Mr. Tripp to Mr.
Olney.
United
States Legation,
Vienna, December 18,
1896. (Received Jan. 4, 1897.)
No. 220.]
Sir: I have the honor to herewith submit for
your consideration copies of the correspondence between this legation
and the Imperial and Royal ministry for foreign affairs of
Austria-Hungary in reference to the case of Franz Holasek, a native of
Bohemia, who, having served four years in the Austrian army, and while
his name yet remained upon the retired list, emigrated to America, and
became a naturalized citizen of the United States, and who, upon his
return to his native country, was arrested upon the charge of
desertion.
The case was submitted to the Imperial and Royal ministry for foreign
affairs by this legation as coming within the rule established in the
case of Ladislao Sedivy, reported to you in my dispatch No. 208,1 of date October 1 last; and
in accordance with the precedent established in that case Mr. Holasek
has been discharged from arrest and his name stricken from the rolls of
the Austrian army.
I am further pleased to inform you that the other cases of arrest made
about the same time with that of Sedivy and Holasek, based upon the
theory that a soldier of the Austro-Hungarian army, who has performed
the three years of active service required, but whose name still remains
upon the retired list, and who remains liable to be called at any time
into active service, and who, during such existing liability, emigrates
to and becomes a citizen of the United States, is liable to arrest and
punishment as a deserter upon his return to his native country, have
been all of them discharged without further application to or
correspondence with the foreign office of Austria Hungary; so that the
rule laid down in the case of Sedivy may be regarded as the admitted
interpretation of the treaty of 1870 as to the question therein
involved, and which must govern all future cases coming within its
terms.
I have, etc.,
[Inclosure 1 in No.
220.]
Mr. Judd to Mr.
Townsend.
United States Consulate-General,
Vienna, September 22, 1896.
Sir: I have the honor to report that Franz
Holasek, a naturalized American, is under arrest at Brunn, and
charged with desertion from the Imperial and Royal army.
He is a native of Bohemia, 34 years old, married, emigrated in 1888,
naturalized in 1893, returned May, 1896, carrying passport No. 8477,
issued by the Department of State March 24, 1896. According to the
facts brought out by rigid examination of his brother-in-law, he
served four years in the army and received no call for any
Waffenübung, while emigrating or thereafter.
To-day I am in receipt of a telegram stating that in spite of my
request M. C. 5555, sent to the Bezirkshauptmann at Brunn under date
of September 18, Franz Holasek remains in arrest, and I now hand the
case over to you to take further and more effective steps.
[Page 17]
At the same time I beg to refer you to the case of Charles Glasel,
arrested April 30 and released May 27, which was exactly the same
case as the above.
I inclose herewith the certificate of naturalization and the passport
of Franz Holasek.
I am, etc.,
Max Judd, Consul-General.
[Inclosure 2 in No.
220.]
Mr. Tripp to
Count Goluchowsky.
United States Legation,
Vienna, September 22,
1896.
Your Excellency: Complaint has been made to
this legation that Franz Holasek, a naturalized citizen of the
United States, is now under arrest at Brunn, charged with desertion
from the Austro-Hungarian army. The facts, as represented, are as
follows: Franz Holasek was born in Bohemia in 1862; he served four
years in the Austrian army, and, after being discharged therefrom,
he emigrated to the United States in 1888; resided there for eight
years, from 1888 to 1896; was naturalized before the district court
of Ohio on the 20th of October, 1893, as shown by his certificate of
naturalization, a copy of which is herewith inclosed for your
excellency’s consideration. On the 24th of March, 1896, a passport
was issued to him by the Department of State, numbered 8477, a copy
of which is also submitted. Mr. Holasek returned to his native
country, Bohemia, in May, 1896, and is at present under arrest at
Brunn as a deserter.
As Mr. Holasek emigrated to the United States after having served in
the Austrian army, while he was on the retired list and before he
received a call for further service, your excellency will agree with
me that under no circumstances can Mr. Holasek, a naturalized
citizen of the United States, be held for military duty under the
treaty existing between Austria-Hungary and the United States. In
this connection I beg to call your excellency’s attention to the
similar case of Ladislao Sedivy, and the esteemed note of the
Imperial and Royal ministry of foreign affairs of September 16,
1896, relating thereto, in which it is explicitly stated that “as
Mr. Sedivy emigrated to the United States before he had received any
summons to report for duty, was subsequently naturalized as a
citizen of the United States, he is, therefore, according to Article
II of the treaty of 1870 with the United States, not liable to
military duty.”
In view of these facts I trust that your excellency will see that the
necessary orders are immediately issued for the release of Mr.
Holasek and for the cancellation of his enrollment in the army of
Austria-Hungary.
Thanking your excellency for the prompt and efficient action which
has always characterized the conduct of the ministry of foreign
affairs of Austria-Hungary in the matter of complaints made by
citizens of my country, permit me to take this occasion to renew,
etc.,
[Page 18]
[Inclosure 3 in No.
220.—Translation.]
Count Sceszen
to Mr. Tripp.
Vienna, November 4,
1896.
In preliminary reply to the esteemed note of September 22 last,
numbered 150, the contents of which have been communicated to the
Imperial and Royal ministry for public defense, the Imperial and
Royal ministry of foreign affairs now has the honor of informing the
honorable envoy of the United States, Mr. Bartlett Tripp, that Franz
Holasek (Kolasek), a naturalized citizen of the United States,
arrested for desertion, was set at liberty as early as October 6
last, that the investigations begun in this case are not yet brought
to a close, and that a full report will be made to the honorable
envoy as soon as a result has been obtained.
The undersigned avails, etc.,
Sceszen,
For the Minister.
[Inclosure 4 in No.
220.—Translation.]
Count Welsersheimb to Mr. Tripp.
Vienna, December 17,
1896.
Supplementary to the note of November 4 last, the Imperial and Royal
ministry of foreign affairs has the honor of informing the honorable
envoy of the United States, Mr. Bartlett Tripp, that the Imperial
and Royal ministry of public defense gives information that Franz
Holasek (Kolasek), a naturalized citizen of the United States, of
whose setting at liberty the honorable envoy had been notified by
the above-mentioned note, has now been definitely discharged, the
charge of desertion brought against him having been entirely
withdrawn.
The undersigned avails, etc.
Welsersheimb,
For the Minister.
