File No. 19375/9.
American Embassy,
Vienna, April 20,
1910.
No. 5.][Inclosure.—Translation.]
The Minister for Foreign
Affairs to Ambassador Kerens.
Ministry for Foreign Affairs,
Vienna, April 8, 1910.
In answer to the esteemed note of the 8th of December, 1909, asking
if a Hungarian citizen who has not reached his seventeenth year, but
emigrates without the permission of the minister of the interior and
of national defense (as laid down in par. 2, Point B, Art. II of the
Hungarian Law of 1909), is guilty of deserting in Hungary, the
undersigned has the honor, after having consulted the competent
authorities, to inform the chargé d’affaires of the United States,
Mr. George Barclay Rives, that a Hungarian citizen who emigrates
before he reaches his seventeenth year and in disregard of paragraph
2, Point B, Article II of the Hungarian Law of 1909, that is without
the permission of the Hungarian minister of the interior and of
national defense, can not be regarded as a deserter in Hungary, as
deserters can only be such as have already joined the army.
Furthermore, in accordance with the military law of 1889 (paragraph
19, heading 1, Subdivision C) volunteers may only join the army or
navy, irrespective of other legal requirements, when they have
reached their seventeenth year. Such persons can not, however, be
regarded as deserters, as only after they have actually enlisted can
they be considered as in a position to desert.
The undersigned further has the honor to say that according to
article 2 of the Hungarian emigration law of 1909, men who have not
received the permission of the minister of the interior under date
of the 1st of January of the year in which they reach their
seventeenth year, can not emigrate during that year. Those, however,
under that age are not required to procure the above permission.
The undersigned takes this occasion, etc.,
(For the minister),
