Mr. Hay to Mr. Herdliska.

No. 213.]

Sir: I have to inform you that Mr. Tower’s dispatch, No. 116, of the 25th of January last, relative to the case of Mr. Aaron Kenig, who was arrested in Galicia upon a charge of aiding an Austrian subject to evade his military duty, has been received.

The Department approves of Mr. Tower’s announced purpose to press for an immediate disposal of the case, and for the return in whole or in part of the money belonging to Mr. Kenig and now in the hands of the court at Zloczow.

In this connection the Department deems it proper to say that if [Page 23] the action of the Austrian court in retaining the funds taken from Mr. Kenig with the object of defraying from them the cost of the proceedings against him in the event of his conviction is in accordance with Austrian law, as is alleged, the Department would not be disposed to contest the claim. Under our system of law the money would probably not be taken from one accused of such an offense upon his arrest, but it does not follow that such practice founded upon the law of a country is not proper and valid.

The Department will await the decision of the Austrian court in regard to the case.

I am, etc.,

John Hay.