Mr. Day to Mr. Tower.

No. 105.]

Sir: Awaiting your report in reply to the Department’s instruction No. 75, of the 19th of February last, relative to the case of Ignatz Gutman, an American citizen, who was lately impressed into the Hungarian army, I inclose for your information a copy of a further letter from Messrs. McKinley & Gottlieb, in which they state that their client is now imprisoned in Vienna.

You will observe that it is alleged that Mr. Gutman is now worse off than he was before the intervention of the legation in his behalf.

Respectfully, yours,

William R. Day.
[Inclosure in No. 105.]

Messrs. McKinley & Gottlieb to Mr. Day.

Honorable Sir: Last February we received a letter from your office wherein you acknowledged the receipt of the papers in the matter of Ignatz Gutman, an American citizen doing military duty in Hungary.

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We were also informed by same letter that the papers have been sent to our minister in Vienna in order to obtain his release.

Since that time we have not heard anything from your office, but have received a letter from Ignatz Gutman that he is worse off now than he was before we took any steps in the matter.

That the steps taken by us having come to the knowledge of the Austrian Government, the soldier in question has been removed from the town of his nativity in Hungary and taken to Vienna and there kept under surveillance as a quasi prisoner.

We are also informed that our minister resident at Vienna, to whom this soldier’s matter was referred, has informed this soldier that he is remediless and must serve out the full term of his military obligations to the Government of Austria. This is not the law.

Our treaty with Austria exempts American citizens from military service. His right to that exemption would be found in our former correspondence with your Department.

We kindly ask you to give this matter your earliest attention.

Yours, most respectfully,

McKinley & Gottlieb.