File No. 18253/17.
Memorandum to the Italian Embassy.
Washington, March 1, 1910.
The department has examined very carefully the memorandum submitted by the Italian Embassy on the 19th instant, relative to the case of Maiorano v. The Baltimore & Ohio Railroad Co., but is unable to reach a conclusion different from that heretofore expressed in the matter, the Supreme Court of the United States having decided the question on the broad ground that by a fair interpretation, the provisions of the treaty of 1871 did not confer upon nonresident aliens the same rights as are enjoyed by actual residents in Pennsylvania, and that, therefore, in refusing to allow the plaintiff, who had never been within the State of Pennsylvania, to recover damages under a statute of that State, no treaty rights were violated.
As stated in the concluding paragraph of the Supreme Court’s opinion—
If an Italian subject, sojourning in this country, is himself given all the direct protection and security afforded by the laws to our own people, including all rights of actions for himself or his personal representatives to safeguard the protection and security, the treaty is fully complied with without going further and giving to his nonresident alien relative a right of action for damages for his death, although such action is afforded to native resident relatives, and although the existence of such an action may indirectly promote his safety.