The Secretary of State to Ambassador Tower.

No. 465.]

Sir: I have to acknowledge the receipt of your No. 876, of the 18th ultimo, in regard to the military case of Maurice Kahn, a naturalized American citizen, born in Alsace, who has been fined for nonperformance of military duty, and to whom permission to visit his former home has recently been refused by the German authorities. On the ground that he is a native of Alsace, he is held to be still a German subject, notwithstanding his naturalization in the United States.

The department approves your continuing, in compliance with instruction No. 438, of the 13th of December last, your efforts in Mr. Kahn’s behalf and of your note to the minister of foreign affairs, a copy of which you transmit, in connection with this case, in which you make it clear that the United States Government does not acquiesce in the contention of the German Government as to the non-applicability of the Bancroft naturalization treaties to Alsace and Lorraine.

I am, sir, etc.,

Elihu Root.