811.623 Florida/3

The Italian Ambassador ( De Martino ) to the Secretary of State

The Italian Ambassador presents his compliments to H. E. the Secretary of State and, referring to the Secretary of State’s note of October 31 [11], relative to a new fish and game law which became effective in the State of Florida on July 1, 1927, has the honor to advise him of the receipt of a letter from the Shell Fish Commissioner of the Department of Agriculture of the State of Florida, relative to this matter.

This letter, addressed to the Consular Agent of Italy at Tampa, contains the following statements:

“I do not agree with you in your interpretation of the treaty between the United States and Italy and this Department will continue to collect a license tax from all aliens regardless of their nationality as provided by law.

“If the people of your nationality wish to receive the benefits derived by becoming American citizens and citizens of the State of Florida, I think they had better take out naturalization papers which would place them on the same footing with American citizens and citizens of the State of Florida.

“If your people wish to take these matters into the Court, no doubt you can receive a court decision bearing on same but until you do so, license taxes will be collected as prescribed by law.”

[Page 115]

This letter is in open conflict with the point expressed in the Secretary of State’s note of October 31 [11], and clearly states that the tax imposed by the State of Florida has to be paid by Italian subjects, because of the fact that they are aliens and not because of the fact that they have not resided in the State of Florida for at least six months, etc., etc.

The text of the law quite agrees with Commissioner Hodges’ statement. The law provides as follows:

“A retail dealer shall be considered anyone who sells fish direct to the consumer or wholesale dealer and shall pay a license fee of $5.00 per annum.

“A non-resident or alien retail dealer shall pay a license fee of $50.00 per annum.”

These provisions mean that, if there is not a discrimination between non-resident American citizens and non-resident aliens, there is one between resident Americans and resident aliens and such discrimination seems to be in contradiction with the provisions contained in the treaty of Commerce and Navigation of February 26th, 1871, in force between the United States and Italy.

The Italian Ambassador has the honor to signify that he feels obliged to insist for having such action taken as will result in eliminating from the legislation of the State of Florida the unjust discrimination infringing upon the right of the Italians exercising the fish industry within its boundaries.