Mr. Hale to Mr. Hay.
Vienna, October 30, 1902.
Sir: I have the honor to submit to the Department the case of one Mr. Harry Frommer, a native citizen of the United States, who has applied to this embassy for a renewal of his passport. The facts are as follows:
- Harry Frommer, whose father was a naturalized citizen of the United States of Austro-Hungarian origin, was born at New York City, in the State of New York, on the 29th day of May, 1869. He last left the United States in June, 1892, the bearer of passport No. 36444, issued by the Secretary of State on the 2d day of April, 1892.
- On the 3d day of April, 1894, Mr. Frommer applied to and was granted by this mission a new passport, No. 449, stating in his application for same that he intended “to return to the United States within six months.”
- On the 8th day of May, 1896, Mr. Frommer was granted a new passport, No. 668, by this mission, for himself and his wife, Thekla, born at Krakau, Galicia, where the said Frommer has continued to live for the past ten years.
- On the 28th day of July, 1898, a third passport, No. 952, was issued to Mr. Frommer by this mission.
- On the 28th day of September, 1900, Mr. Frommer was granted a fourth passport, No. 232, by this mission, he then declaring in his application for same that he intended to return to the United States within one and one-half years, or as soon as he had disposed of his hat business in Krakau.
Yesterday, for the fifth time, Mr. Frommer presented himself at this mission, requesting a renewal of his passport. Upon being questioned in regard to his intention of returning to the United States with the purpose of residing and performing the duties of citizenship therein, he practically stated that his business as a hatter at Krakau being in better shape he had no intention of ever leaving this Empire. Pending instructions from the Department of State I therefore refused to renew his passport in accordance with the latter part of paragraph 150 of “Instructions to diplomatic officers of the United States,” which reads as follows:
The granting of a passport should also be withheld pending the instructions of the Department where the applicant, whether native or naturalized, has resided without the United States for a long period of time under such circumstances as to warrant the inference that he has practically abandoned his country. In all such cases the facts should be fully reported to the Department for further instructions.
Mr. Frommer’s original passport, No. 36444, issued by the Secretary of State on the 2d day of April, 1892, and first above referred to, is inclosed herewith, having been found with the duplicate of his first application to this mission for renewal of same on the 3d day of April, 1894.
I have, etc.,
Chargé d’Affaires ad interim.