Memorandum.
Washington, May 27, 1901.
Relative to the matter of the contradiction between certain cases cited in the memorandum of the German embassy of April 16, last, as determined by the Department of State, the Attorney-General, and the Supreme Court of the United States, and one determined by the Treasury Department, announced on February 28, 1899, in Treasury, decision No. 20747, upon the question of the nationality of a child born in the United States and taken out of the country by his parents, the Department of State finds upon investigation that the Treasury decision was overruled by the district court of the United States for the southern district of New York, which held that the two American-born children of Acberto Anselmo and his wife, Giovanna, Italians, were not aliens but citizens of the United States, and as such entitled to admission into the United States. (Vide 93, Federal Reporter, 659.)
This decision of the district court is admitted, in a letter from the Secretary of the Treasury of the 20th instant, to be binding and conclusive upon that Department and is now followed by it.