Mr. McCormick to Mr. Hay.

No. 84.]

Sir: I have the honor to lay before the Department of State and ask its instructions in the case of one Armin Freiman, the facts in which are as follows:

Freiman was born at Kis Szeben, Sáros County, Hungary, on or about the 23d day of March, 1877, emigrated to the United States on board the Maasdam sailing from Rotterdam on or about the 28th June, 1893, and resided uninterruptedly at Pittsburg, in the state of Pennsylvania, from that time until the year 1900, and was naturalized as a citizen of the United States before the district court of the United States of America in and for the western district of Pennsylvania, as shown by his certificate of naturalization issued to him by that court on the 23d day of March, 1900. On the 28th July following he left the United States, having remained long enough to become naturalized and so escape the military service required by the laws of the country of his birth. He is now sojourning at the place of his birth and has been for the past two years, and, like many others, in my judgment, having accomplished the purpose of becoming naturalized as an American citizen, namely, escaped liability to military service as above indicated, has no fixed intention of ever returning to the United States.

Technically Freiman may be entitled to a passport, but it seems to me that one should not be issued to him unless he can show evidence of a bona fide intention to return there within two years, as he states in his application.

I ask for instructions, not only for my guidance in this case, but in other similar ones where circumstantial evidence justifies the belief that the applicant has gone to the United States and become naturalized as a citizen thereof only with the purpose of escaping military service in the land of his birth, whither he returns as soon as this object can be accomplished, thus evading his duties as a citizen of the country of his birth and the country of his adoption.

I have, etc.,

Robert S. McCormick.