Chargé Wilson to the Secretary of State.

No. 307, Greek Series.]

Sir: I have the honor to request instructions in the case of one Panos Indares, who is held by the Greek authorities for military service and who claims American citizenship through the naturalization of his father.

The father, Lambros Indares, emigrated to America in 1860 and remained until 1872, being naturalized at San Francisco in August, 1870. He returned to Greece in 1872, and since then has been engaged in business here, although he has been to the United States several times on business and claims to be the owner of property in Chicago, now in litigation. He is holder of a passport issued by this legation in 1876. Before emigrating to America he did not obtain the permission of the King to change his nationality, which is obligatory, according to Greek law, and, moreover, I do not understand that Mr. Indares has any intention of returning to the United States to take up his permanent residence.

The son, Panos Indares, was born in Greece in 1884: went to America in September, 1904, as he claims, with the intention of taking up his residence. He returned to Greece in May, 1905, and states that he intends to return to the United States this November.

When the above-named Panos Indares was called upon to perform his military service a short time ago, he asked the assistance of the American consulate at Patras as an American citizen, Mr. Lontos, the acting vice-consul, supporting his claim to immunity from service, but the authorities refused to reverse their decision on the ground that he was a Greek citizen, as was also his father (through whom he claimed his American citizenship), as the latter had never ceased to be a Greek subject, in spite of his naturalization, as he had never obtained the King’s permission to change his nationality.

Mr. Lontos therefore referred the case to the legation in order that it might be brought to the attention of the minister of foreign affairs. On account of the conditions of the case I have informed Mr. Lontos that I should refer the case to the Department of State and await instructions before bringing it to the attention of the Greek minister.

I have, etc.,

Charles S. Wilson.