The Acting Secretary of State to Ambassador White .

No. 92.]

Sir: The department has received your No. 180, of May 2, submitting the case of Giovanni Caprio, who came to the United States on April 15, 1895, when under the age of 18 years, returned to Italy in 1898 and there remained for more than two years, when he came back to the United States and was naturalized by the circuit court of the United States at Boston on November 14, 1904. You ask whether the continuousness of his residence before naturalization was not interrupted by his return to Italy.

The question is one properly falling within the purview of the court in which the naturalization proceedings were held, but the department is disposed to think that absence of more than two years would be considered as interrupting the residence, and that such absence was probably not known to the court which naturalized Caprio.

You are instructed to secure a sworn statement from him relative to his absence, supporting evidence from the mayor of his native town, and his certificate of naturalization. The case will then be brought to the attention of the court.

I am, etc.,

Robert Bacon.