File No. 763.72111/3018

The Secretary of State to the Austro-Hungarian Chargé ( Zwiedinek )

No. 202]

Sir: Referring to your note of September 27, 1915, in regard to the alleged recruiting of subjects of Austria-Hungary in Montana by certain Montenegrins, I have now the honor to advise you of the reply made by the Attorney General to the Department’s letter of October 18 on the subject.

The Attorney General invites attention to the fact that the alleged actions occurred on June 24, 1915; that after that date Matanovitch and others were indicted in Chicago; that they then discontinued all their proceedings to which this Government objected; and that no further instances of the kind have occurred.

The Attorney General points out that, inasmuch as it appears from the papers transmitted with your Embassy’s note that the parties claimed to have been enlisted have left this country, and are not now available as witnesses, it would not appear that prosecutions in the matter would be likely to be successful. Attention is also invited to the fact that a mere attempt to hire or retain men to enlist is not a violation of any Federal criminal law.

Accept [etc.]

Robert Lansing