Mr. Hay to Mr. Hale.

No. 75.]

Sir: I have to acknowledge the receipt of your No. 30, of October 30, 1902, reporting your refusal to renew passport in the case of Harry Frommer, a native-born citizen of the United States.

It appears that Mr. Frommer, whose father was a naturalized citizen of the United States of Austro-Hungarian origin, was born in the city of New York; that he left the United States in June, 1892, the bearer of passport No. 36444, issued by the Department April 2, 1892; that in 1894 he applied to the United States mission in Vienna for a renewal of his passport, which was granted, he stating in his application that he intended “to return to the United States in six months.” It appears further that in 1896 he was granted a new passport by the United States legation for himself and his wife, born at Krakau, Galicia, where the said Frommer has continued to live for the past ten years; that on July 28, 1898, a third passport from the same source was issued to Mr. Frommer, and that in 1900 he was granted a fourth passport, “he declaring on this occasion that he intended to return to the United States within one and a half years,” or “as soon as he had disposed of his hat business.” Finally, you report, for the fifth time Mr. Frommer presented himself at the embassy, requesting a renewal of his passport, and that 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 stated practically that his business as a hatter at Krakau being in better shape he had no intention of ever leaving Europe.

Your course in withholding a passport in this case is approved by [Page 72] the Department. Mr. Frommer comes within the category of those of whom the Department’s circular instruction of March 27, 1899, said:

When an applicant (for a passport) has completely severed his relations with the United States, has neither kindred nor property here, has married and established a home in a foreign land, has engaged in business or professional pursuits wholly in foreign countries; has so shaped his plans as to make it impossible or improbable that they will ever include a domicile in this country—these and similar circumstances should exercise an adverse influence in determining the question whether or not a passport should issue.

I am, etc.,

John Hay.