Kusick’s) wife, who resides at Rovne, Austria-Hungary; that said
Emerich Hasziel is in no sense a contract laborer, but comes as any
other immigrant to take up a home and make a living; that said
Emerich Hasziel contemplates making tin-ware and peddling the same
as this deponent does.
Subscribed and sworn before me this 22d day of July, 1889.
Bradley G. Schley,
Notary Public,
Wisconsin.
[Inclosure 4.]
Affidavit of George Hasziel.
State of
Wisconsin,
Milwaukee County,
ss:
George Hasziel, being duly sworn, deposes and says that he makes this
affidavit in addition to the affidavit made by him the 22d day of
July, 1889; that he bought said tickets April 6, 1889; that the |60
which he borrowed from his partner, Emerich Kusick, has been repaid
by him; that the tickets cost $124.50; that said tickets were sent
to said Emerich Hasziel in care of Mrs. Kusick, wife of said Emerich
Kusick; that deponent is an Austrian subject, never having taken out
any papers of naturalization in this country.
Deponent further states that he made no contract whatsoever with his
brother for the repayment of the money which he sent over to him;
that he expected his brother and family to come here and settle
here; that Emerich Kusick and this deponent are both practical
tinners—make tin-ware and peddle the same; that deponent’s brother,
Emerich Hasziel, is also a practical tinner, and deponent expected
that he would enter into the same line of business, making his own
tin-ware and peddling, as said Kusick and deponent did.
Subscribed and sworn to before me this 2d day of August,
1889.
Bradley G. Schley,
Notary Public,
Wisconisn.
[Inclosure 5.]
Affidavit of Emerich Kusick.
State of
Wisconsin,
Milwaukee County,
ss:
Emerich Kusick, being duly sworn, deposes and says that he makes this
affidavit in addition to the affidavit made by him the 22d day of
July, 1889; that he is an Austrian subject; that he employs no
laborers, but he does his own work, making his own tinware, and
peddling it himself; that said money advanced by him to said George
Hasziel has been repaid by said George Hasziel to deponent; that
said Emerich Hasziel and family were coming here to take up a
settlement; and that to the best information and knowledge of
deponent there was no contract or agreement whereby said Emerich
Hasziel was to work out the money sent to him by his brother George.
Deponent is a tinner by trade.
Emerich (his x mark) Kusick.
Subscribed and sworn to before me this 2d day of August,
1889.
Bradley G. Schley,
Notary Public,
Wisconsin.
