Mr. Hay to Mr. Herdliska.
Washington, July 9, 1901.
Sir: I have to acknowledge the receipt of dispatch No. 188, of April 26, 1901, reporting the expulsion case of John Richter, a nat uralized American citizen of Austrian birth.
Mr. Harris states that the Austro-Hungarian authorities claim that under the naturalization treaty between the two countries there is no fixed time during which a naturalized American of Austrian origin may sojourn in that country, and that they may “expel him at pleasure.” Mr. Harris dissents from this view, but refers the matter to the Department.
The treaty contemplates that persons of Austrian origin naturalized in the United States may resort to their native country. It does not, however, fix the period of their sojourn there.
Whether such persons may be expelled from Austria, and when, would seem to depend upon the particular circumstances of each case. [Page 11] Undoubtedly the Austro-Hungarian Government has the right to expel from its territory persons injurious to peace and good order, but it is the reasonable contention of the United States Government that the pernicious character of the returning person should be affirmatively shown in justification of the extreme resort to expulsion, and that the right so claimed should not rest on a vague and general theory of inconvenient example which might be stretched to cover the cases of all Austro-Hungarians naturalized here and returning to their original jurisdiction. The treaty undoubtedly gives the right of inoffensive return, and that stipulation is not to be impaired by any construction which would virtually annul the treaty in an important particular. The Austrian law provides for the expulsion of aliens whose presence is inadmissible for reasons of public order and safety. The reason given by the Austrian foreign office for considering Richter’s stay there undesirable is that “the ostentatious manner in which he evaded his legal duty to do military service is causing public scandal, and may very easily give others an impetus to similar demoralizing acts.”
As Richter was only 14 years of age when his mother took him to the United States, and would not have been subject to military service until he reached the age of 19, it might be questioned whether he left for the purpose of evading military duty. However, as Mr. Harris states that Richter was informed by the Austrian authorities that he might return to the place from which he was expelled and has made no further complaint, it would not seem desirable to take up this case with the Austrian Government.
I am, etc.,