Mr. McCormick to Mr. Hay.

No. 63.]

Sir: For the information of the Department and in order that there may be on its files a complete record of the cases of naturalized American citizens of Austro-Hungarian origin who have become involved [Page 64] with the military authorities on return to their native land, to visit or otherwise, I have the honor to make the following brief summary of each case, which summary can be amplified at any time in the future should occasion demand.

Joseph Knopp, a naturalized American citizen of Austro-Hungarian origin, emigrated to the United States in March, 1892, while a member of the Austro-Hungarian army reserve, but subsequent to the performance of his full military service. He became naturalized at San Antonio, Tex., in November, 1897, and is now a sergeant in Company A, Eighteenth Regiment of the United States Army. He left the United States in March, 1901, on a six-months’ furlough, returning to visit his parents at Stisburg, and was arrested one month after his arrival and imprisoned on the charge of evasion of military service by the local authorities, despite of the fact that he was the bearer of documents proving his American citizenship. Through the intervention of this legation Knopp was finally released and the case satisfactorily settled.

Jacob Friedberg, a naturalized American citizen of Austro-Hungarian origin, emigrated to the United States in 1888, at 12 years of age, before being summoned for military service. He was naturalized in New York City, on May 15, 1899; returned to his former home on a visit in May, 1901, and on the 22d day of that month was arrested by the local authorities for the nonperformance of military service, notwithstanding that he was the bearer of documents proving his American citizenship. Upon Friedberg’s appeal to this legation, and through its intervention, he was released and immediately quitted the country without further reporting to the legation.

Harry Schmierie, a naturalized American citizen of Austro-Hungarian origin, emigrated to the United States in 1886, at 12 years of age, before being summoned for military service. He was naturalized at Denver, Colo., on October 16, 1896, and returned to his former home in May, 1901. The circumstances in Schmierie’s case are nearly identical with those in the Friedberg case, given above, so that for the sake of brevity I refrain from giving them.

Michael Tenzer, a naturalized American citizen of Austro-Hungarian origin, emigrated to the United States in 1885, at 16 years of age, before reaching the age of conscription. He was naturalized in New York City in 1890; returned to his former home on a visit to his parents on May 3, 1901; was arrested shortly after his arrival by the local authorities, who immediately released him upon his establishing his American citizenship, but banished him from the district within twenty-four hours thereafter. Tenzer at once came to Vienna and appealed to this legation, through whose intervention the order of banishment against him was set aside.

Frank Howrka, a naturalized American citizen of Austro-Hungarian origin, emigrated to the United States in 1882 and became an American citizen through the naturalization of his father in 1887, being at that time under age and then residing in the United States. He returned with his father to his former home in 1893 to look after property in this country, and on April 27, 1901, was enrolled as a recruit in the Austro-Hungarian army, but was finally released through the intervention of this legation.

I have no means of knowing, without making direct inquiry, which [Page 65] I could do at any time, whether order of banishment was issued in any case in which the fact is not stated in this summary. In many cases those who appeal to this legation leave the Monarchy while their cases are in process of adjustment, and without again communicating with us, so that we have no means of finding out whether an order of banishment has been transmitted to the local authorities without making specific inquiry at the foreign office. It has not been the custom to make such inquiry, as the object of this legation’s intervention has been considered to be attained in most cases on the simple erasure of the names of those who appealed to it from the military rolls.

I have, etc.,

Robert S. McCormick.