No. 121.] Mr. Hay to Mr. Storer. DEPARTMENT OF STATE, Washington, December 14, 1904. SIR: Referring to the Department's No. 116 of October 29 last, I inclose a copy of a letter from Mr. John Horniak, post-office box 48, Freeland, Pa., setting forth the circumstances under which his wife, Mrs. Maria Horniak, has made complaint in regard to her treatment by a Hungarian official at Fiume and the damages sustained in being compelled to purchase a ticket to the United States by the Cunard Line, notwithstanding the fact that she held a prepaid ticket by the North German Lloyd.a Supplementary to the instructions already received by the embassy in connection with this and similar cases of complaint, you will transmit a statement of the facts set forth in Mrs. Horniak's case to the foreign office for the attention of the Hungarian Government. Where American citizens are treated by the authorities as were Mrs. Horniak and others whose cases have been notified to the embassy by either the Department or the Red Star Line, at least restitution of the property taken from them and reimbursement of actual additional expenses should be made to them. I am, etc., JOHN HAY. Mr. Hay to Mr. Storer. No. 122.] DEPARTMENT OF STATE, Washington, December 14, 1904. SIR: Referring to the instructions of this date in connection with the case of Mrs. John Horniak and similar cases, I inclose a copy of a letter from Thomas Capek, esq., of 300 East Seventy-second street, New York City, submitting the complaint of Mrs. Sophia Vanco (otherwise Wancho) of treatment received at the hands of Hungarian officials, the seizure of her ticket, etc." You will, in addition to the cases of similar character already transmitted to the foreign office, present Mrs. Vanco's case, with a view to a thorough inquiry into the causes of these complaints and to suitable restitution and reimbursement, as pointed out in the Department's instruction in connection with the case of Mrs. Maria Horniak, above referred to. I am, etc., JOHN HAY. Mr. Hay to Mr. Storer. No. 123.] DEPARTMENT OF STATE, Washington, December 15, 1904. SIR: I have to acknowledge the receipt of your dispatch No. 186, of the 29th ultimo, concerning the complaint of Mrs. Maria Horniak in regard to the seizure of her prepaid ticket and her treatment by Hun a Not printed. garian officials and reporting your interview with the under secretary of state on the subject of Hungarian emigration. The Department is pleased to note the disposition of the AustroHungarian foreign office to promptly investigate the complaints made by American citizens and to see that justice is done in each case. I am, etc., JOHN HAY. MEDICAL EXAMINATION OF EMIGRANTS AT PORTS OF DEPARTURE. Mr. Adee to Mr. Hale. DEPARTMENT OF STATE, Washington, August 19, 1903. SIR: Under date of the 15th instant the Secretary of Commerce and Labor writes that it is his Department's desire, in its efforts to enforce the act of March 3, last, "to regulate the immigration of aliens into the United States," to prevent by every lawful means the immigration into this country of persons afflicted with loathsome or dangerous contagious diseases. This work would be greatly facilitated and the hardship on the steamship lines would be decreased if permission were given, by the principal countries from which emigrants leave for the United States, to this Government to station at the ports of embarkation officers of the United States Public Health and Marine-Hospital Service to make a medical inspection of all persons intending to emigrate to the United States. Under these circumstances you may make inquiry of the Government to which you are accredited whether it has any objection to such a course, and the Department would be glad if you would report as soon as possible the answer received by you. I am, sir, etc., ALVEY A. ADEE, Mr. Hale to Mr. Hay. AMERICAN LEGATION, No. 156.] SIR: Referring to the Department's unnumbered dispatch of August 19, 1903, instructing that inquiry be made of the Imperial and Royal Austro-Hungarian Government whether permission would be granted to the United States Government to station at the ports of embarkation of this Empire officers of the United States Public Health and Marine-Hospital Service to make a medical inspection of all persons intending to emigrate to the United States, and thereby facilitate the enforcement of the immigration act of March 3, 1903, I have the honor to inform you that in reply to my note of September 2 last, the foreign office, in a note of recent date, states that it is not possible, in conformity with the existing regulations governing the practice of medicine in this country, to permit foreign sanitary officers not licensed (in Austria) to make such a medical inspection; but that the Austrian government is disposed, however, to permit American sanitary officials to be present at the medical inspections made by the Austrian authorities of all persons intending to emigrate to the United States and that they (our representatives) may on such occasions, if deemed necessary, express their opinions. As will be seen from the reply above referred to (a copy of which, together with translation is inclosed herewith), the Austrian government asks a guaranty from the United States Government that in all cases where emigrants may embark after passing the required medical inspection on this side in the presence of an American sanitary official and with the consent of the latter, they will not later be refused admittance by the United States immigration authorities on the basis of the act of March 3, 1903, saving when the reason justifying such refusal has developed after the medical examination at the port of embarkation. Respecting which, as well as in regard to a more detailed statement as to the sphere of action which the United States Government wishes to have granted to its sanitary officers, the Austrian government awaits further correspondence. As also will be seen from the inclosed note from the foreign office, the Hungarian government's reply is on the same general lines as those of the Austrian government. I have, etc., CHANDLER HALE, [Inclosure.Translation.] Mr. Müller to the American Legation. IMPETIAL AND ROYAL MINISTRY FOR FOREIGN AFFAIRS. In the esteemed note, No. 24, of September 2 last, Mr. Chandler Hale, the chargé d'affaires, took occasion to ask whether permission would be granted to the Government of the United States to station at the ports of emigration of the Monarchy officers of the American Public Health and Marine-Hospital Service, whose duty would be to make a medical inspection of all emigrants intending to go to the United States and thus facilitate the enforcement of the immigration act of March 3, 1903. The ministry for foreign affairs has not failed to communicate this suggestion to the Imperial Austrian and the Royal Hungarian Governments and now begs to inform the embassy of the United States of America of the replies received in answer thereto. The Austrian Government, which has itself a great interest in preventing emigrants afflicted with loathsome or dangerous contagious diseases from going to the United States by the regularly established emigrant ships, fully appreciates the endeavor of the American Government to enforce the law above referred to in so far as it is its intention to prevent all such persons-viz, those falling within the sanitary regulations-from entering the country, and is, in principle, disposed to do its utmost to cooperate in this endeavor in Austrian territory. The Austrian Government is intending, on the regular emigrant steamship service under its control between the ports of Austria and the United States, to arrange regulations such as will guarantee the careful medical inspection of all emigrants prior to embarkation. It is not possible, however, in conformity with the existing regulations governing the practice of medicine in this country, to permit foreign sanitary officers, not licensed (in Austria), to make such a medical inspection. The Austrian Government is disposed, however, to admit the presence of American sanitary officials at such medical inspections, undertaken in accordance with the provisions above referred to, and that they may on such occasions, if deemed necessary, express their opinions. This government would be the more willing to comply with the suggestion above referred to, if the American Government could see its way to guarantee that all emigrants who may embark after medical inspection in the presence of an American sanitary officer and with the consent of the latter will not later be refused admittance by the American immigration authorities, despite of such inspection, on the basis of the section of the law above referred, saving in cases when the reason justifying such refusal has developed after the medical examination made at the port of embarkation. Respecting which, as well as in regard to a more detailed statement as to the sphere of action which the American Government wishes to have granted to its sanitary officers, in conformity with the suggestion above referred to, the Austrian Government awaits further correspondence. The Royal Hungarian Government is also of the opinion that it is not possible to permit American health officers to act in their medical capacity at the port of Fiume. But, owing to the purpose which the Government of the United States has in view, the Hungarian Government is likewise willing to comply with its wishes in so far as possible. In this respect it issued, on July 21, 1903, a circular regulation, in which the attention of all the municipalities of the country was called to the regulations of the law of March 3, 1903, restricting immigration," at the same time instructing them to publish the said regulation and make it known that the issuance of passports was forbidden to persons who, in conformity with the provisions of the said law, would not be allowed to enter the territories of the United States. By another ordinance, which is already in force and which regulates the medical inspection of emigrants and the ships' crews, the exclusion of sick persons, the embarkation and the moral and hygienic protection of the said emigrants, a 'special official physician has been appointed to supervise the emigration sanitary inspection service, who has received strict instructions based on the regulations of the American immigration law. How strictly the Hungarian officials have adhered to the regulations of these ordinances will be seen from the fact that out of 8,770 emigrants leaving Hungary since November 14, 1903, of whom 5,814 embarked at Fiume and went to the United States on nine ships, and 2,956 by way of Antwerp and Liverpool, but 15 persons-viz, not quite 0.02 per cent-were not allowed to land by the immigration officials of the United States of America, and the majority of these were not detained on sanitary grounds, but for other reasons, which proportion may be considered quite satisfactory. As an example of how strictly the regulations (above referred to) have been adhered to, we may mention that as the result of medical inspection before embarking from Fiume the following number, intending to emigrate, were detained: 142 persons by Carpathia, on April 19, 1904; 36 persons by Ultonia, on May 3, 1904; 179 persons by Slavonia, on May 18, 1904, and it is certain that if the performance of this service were intrusted to health officers of the United States of America it could not be more rigorously and carefully undertaken. But in order to give further proof of its readiness to comply with the wishes of the Government of the United States, the Hungarian Government has willingly agreed that a medical oflicer attached to the American consular agency at Fiume may be present at the embarkation of emigrants and at the medical inspection taking place prior thereto, who, as a matter of course, would not be impowered to influence or to hinder the Hungarian officials in the discharge of their duty. For the minister. MÜLLER. BELGIUM. NEUTRALITY OF CHINA IN THE WAR BETWEEN RUSSIA AND JAPAN. Mr. Hay to Mr. Townsend. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, February 10, 1904. (Mr. Hay instructs Mr. Townsend to consult the Belgian Government in regard to the possibility and desirability of an arrangement between the neutral powers to use their good offices, with Russia and Japan for the purpose of inducing them to respect China's neutrality and administrative entity as far as possible, limiting and localizing the area of hostile operations to minimize the disturbance and excitement of the Chinese people and the injury to commerce and to the peaceful intercourse of the world. If no opposition to this proposition is offered he is instructed to suggest that the representatives of Belgium at St. Petersburg, Tokyo, and Peking be instructed in this sense.) No. 215.] Mr. Townsend to Mr. Hay. AMERICAN LEGATION, Brussels, February 11, 1904. SIR: I have the honor to acknowledge the receipt, at 8 a. m. to-day, of Department's cablegram. In conformity with instructions, I have just had a consultation with the minister for foreign affairs, in which I outlined the proposition as set forth in Department's cablegram. I took occasion to point out to him how identical were the commercial interests of Belgium and the United States in China, which fact he agreed with. He refrained, however, from expressing an opinion as to whether his government would or would not accept the proposition for joint action by the neutral powers. He informed me, however, that he would immediately submit the proposition to His Majesty the King and the Government, and would give me a reply as soon as possible. I will communicate by cable to the Department the reply of the Belgium Government to the proposition transmitted as soon as received. I have, etc., LAWRENCE TOWNSEND, |