Chargé Wilson to the Secretary of State.
Athens , October 20, 1905 .
Sir: Referring to the legation’s dispatch No. 307, and the Department’s instruction No. 91, of the 28th ultimo, I have the honor to inclose herewith a copy of a letter received from the vice-consul at Patras informing me that the case of Mr. Panos Indares had been decided in his favor. The vice-consul further states “that the matter having been referred by the Monarch to the ministry of military affairs, counsel for the ministry decided that, inasmuch as there is no law compelling the King’s approval in changing one’s nationality, Lambros Indares’s (the father’s) citizenship could not be impugned on that ground; and that, having further regard to the fact that the son born under the circumstances is not in any way considered a Greek subject, the same is not liable to conscription, and accordingly instructions were given by the military ministry to strike his name off the rolls.”
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Referring to your instruction No. 91, in the case of Panos Indares, you state that he is entitled to claim American citizenship provided that he was dwelling in America at the time of his father’s naturalization or at any subsequent period during his minority. Young Indares was born at least twelve years after the permanent return of his father to Greece. He was born in Greece October 15, 1884, and arrived in America for the first time on December 9, 1904, being then 20 years [Page 512] and 2 months; he spent about four months in the United States and returned to Greece in May of this year, where he has remained, although I understand that he returns to the United States next month.
Under these circumstances I have the honor to ask for instructions in case Mr. Indares applies to the legation for a passport as to whether the four months spent in the United States during his minority and the subsequent return to Greece entitles Mr. Indares to claim American citizenship.
I also have the honor to inquire whether Mr. Lambros Indares, through whose naturalization his son claims American citizenship, is also to be considered as an American citizen. He emigrated to America in 1860, where he remained until 1872, and was naturalized in August, 1870, at San Francisco. He returned to Greece in 1872 and has lived here ever since with the exception of one or two business trips to the United States. He is established in business in Greece and has no intention of returning permanently to the United States. He is the bearer of a passport issued by this legation in 1876, which he has never asked to have renewed until the question of the liability of his son to military service arose.
I have, etc.,