Mr. Tripp to Mr.
Olney.
United
States Legation,
Vienna, March 25, 1896.
(Received April 10.)
No. 183.]
Sir: I have the honor to submit herewith copies
of correspondence in case of Bernhard Winter, a naturalized citizen of
the United States, who, upon his return to his native country, was
arrested and required to serve in the army of Austria-Hungary.
Mr. Winter, as will be seen from the correspondence, failed to disclose
to the military authorities upon his arrest that he was an American
citizen, not knowing, as he informed the legation, that he was thereby
exempt from military duty.
I am glad to have the pleasure of reporting that the cases of arrest for
failure to perform military duty on the part of naturalized citizens of
the United States returning to Austria-Hungary are now quite infrequent.
The local military authorities of the different provinces now under
instructions from the foreign office give to American passports the
credit to which they are entitled, and unless some peculiar facts exist
in the given case, the citizen, if arrested, is immediately released
upon presentation of his papers without recourse to a consul or the
legation itself.
I have, etc.,
[Inclosure 1 in No.
183.]
Mr. Tripp to
Count Goluchowsky.
United States Legation,
Vienna, January 25,
1896.
Your Excellency: Bernhard Winter, a
naturalized citizen of the United States, makes complaint to this
legation and for grounds of such complaint says:
He was born at Jablonitz, Hungary, on the 6th day of September, 1872,
and at the age of 17 years he emigrated to America, where he arrived
on the 10th of February, 1890; that he resided at New York
continuously from the 10th day of February, 1890, until the 15th day
of April, 1895; that on the 12th day of March, 1895, he was
naturalized a citizen of the United States before the district court
of the United States in and for the southern district of New York,
and a certificate of such naturalization was duly issued to him on
that day, which certificate is now in the possession of this
legation, a copy of which is herewith submitted; that on the 15th
day of April, 1895, he left the United States for a visit to his
mother, who is old and feeble, and who still lives in Jablonitz:
that it was his intention to return again to his [Page 5] home in the United States as soon as his
visit to his mother was completed; that he arrived in Jablonitz on
or about April 26, 1895, and shortly thereafter received notice to
report himself before the military authorities in Pressburg on the
25th day of May, 1895, and that upon reporting he was immediately
enrolled and required to serve as an Austrian soldier in the
infantry regiment “Edler v. David, No. 72, Ninth Company,” first at
Pressburg and later at Tyrnan; that, ignorant of his rights, he
failed to make known to the proper officers at the time of his
enlistment that he was a citizen of the United States; that he is
still detained as a soldier in the army against his will.
If the facts be found as stated in this complaint, may I ask that
your excellency will provide that immediate steps be taken to
release Mr. Winter from military service and to procure the
cancellation of his name upon the rolls of the army of
Austria-Hungary, and permit me at the same time to take this
occasion to renew, etc.
[Inclosure 2 in No.
183.]
Count Welsersheimb to Mr. Tripp.
In reply to the esteemed note of January 25 last, No. 120, concerning
the enrollment of Bernhard Winter, a naturalized citizen of the
United States, into the ranks of the Imperial and Royal Army, the
ministry of foreign affairs has the honor of informing the honorable
envoy of the United States that a communication was addressed at the
time to the royal Hungarian ministry of public defense conveying to
the same the contents of the above-mentioned esteemed letter, and
that the royal Hungarian ministry, after full investigation of the
case and after having ascertained that Bernhard Winter was duly
naturalized in the United States, has issued orders under date of
March 5 last, in order that the above-named individual be
immediately discharged from the army and that his name be struck
from the rolls.
The undersigned avails, etc.,
Welsersheimb,
For the Minister.
