Mr. McCormick to Mr. Hay.

No. 81.]

Sir: With reference to the Department’s No. 25 of January 23, 1902, inclosing a letter from which it appears that a man named Kristof, an American citizen, is being compelled to perform military service in the army of Austria-Hungary, I have the honor to report that I transmitted the information contained in your inclosure to his excellency the minister for foreign affairs, stating that the name of the citizen in question was Kristof, but, as shown in the naturalization certificate, was misspelled Kistof. In reply I have received a note from the ministry for foreign affairs, translation of which I herewith inclose, setting forth that the Imperial and Royal ministry of war has now given its opinion [in the Kistof case] and states that in consideration of the fact that the accompanying certificate of naturalization bears the name of Joseph Kistof and that there is nothing to show that the person named in this document is identical with Joseph Kristof now serving as a private in the regiment of infantry No. 67, etc., the discharge of the latter from military service can not take place until proof has been produced that Joseph Kristof is the identical Joseph Kistof who was naturalized, according to the accompanying certificate, as a citizen of the United States in the year 1896.

* * * * * * *

I will endeavor to secure favorable action without furnishing the required proof, but technically the Imperial and Royal ministry of war may claim that it is acting within its rightful prerogative in demanding the proof above referred to.

In order to save time, I have written to Mr. Klein, who addressed the Department in Kristof’s behalf, to furnish such proof as he can as to the alleged error in the spelling of the name, which has given rise to the difficulty in obtaining Kristof’s release.

I have, etc.,

Robert S. McCormick.
[Inclosure.]

Count Lützow to Mr. McCormick.

The Imperial and Royal ministry for foreign affairs has not failed to inform the imperial and royal ministry of war of the contents of the note of January 20 last, No. 45, touching the enrollment of the naturalized United States citizen, Joseph Kristof, into the ranks of the Austrian army, with a view of making the necessary investigations and to make such further dispositions as the result may warrant.

The Imperial and Royal ministry of war has now given its opinion and states that in consideration of the fact that the accompanying naturalization certificate bears the name of Joseph Kistof and that there is nothing to show that the person named in this document is identical with Joseph Kristof, now serving as a private in the regiment of infantry No. 67, the discharge of the latter from military service can not take place until authentic proof has been produced that Joseph Kristof is the identical Joseph Kistof who was naturalized according to the accompanying certificate as United States citizen in the year 1896.

While the undersigned has the honor of leaving it to the judgment of the honorable envoy extraordinary and minister plenipotentiary of the United States of America to take such steps as may be deemed proper by him to lead to the removal of any doubts in this matter, he avails himself, etc.


For the minister:
Count Lützow.