As will be seen from the reply above referred to (a copy of which,
together with translation is inclosed herewith), the Austrian government
asks a guaranty from the United States Government that in all cases
where emigrants may embark after passing the required medical inspection
on this side in the presence of an American sanitary official and with
the consent of the latter, they will not later be refused admittance by
the United States immigration authorities on the basis of the act of
March 3, 1903, saving when the reason justifying such refusal has
developed after the medical examination at the port of embarkation.
Respecting which, as well as in regard to a more detailed statement as
to the sphere of action which the United States Government wishes to
have granted to its sanitary officers, the Austrian government awaits
further correspondence.
As also will be seen from the inclosed note from the foreign office, the
Hungarian government’s reply is on the same general lines as those of
the Austrian government.
[Inclosure.—Translation.]
Mr. Müller to
the American Legation.
Impetial and Royal Ministry for Foreign
Affairs.[, undated]
In the esteemed note, No. 21, of September 2 last, Mr. Chandler Hale,
the chargé d’affaires, took occasion to ask whether permission would
be granted to the Government of the United States to station at the
ports of emigration of the Monarchy officers of the American Public
Health and Marine-Hospital Service, whose duty would be to make a
medical inspection of all emigrants intending to go to the United
States and thus facilitate the enforcement of the immigration act of
March 3, 1903.
The ministry for foreign affairs has not failed to communicate this
suggestion to the Imperial Austrian and the Royal Hungarian
Governments and now begs to inform the embassy of the United States
of America of the replies received in answer thereto.
The Austrian Government, which has itself a great interest in
preventing emigrants afflicted with loathsome or dangerous
contagious diseases from going to the United States by the regularly
established emigrant ships, fully appreciates the endeavor of the
American Government to enforce the law above referred to in so far
as it is its intention to prevent all such persons—viz, those
falling within the sanitary regulations—from entering the country,
and is, in principle, disposed to do its utmost to cooperate in this
endeavor in Austrian territory. The Austrian Government is
intending, on the regular emigrant steamship service under its
control between the ports of Austria and the United States, to
arrange regulations such as will guarantee the careful medical
inspection of all emigrants prior to embarkation. It is not
possible, however, in conformity with the existing regulations
governing the practice of medicine in this country, to permit
foreign sanitary officers, not licensed (in Austria), to make such a
medical inspection.
The Austrian Government is disposed, however, to admit the presence
of American sanitary officials at such medical inspections,
undertaken in accordance with the provisions above referred to, and
that they may on such occasions, if deemed necessary, express their
opinions. This government would be the more willing to comply with
the suggestion above referred to, if the American Government could
see its way to guarantee that all emigrants who may embark
[Page 94]
after medical inspection in
the presence of an American sanitary officer and with the consent of
the latter will not later be refused admittance by the American
immigration authorities, despite of such inspection, on the basis of
the section of the law above referred, saving in cases when the
reason justifying such refusal has developed after the medical
examination made at the port of embarkation. Respecting which, as
well as in regard to a more detailed statement as to the sphere of
action which the American Government wishes to have granted to its
sanitary officers, in conformity with the suggestion above referred
to, the Austrian Government awaits further correspondence.
The Royal Hungarian Government is also of the opinion that it is not
possible to permit American health officers to act in their medical
capacity at the port of Fiume.
But, owing to the purpose which the Government of the United States
has in view, the Hungarian Government is likewise willing to comply
with its wishes in so far as possible. In this respect it issued, on
July 21, 1903, a circular regulation, in which the attention of all
the municipalities of the country was called to the regulations of
the law of March 3, 1903, restricting immigration, at the same time
instructing them to publish the said regulation and make it known
that the issuance of passports was forbidden to persons who, in
conformity with the provisions of the said law, would not be allowed
to enter the territories of the United States.
By another ordinance, which is already in force and which regulates
the medical inspection of emigrants and the ships’ crews, the
exclusion of sick persons, the embarkation and the moral and
hygienic protection of the said emigrants, a special official
physician has been appointed to supervise the emigration sanitary
inspection service, who has received strict instructions based on
the regulations of the American immigration law.
How strictly the Hungarian officials have adhered to the regulations
of these ordinances will be seen from the fact that out of 8,770
emigrants leaving Hungary since November 14, 1903, of whom 5,814
embarked at Fiume and went to the United States on nine ships, and
2,956 by way of Antwerp and Liverpool, but 15 persons—viz, not quite
0.02 per cent—were not allowed to land by the immigration officials
of the United States of America, and the majority of these were not
detained on sanitary grounds, but for other reasons, which
proportion may be considered quite satisfactory.
As an example of how strictly the regulations (above referred to)
have been adhered to, we may mention that as the result of medical
inspection before embarking from Fiume the following number,
intending to emigrate, were detained: 142 persons by Carpathia, on April 19, 1904; 36 persons by
Ultonia, on May 3, 1904; 179 persons by
Slavonia, on May 18, 1904, and it is
certain that if the performance of this service were intrusted to
health officers of the United States of America it could not be more
rigorously and carefully undertaken.
But in order to give further proof of its readiness to comply with
the wishes of the Government of the United States, the Hungarian
Government has willingly agreed that a medical officer attached to
the American consular agency at Fiume may be present at the
embarkation of emigrants and at the medical inspection taking place
prior thereto, who, as a matter of course, would not be impowered to
influence or to hinder the Hungarian officials in the discharge of
their duty.
For the minister.
Müller.
