Mr. Pioda to Mr. Hay.

[Translation.]

Mr. Secretary of State: One Emile Stolz, who has been residing since the year 1887 in the village of Epagny, Fribourg Canton, Switzerland, and now works there as a fireman in the condensed-milk factory, addressed to my Government, under date of March 15, a representation against the Fribourg government, which threatens to expel him, notwithstanding his claim that he is an American citizen, holder of a regular American passport, which, however, was canceled by the minister of the United States at Berne, instead of being renewed by him. The Federal Council has called upon the government of Fribourg for information in the case. The said government reports that Stolz arrived at Epagny in 1887 and deposited a regular passport issued by the United States legation at Berne, and good for two years. On the 3d of March, 1889, he married at Gruyere Helene [Page 510] Grenion, of that place. License for the marriage was granted by the chief of police of the Fribourg Canton under the circular of the Federal Council of July 19, 1887, upon production of the American passport, about whose validity there was no room for doubt. Eight children, one of whom, the girl, Albertine Felicie, died on November 20, 1892, were born of this marriage. Stolz again secured a renewal of his passport by the legation in 1889, and for the last time on November 9, 1891, but in 1893, when he personally called at the legation for a third renewal, the last passport was there purely and simply canceled, and Stolz was told that under the laws of the country he must again take up his domicile in America if he meant to remain a citizen of the United States. Now, it was impossible for him to comply with that requirement.

In 1897 the Fribourg authorities renewed steps, either at the consulate of the United States at Geneva or the legation at Berne, but in vain, as shown by the letters annexed to the record, which I have the honor to inclose herewith.

Stolz was then called upon to regularize his status and took steps toward acquiring Swiss citizenship. On the 27th of June, 1898, he received from the high Federal Council the requisite authority for that purpose, but failed to find within the statutory term any commune that would accept him as a burgher, not, as he alleges in his petition, on religious grounds, but solely because of his scanty means and the burden of his large family. About the beginning of the year 1900 Mr. Stolz was granted by the chief of police of Fribourg a last term of one year in which to set himself right, either by producing valid papers or by furnishing adequate bail as a guaranty of the consequences of his illegal residence in the Fribourg Canton. The term has expired, and Stolz’s status remains unchanged. He is unable to meet the required conditions.

Under the circumstances, the chief of police of Fribourg, through the Gruyere prefecture, notified Stolz for the last time, on March 8 ultimo, that he must straighten his situation as soon as possible or be expelled from the Canton.

Now the chief of police of Fribourg puts the question, Can the legation of the United States of America thus cancel a passport regularly issued to one of its citizens? If such proceedings were permissible, the chief of police of Fribourg would feel himself constrained in the future to deny any American citizen who might come to settle in the Canton the right to sojourn therein.

By way of information the chief of police of Fribourg adds that Emile Stolz must have originally been of German extraction. He declares he was born in Alsace; never having performed military service in Germany, he never had identification papers from that country. He has lived at Basel, and, for several years, in America. A brother of his, married and father of a family, lives at La Tour de Trême, where he owns a bakery. The latter holds a regular certificate of origin, issued by the prefecture of Lorrach, in Baden, on September 23, 1899, and good for five years.

I am instructed by my Government and now have the honor to transmit herewith the canceled passport of Stolz and to inquire of your excellency whether the legation of the United States at Berne may not be authorized to issue a new passport to the applicant?

Be pleased, etc.,

J. B. Pioda.