Mr. Tripp to Mr. Gresham.
Vienna, October 29, 1893. (Received November 15.)
Sir: I have the honor to acknowledge the receipt of your dispatch No. 39, of date October 13 last, in reference to Edgar W. Mix, and I herewith submit for your consideration the subsequent correspondence between this legation and Mr. Mix in reference to his claim against the Government of Austria-Hungary for damages occasioned by his arrest.
You are of course cognizant of the fact that the municipal and governmental regulations in force in the fortified cities of Europe are very, and perhaps under the conditions obtaining here, necessarily strict, and on Mr. Mix’s own showing, in my judgment, he fails to make a case favorable to his right of action against the Government, but, as I am informed from other sources, Mr. Mix, to put the matter mildly, was very imprudent, and he would have little show of recovery in a private action for damages against the local officers. Therefore, not regarding this a case in which the claimant had a cause of action upon the showing made by himself, I have not deemed it necessary to set out for your consideration the facts as claimed by the municipal officers of Przemysl further than such claim appears in the note of the ministry of foreign affairs in the correspondence already submitted.
I have, etc.,