File No. 10892.

The Secretary of State to Chargé Garrett .

No. 842.]

Sir: I have to acknowledge the receipt, in due course, of Mr. Tower’s No. 1273, of December 20, 1907, wherein were reported the circumstances [Page 530] attending an altercation between a German tax collector and the porter of the ambassador’s house, a German subject, in consequence of which the ambassador was asked to permit summons to be served on the porter at the house. Mr. Tower discussed the merits of the case and inquired whether he might properly comply with the request.

In reply I have to say that, if the porter is still in the service of the embassy, the question of his personal immunity may be waived, but that the service should be personal and outside of the embassy precincts.

I am, etc.,

E. Root.