official dispatches, these obligations are compensated for by those which the company incurs for the benefit of the State, and thus is decided the problems of transcendental importance of direct communications with the Continent of Europe and North America, freeing them from the surcharges and high rates to which they are subject to-day. With regard to article 17, the right which it establishes is simply a preference and does not constitute a privilege, having reference to the legitimate and reasonable purpose of assuring during a certain time the interest on capital invested, and it is only under like conditions that cables which could be constructed in virtue of conventions with foreign powers are excluded. I renew, etc., [Inclosure 2.] V. DE LA PLAZA. Minister Sherrill to the Minister for Foreign Affairs. AMERICAN LEGATION, Buenos Aires, March 14, 1910. Mr. MINISTER: I have the honor to acknowledge the receipt to-day of your excellency's note of the 28th ultimo setting out that in the opinion of your excellency's Government the contract entered into with the Western Telegraph Co. for the construction and operation of a direct cable between the Argentine Republic and Europe does not in any of its terms infringe upon the provisions of the treaty of 1853 between the United States and the Argentine Republic. While taking due note of the Argentine Government's view of the case as set forth in your excellency's note, I am instructed to advise your excellency's Government that the Government of the United States reserves its rights in the premises and all due assertion thereof should occasion arise. I avail myself, etc., C. H. SHERRILL. File No. 19654/9. No. 117.], The Acting Secretary of State to Minister Sherrill. DEPARTMENT OF STATE, SIR: I acknowledge the receipt of your dispatch No. 279, of March 14, 1910, transmitting correspondence with the foreign office regarding the applicability of the terms of the treaty of friendship, commerce, and navigation, of 1853, between the United States and the Argentine Republic, to the concession granted by the Argentine Government to the Western Telegraph Co., a British corporation, and to the concession previously granted by the Argentine Government to the Central and South American Telegraph Co. of New York, which company complains that its rights are endangered in consequence of governmental discrimination in favor of the British company. Article III of the treaty of 1853 covers "any favors, exemption, privilege, or immunity whatever in matters of commerce and navigation," and therefore if the concession sought by the British corporation, the Western Telegraph Co., is an exclusive one, the representations made in the note of July 17, 1909, which you addressed to the foreign office in accordance with the department's telegraphic instructions of July 16, 1909, and those of your note of March 14, 1910, which you addressed to the foreign office in pursuance of the department's mail instruction No. 24, of September 3, 1909, were well founded, and the department commends your action in the matter. 67942°-F B 1910- -5 The protection and the expedition of the needs of commerce through the medium of the quickest and cheapest means of communication, is a principle recognized as one of prime importance in modern commercial practice. Any favor or privilege limiting this principle must be held as contravening the intent of the treaty of 1853, the object of which was to promote the commerce between the United States and the Argentine Republic and to guarantee to the citizens of the United States equal privileges and facilities with those granted or to be granted by the Argentine Government to the citizens or subjects of any other Government, Nation, or State. Supposing that the grant to the Western Telegraph Co. is to give that company the exclusive control of cable communication between the Argentine Republic and Brazil, then the right of the Central and South American Telegraph Co., an American corporation, now operating in the Argentine Republic, would be set aside, and the extension of its lines to Brazil, by cable or otherwise, for the purpose of commerce, of interest alike to citizens of the United States and of the Argentine Republic, would be made impossible. You will continue discreetly to refer to this matter whenever, in your opinion, such a course would be advantageous to American interests. I am, etc., HUNTINGTON WILSON. AUSTRIA-HUNGARY. EMIGRATION AND MILITARY SERVICE LAW OF HUNGARY. File No. 19375/9. No. 5.] Ambassador Kerens to the Secretary of State. AMERICAN EMBASSY, SIR: Referring to the department's instructions of the 1st of November, 1909, serial No. 373, I have the honor to transmit herewith a copy of a note received from the foreign office (with translation) in answer to a note addressed by this embassy to the minister for foreign affairs on the 8th of December, 1909. I have, etc., [Inclosure.-Translation.] R. C. KERENS. The Minister for Foreign Affairs to Ambassador Kerens. MINISTRY FOR FOREIGN AFFAIRS, 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), File No. 19375/9. No. 13.] The Secretary of State to Ambassador Kerens. ROESSLER. DEPARTMENT OF STATE, SIR: The department has received the embassy's No. 5 of April 20 last, relative to the military service and emigration laws of Hungary. 'Not printed. It appears from this dispatch that a Hungarian subject who has emigrated to the United States before performing military service is not considered a deserter unless he had actually joined the army. It does not appear that the department has as yet received authoritative information as to the age at which a Hungarian subject is drafted at the time of conscription, and thus having become enrolled as a recruit for service in the standing army, as provided in Article II of the naturalization treaty of 1871. The circular notice to American citizens formerly subjects of Austria or Hungary, who contemplate returning to either of those countries, issued by the department on December 9, 1909, contains the statement that all male subjects of Hungary are liable to the performance of military service between the ages of 17 and 42 years. This information was based on the statement in the embassy's No. 998 of November 14, 1909, which, however, does not seem to be entirely authoritative. In order that the department may be in a position to inform Hungarians who have emigrated before joining the army as to their liability to punishment under the treaty upon returning to Hungary, you will endeavor to secure authentic and definite information as to the age of enrollment in Hungary. I am, etc., File No. 19375/11. (For Mr. Knox), HUNTINGTON WILSON. Ambassador Kerens to the Secretary of State. AMERICAN EMBASSY, Vienna, May 28, 1910. SIR: I have the honor to acknowledge the receipt of Mr. Wilson's dispatch No. 13, dated May 13, 1910, instructing this embassy to obtain authentic and definite information as to the age of enrollment in Hungary. I have to-day addressed a note to the imperial and royal minister for foreign affairs on the subject, copy of which I inclose, and upon receipt of a reply thereto I shall promptly transmit the same to the department. I have, etc., [Inclosure.] R. C. KERENS. No 15.] Ambassador Kerens to the Minister for Foreign Affairs. AMERICAN EMBASSY, Vienna, May 27, 1910. YOUR EXCELLENCY: Acting under instructions of my Government, I have the honor to ask your excellency for an authoritative statement as to the age at which a male Hungarian citizen is subject to enrollment, by conscription, in the army, and to which reference is made in Article II of the naturalization treaty of 1871 between the United States of America and the Austro-Hungarian monarchy. The favor of a prompt reply would be greatly appreciated. I avail, etc., R. C. KERENS. File No. 864.56/12. Ambassador Kerens to the Secretary of State. AMERICAN EMBASSY, Vienna, June 21, 1910. SIR: Referring to the department's instructions No. 13 of the 13th of May, 1910, relative to military service and the emigration laws of Hungary, I have the honor to send you herewith a copy and a translation of note received by this embassy from the foreign office regarding the matter in question. The Hungarian emigration law of 1909 in no way alters the military law of 1889 (Gesetz vom 11. April 1889, betreffend die Einführung eines neuen Wehrgesetzes) which was passed simultaneously by the Legislatures of Austria and of Hungary and which regulate all things effecting enlistment in the army of the Austro-Hungarian Monarchy. It regulates the enlistment both in the Austrian landsturm and landwehr and in the Hungarian honvedseg and népkölés, as well as in the common army and navy. According to the terms of this law a man is liable to be taken for military service after the 1st of January of the calendar year in which the man in question reaches his twenty-first year and ends with the 31st of December of that year in which the man in question ends his thirty-sixth year. I inclose a copy of the military law of 1889, which is in all points a counterpart of the Hungarian law of 1889. I think that it may be taken for granted that a man who emigrates in contempt of the Hungarian emigration law of 1909 will on his return to Hungary be punished according to the terms of that law, but he can not be forced to serve in the army in view of the treaty of naturalization of 1871, unless he has broken the military law of 1889 before his emigration. I have, etc., R. C. KERENS. [Inclosure.-Translation.] The Minister for Foreign Affairs to Ambassador Kerens. MINISTRY FOR FOREIGN AFFAIRS, In answer to the much-esteemed note of the 27th of May, 1910, No. 15, the undersigned has the honor to inform his excellency, the ambassador extraordinary and plenipotentiary of the United States of America, Mr. R. C. Kerens, that paragraphs 7 and 38 of Article No. VI of the Hungarian law of the year 1889 refer to the time for presentation for military service referred to in Article II, Point I of the treaty of 1870. The time for presentation for military service of a Hungarian subject begins on the 1st of January of the year in which he will reach his twenty-first year and ends on the 31st of December of the year in which he has already reached his twenty-third year. Should, however, the person liable to present himself for military service for some reason or other not have done so, he can subsequently be called upon to fulfill the same until the 31st of December of the year in which he has already reached his thirty-sixth year-namely, as set out in the above-referred-to paragraph 38. The undersigned takes this occasion, etc., (For the minister.) RHEMEN. |