File No. 365.117/394
Chargé Jay to the
Secretary of State
No. 532
American Embassy,
Rome,
July 14, 1916.
Sir: I have the honor to inform you that the
contents of the Department’s instruction No. 316 of April 10 last,
relative to the release from military service of Donato De Fato, were
promptly brought to the attention of the competent Italian authorities
by this Embassy, which is to-day in receipt of a reply from the military
authorities, transmitted through the Foreign Office, a translation of
which is respectfully submitted herewith, from which it will be seen
that the military authorities hold, according to the Italian laws now in
force, that De Fato has reacquired Italian citizenship and that he is
obliged to fulfill his military duties towards the Kingdom.
I have [etc.]
[Inclosure—Translation]
The Ministry for Foreign
Affairs to Ambassador Page
Foreign Office,
Rome,
July 13, 1916.
In response to its note verbale No. 1009 of
May 1 last, the Royal Ministry for Foreign Affairs has the honor to
inform the Embassy of the United States of America that the Ministry
of War finds itself unable to consent to the release
[Page 423]
from military service and to the
return to the United States of Donato De Fato, the son of Joseph De
Fato.
The military authorities observe that, although this young man (who
belongs to the class of 1890) became a foreigner in 1893 because of
the naturalization of his father in the United States of America,
nevertheless, according to the provisions of Article 12 of the Code
of Civil Procedure, which was in force at the time his class was
called to the colors, he still remained amenable to the performance
of his military obligations to the State.
The Royal Ministry of War adds, moreover, that after De Fato’s
residence in Italy for a period of two years, computed from the day
on which the new Citizenship Law of June 13, 1912, No. 555, went
into effect, he has reacquired Italian citizenship in accordance
with the terms of Article 9, No. 3 of the said law.
