Mr. Hay to Mr.
Thomas.
Department of State,
Washington, August 20,
1901.
No. 118.]
Sir: I inclose copies of two letters from Mr.
Ole J. Vaule, of Crookston, Minn., who has asked the Department to
obtain redress from [Page 488] the
Government of Norway for Johannes P. Hoiland, a naturalized American
citizen, for alleged unlawful arrest and imprisonment.
The facts, as stated, appear to be as follows:
Hoiland was born in Norway, December 23, 1861, and emigrated to the
United States in April, 1883, when he was 21 years and 4 months old. He
was naturalized in the United States in March, 1896. In December, 1897,
he returned to Norway for a visit; in November, 1898, he was notified
that he had been fined 20 kroner for failure to be present at a military
meeting, and informed that he could not return to America until the fine
was paid. He refused to pay the fine, on the ground that he was a
citizen of the United States and did not have to do military duty in
Norway. On June 7, 1898, he was arrested for declining to drill as a
soldier and held under arrest until the next day, when he was released.
In August, 1899, it seems that proceedings in regard to the fine were
taken in the courts, by which it is said the fine was raised to 32
kroner, but on appeal by Hoiland to the supreme court the judgment of
the lower court was, on March 8, 1900, reversed on the ground that
Hoiland was a citizen of the United States and had duly notified the
authorities of his intention to emigrate. - He was permitted to leave
Norway, which he did on March 17, 1900.
It seems that Hoiland had no written emigration permit, but it is said
that under the laws of Norway a written permit was not necessary, as he
was at the time of his emigration only 21 years and 4 months old. It is
also said that at the time of his emigration Hoiland had not drawn lot
as to whether he should belong to the regular army or to the reserves,
and under the laws of Norway one may, before he has drawn such lot,
emigrate upon a mere notice to the commissioner of his district or
parish of his intention to do so. An alleged original statement from one
who was formerly such commissioner is transmitted to the Department, in
which it is stated that Hoiland notified him of his intention to
emigrate to America.
Under the naturalization treaty in force between the two countries, a
former Norwegian who has emigrated after he has attained the age when he
becomes liable to military service and returns again to his original
country, is liable to trial and punishment for an act punishable by the
laws of Norway and committed before his emigration.
The Department would be pleased to have you investigate the case and
report the facts ascertained by you.
I am, etc.,
[Inclosure 1.]
Mr. Vaule to
Mr. Hay.
Crookston, Minn., June 9, 1900.
Sir: April 30 last past I wrote you to the
effect that one Johannes Hoiland, a citizen of this country, went to
Norway for a visit in 1898 (it should have been 1897) and was by the
authorities of that country arrested, fined, and detained over there
for a couple of years for refusing to do military duty in that
country, and that he desired your office to intercede in his behalf
to obtain redress from the Government of Norway for the grievances
he has sustained, and asked you to let us know how you wanted the
case presented.
May 7, 1900, you wrote me to the effect that before you would comply
with my request, you wanted to know Holland’s age when he emigrated
to the United States, [Page 489] and
that you also wanted a copy of his naturalization papers, and also
of his military permit.
The reason I did not answer your letter before is that we have been
expecting from the authorities in Norway the original military
permit, together with his naturalization papers and other papers
that were had from Hoiland in the courts of that country. These
papers have not yet arrived, but I inclose you herewith another copy
of his naturalization papers, and for the present will state that
the permit was regular, and accepted as such by the authorities of
Norway while Hoiland was detained there as stated.
Hoiland emigrated from Norway April 14, 1883, then 21 years and 4
months of age; he became a citizen of the United States on March 25,
1896; December 11, 1897, he went back to Norway for a visit;
November 2, 1898, he was notified by an officer that he had been
fined 20 kroner for failing to be present at a military meeting, and
was by the same officer at that time notified that he could not
return to America until the fine was paid. He refused to pay the
fine on the ground that he was a citizen of the United States and
did not have to do military duty in Norway; November 29, 1898, the
same officer came and borrowed Holland’s naturalization paper and
retained same to December 17, 1898, at which time the naturalization
paper was returned and a paper served on Hoiland to the effect that
he was to stand trial in regard to that fine. The authorities did
not bring that case to trial until August 25, 1899. Meanwhile
Hoiland was, on June 7, 1899, taken to a military camp and kept
under arrest from 3 o’clock in the afternoon of June 7 until 12
o’clock noon of June 8, 1899, at which time he was ordered released
from arrest by the oberst (colonel).
In regard to that fine, it was by the lower court affirmed and
increased to 32 kroner, but on appeal the judgment was reversed by
the supreme court March 8, 1900, and Hoiland permitted to leave
Norway and did leave March 17, 1900.
When the military permit arrives I will forward it to you, as well as
any other papers you may desire in this matter. Kindly let me hear
from you at your earliest opportunity.
Yours, truly,
[Inclosure 2.]
Mr. Vaule to
Mr. Hay.
Crookston, Minn., August 12, 1901.
Sir: In regard to the claim of Johannes P.
Hoiland for having been unlawfully detained by the authorities of
Norway, and which claim has been heretofore referred to in my
letters of April 30, June 9, and June 29, 1900, I will say that I
have investigated the case in regard to his military permit referred
to in your letter of June 15, 1900, and find that he had no “written
permit;” and it appears that, under the laws of Norway, no such
written permit was necessary for him, as he was, at the time of his
emigration, only 21 years and 4 months old. He was born December 23,
1861, and emigrated from Stavanger, Norway, April 14, 1883.
Mr. Hoiland became a citizen of the United States, as shown by the
copy of his naturalization papers, forwarded to you in my letter of
June 9, 1900. Thereafter, and on December 11, 1897, he returned to
Norway for a visit. November 2, 1898, he was notified that he was
fined 20 kroner for failing to be present at a military meeting, and
was from then on prevented by the authorities from returning to
America. June 7, 1899, he was taken to Malde, a military camp near
Stavanger, Norway, arrested for not wanting to drill as a soldier,
and kept under arrest from June 7 at 3 p. m. to June 8 at 12 m., at
which time the oberst ordered his release.
The casein regard to the fine was then taken up by the courts and the
fine was raised to 32 kroner, and he was again notified that he
could not return to America until the fine was paid. Hoiland
appealed to the supreme court of the Kingdom of Norway, where the
judgment of the lower court was reversed on the ground that he was a
citizen of the United States and that he had duly notified the
authorities of his intention to emigrate, and he was permitted to
embark March 8, 1900.
At the time of his emigration Hoiland had not drawn lot as to whether
he should belong to the regular army or to the reserves, and under
the laws of Norway one may before he has drawn such lot emigrate
upon a mere notice to the commissioner of his district or parish of
his intention to do so. I inclose herewith an original statement
from Soren Westlye, dated June 22, 1901, who was such commissioner
at the time of Holland’s emigration in 1863, and a translation
attached to same. It [Page 490] may
also be mentioned that this statement is in substance the same as
the statement presented by Hoiland to the courts of Norway and on
which he was acquitted.
If there is anything else I can do in this connection kindly let me
know.
Yours, truly,
[Subinclosure.—Translation.]
I hereby certify that Johannes Peterson Hoiland notified me of his
intention to emigrate to America (without being able to state the
year) and that he thereafter emigrated.
Soren Westlye,
Formerly District Commissioner.
Westlye, June 22,
1901.