Mr. Tower to Mr. Hay.
Berlin , January 29, 1903.
Sir: I have the honor to inform you that in June last one George Hoferer wrote, to the embassy stating that he desired to make a visit in Germany. Through correspondence with Hoferer it appeared that he was born in Petersthal, Amt Oberkirch, Baden, on October 8, 1868, emigrated to the United States in April, 1890, where he still resides, at Newark, N. J., and became naturalized, as shown by the certificate submitted by him, in the United States district court for the eastern district of New York, on November 22, 1895.
A communication was accordingly addressed to the foreign office making the request desired, to which a reply has just been received. In this the foreign office states that Hoferer was enrolled as a recruit in the army in 1889, and summoned to appear for service in May, 1890, which summons he failed to obey, and emigrated to America. In consequence he was declared to be deserter by an order of the court-martial of the twenty-eighth division, dated the 20th of December, 1890, and sentenced to pay a fine of 200 marks, which is still unpaid.
This reply has already been communicated to Hoferer. The offense with which he is charged is thus not merely evasion of military service by emigration, but desertion after having been enrolled as a recruit. According to our treaty of naturalization with Baden (article 2, paragraph 1) a naturalized citizen still remains liable to punishment for this offense upon his return.
I shall therefore take no further action in this case unless I am so instructed to do.
I have, etc.,