File No. 864.56/12. Ambassador Kerens to the Secretary of State. AMERICAN EMBASSY, 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., File No. 864.56/12. No. 71.] The Acting Secretary of State to Ambassador Kerens. DEPARTMENT OF STATE, Washington, November 1, 1910. SIR: I have to acknowledge the receipt of your dispatch No. 39 of June 21, 1910, in regard to the liability of persons of Austrian and Hungarian origin to perform military service in their respective native countries. In reply I send you herewith six copies of the department's "Notice to American Citizens Formerly Subjects of Austria or Hungary Who Contemplate Returning to Either of Those Countries," issued October 22, 1910. You will note that the statement in the first paragraph in regard to the age of liability to perform military service in Austria and Hungary has been amended in accordance with the information contained in your dispatch. I am, etc., [Inclosure.] AUSTRIA-HUNGARY. ALVEY A. ADEE. Notice to American citizens formerly subjects of Austria or Hungary who contemplate returning to either of those countries. The information given below is believed to be correct, yet is not to be considered as official, so far as it relates to the laws and regulations of Austria-Hungary. Liability to perform military service in Austria and in Hungary arises on January 1 of the calendar year in which an Austrian or Hungarian reaches his twenty-first year and ceases on the 31st of December of the year in which he ends his thirty-first year. Under the terms of the treaty between the United States and Austria-Hungary a former subject of Austria or Hungary who has resided in this country five years and has been naturalized as a citizen of the United States is treated upon his return as a citizen of the United States. If he violated any criminal law of his original country before the date of emigration he remains liable to trial and punishment, unless the right to punish has been lost by lapse of time as provided by law. A naturalized American citizen formerly a subject of Austria or Hungary may be arrested and punished under the military laws only in the following cases: (1) If he was accepted and enrolled as a recruit in the army before the date of emigration, although he had not been put in service; (2) if he was a soldier when he emigrated, either in active service or on leave of absence; (3) if he was summoned by notice or by proclamation before his emigration to serve in the reserve or militia and failed to obey the call; (4) if he emigrated after war had broken out. A naturalized American citizen of Austrian or Hungarian origin on arriving in his original country should at once show his passport to the American consul, or at least to the local authorities; and if, on inquiry, it is found that his name is on the military rolls he should request that it be struck off, calling attention to the naturalization treaty between this country and Austria-Hungary published in 1871. The laws of Austria-Hungary require every stranger to produce a passport on entering. This provision is not usually enforced, but may be at any time. Travelers are usually called upon to establish their identity and are advised to provide themselves with passports. They do not ordinarily require to be viséed. A native of Austria or Hungary will probably experience difficulty in establishing his status if he returns to his original country bearing an American naturalization certificate and passport issued in a name different from his original name Such a person, if his name has been changed by order of a court, should take with him a properly authenticated copy of the order of the court; if the change of name was not legally made, he should obtain from the court in which he was naturalized a new certificate of naturalization in his lawful name, and his passport application should agree therewith. Attention is called to the following provisions of the second section of the Expatriation Act, of March 2, 1907: That any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign State in conformity with its laws, or when he has taken an oath of allegiance to any foreign State. When any naturalized citizen shall have resided for two years in the foreign State from which he came, or for five years in any other foreign State it shall be presumed that he has ceased to be an American citizens and the place of his general abode shall be deemed his place of residence during said years: Provided, however, That such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe: And provided also, That no American citizen shall be allowed to expatriate himself when this country is at war. 'merican citizens in Austria-Hungary should apply for registration in the nearest American consulates. DEPARTMENT of State, Washington, May 15, 1912. CITIZENSHIP OF RUDOLF WARREN-LIPPIT. File No. 21158. The Chargé of Austria-Hungary to the Secretary of State. No. 2028.] [Translation.] AUSTRO-HUNGARIAN EMBASSY, Manchester, Mass., August 18, 1909. YOUR EXCELLENCY: Rudolf Warren-Lippit, residing and owning property at Thurnisch, Rann Parish, Steiermark, Austria, claims to be an American citizen and is also in possession of a passport issued by the former United States Legation at Vienna, No. 104, and dated December 31, 1879. The Austro-Hungarian ministry of foreign affairs has instructed me to ascertain whether Mr. Rudolf Warren-Lippit, as well as his son of the same name, born in 1890 at Thurnisch, Steiermark, are really American citizens. I therefore have the honor to request your excellency to kindly have this information procured, and permit myself to await an answer in due course. Please accept, etc., L. AMBRÓZY. File No. 21158. The Acting Secretary of State to the Chargé of Austria-Hungary. No. 471.] DEPARTMENT OF STATE, Washington, September 8, 1909. SIR: I have the honor to acknowledge the receipt of your note of the 18th ultimo, in which, under instructions from your Government, you make inquiry as to the citizenship of Mr. Rudolf Warren-Lippit, residing at Thurnisch, Rann parish, Steirmark, and his son, bearing the same name, who was born at Thurnisch in 1890. In reply I have the honor to advise you that the matter has been brought to the attention of the American Embassy at- Vienna, with instructions to investigate and report in regard to the status of the two Lippits. Upon receipt of the embassy's report the department will have pleasure in advising you further in the matter. Accept, etc., File No. 21158. No. 358.] ALVEY A. ADEE. The Acting Secretary of State to Chargé Rives. Washington, September 8, 1909. SIR: I inclose herewith a translation of a note from the AustroHungarian Embassy at this capital, making inquiry as to the citizenship of Rudolf Warren-Lippit, residing at Thurnisch, Rann parish, Steirmark, and of his son, bearing the same name, who was born at Thurnisch in 1890. It appears from the department's records that a passport, No. 104, was issued to the elder Lippit by the legation at Vienna on December 31, 1879. A memorandum in regard to the issuance of this passport was received with a dispatch, No. 273, of December 31, 1879, and reads as follows: December 31. No. 104. Rudolf G. W. Lippit, of Providence, R. I. Given upon affidavit of being a native citizen of the United States, born at Vienna, son of George. W. Lippit, who at the time of his birth was there resident as secretary of the United States Legation to Austria. Personally known. Your attention is called to the provisions of section 1993 of the Revised Statutes, which reads as follows: All children heretofore born or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States, but the rights of citizenship shall not descend to children whose fathers never resided in the United States. Under this statute if the younger Lippit is to be considered a citizen of the United States he must show that not only was his father a citizen of the United States at the time of his (the son's) birth, but that his father had resided at some time in this country. Your attention is further called to section-6 of the act of March 2, 1907, which provides— That all children born outside the limits of the United States who are citizens thereof in accordance with the provisions of section nineteen hundred and ninety-three of the Revised Statutes of the United States and who continue to reside outside the United States shall, in order to receive the protection of this Government, be required, upon reaching the age of eighteen years, to record at an American consulate their intention to become residents and remain citizens of the United States, and shall be further required to take the oath of allegiance to the United States upon attaining their majority. Thus, even if the younger Lippit was born a citizen of the United States, it will be necessary for him, before he can receive the protection of this Government, to record at an American consulate his intention to become a resident and remain a citizen of the United States. It does not appear from the department's records that he has yet made this declaration, nor does it appear that a passport has ever been issued to him. The department desires that you investigate and report in regard to the status of the two Lippits. I am, etc., ALVEY A. ADEE. File No. 21158/2. The Chargé of Austria-Hungary to the Secretary of State. No. 536.] [Translation. AUSTRO-HUNGARIAN EMBASSY, YOUR EXCELLENCY: In the esteemed note of September 8, 1909, Serial No. 471, your excellency had the kindness to advise me that the American Embassy in Vienna has been directed to make inquiries in regard to the citizens ip of Rudolf Warren-Lippit, sr., and his son, of the same name, and to report the results. I should feel deeply obliged if your excellency would be so good as to communicate to me the results of the investigation made in this matter by the American Embassy at Vienna. I avail, etc., L. AMBRÓZY. File No. 21158/2. No. 512.] The Secretary of State to the Chargé of Austria-Hungary. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your note of the 10th instant, referring to previous correspondence and making inquiry as to the status of the citizenship case of Rudolf Warren-Lippit and his son. In reply I have the honor to inform you that the matter has again been brought to the attention of the American Embassy at Vienna, with instructions for an early report. Assuring you that the result of the embassy's investigation will be immediately communicated to you upon its receipt, I avail, etc., File No. 21158/2. (For Mr. Knox), HUNTINGTON WILSON. No. 409.] The Secretary of State to Chargé Rives. DEPARTMENT OF STATE, Washington, March 24, 1910. SIR: Referring to instruction No. 358, of September 8, 1909, inclosing a translation of a note from the embassy of Austria-Hungary at this capital wherein inquiry was made as to the citizenship of Rudolf Warren-Lippit, residing at Thurnisch, Rann Parish, Steir mark, and of his son, bearing the same name, who was born at Thurnisch in 1890, you are informed that the embassy has again addressed the department, requesting to be advised of the result of the investigation of the matter. The department would be pleased to receive your report on the subject at as early date as may be practicable. I am, etc., (For Mr. Knox), HUNTINGTON WILSON. |