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SWITZERLAND.

REFUSAL OF PASSPORT TO JACOB WERTLI.

Mr. Hill to Mr. Hay.

No. 54.]

AMERICAN LEGATION. Berne, Switzerland, August 11, 1904.

SIR: I have the honor to present to you herewith the case of Jacob Wertli, who on the 6th instant applied, through the American consulate at Zurich, to this legation for a passport. The legation considers the case to be one of doubtful identity, which should be reported to the Department of State.

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As will be seen from inclosure (1), Mr. Jacob Wertli applied on June 23, 1902, for a passport, stating himself to be a naturalized citizen of the United States and presenting as evidence a passport issued by the Department in 1877 to one James M. Vertly. He, however, signed his name Jacob Vertley. Also, from inclosure (1) it will be seen that the passport issued in 1877 was unsigned until signed in 1902 by Wertli in the presence of the consul at St. Gall. Because of this difference in the names, and for other reasons stated in inclosure (2), the legation declined to issue a passport to Wertli.

Now under date of August 6, 1904, Mr. Wertli again applies for a passport, this time through the United States consulate at Zurich, claiming to be a native citizen, and presenting as evidence passport No. 60616, of July 21, 1902, issued by the Department of State.

The legation is unable to satisfy itself that the Jacob Wertli who now applies for a passport as a native citizen of the United States, and who in 1902 applied under the name of Jacob Vertley and as a naturalized citizen, really is the James M. Vertley to whom the Department issued a passport in 1877.

Upon decision of the case the legation would be pleased to have the Department return inclosures (the passport application and expired passport).

I am, etc.,

DAVID J. HILL.

[Inclosure 1.]

Mr. Simon to Mr. Hardy.

AMERICAN CONSULATE-GENERAL,
St. Gall, June 23, 1902.

SIR: I send you herewith inclosed an application for a passport of one Jacob Vertley, together with some other correspondence pertaining to his application. In view of the fact that the produced long-expired passport was issued for James M. Vertley, and not to Jacob Vertley, as he signs now, I have suggested

to him to send for a copy of his naturalization certificate. He is, however, unwilling to do so, and urges that his application be forwarded to you as it is. Upon my inquiry why the name in the old passport does not correspond with his present one, he replied: In former days I signed my name that way, believing that James and Jacob meant the same thing." An old schoolmate of his, whom he brought here for the purpose of identification, says that he knows the applicant well, but knows him only by the name "Jacob Wertli."

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I feel fully convinced that Mr. Vertley has resided in the United States for a long time, but whether he is the real owner of the inclosed passport is a question, and his unwillingness to send for a copy of his naturalization certificate gives the matter a kind of a doubtful appearance. The old passport (inclosed) was not signed and Mr. Vertley has only put his name to it while here.

Very respectfully,

[Inclosure 2.]

Mr. Hardy to Mr. Simon.

JOSEPH SIMON.

AMERICAN LEGATION, Berne, Switzerland, June 26, 1902.

SIR: I beg to acknowledge the receipt of your letter of June 23 instant, inclosing the application of Mr. Jacob Vertley, together with other correspondence pertaining to the application, and an old passport, No. 506, issued by the Department of State on April 16, 1877, to Mr. James M. Vertley, which you inform me was unsigned and has only been signed recently in your presence. The signature Jacob Vertley does not correspond to the name of the person to whom the passport was issued, and under any circumstances the former would have to establish to your complete satisfaction that he is the identical person, James M. Vertley, to whom the passport belongs.

In addition to this irregularity the applicant alleges that his naturalization papers have been destroyed by fire. In this case the regulations require that the applicant should obtain a certified copy of the original certificate of naturalization from the court which issued the same.

His unwillingness to send for a copy, taken in connection with the fact that the signature he affixed in your presence is not the name on the face of the passport, furnishes sufficient reason for questioning whether he is the real owner of the passport in question. The fact that he has resided in the United States is not proof of naturalization.

You will inform Mr. Vertley that in order to secure a passport he must furnish proof of naturalization as indicated above.

Yours, respectfully,

ARTHUR S. HARDY.

[Inclosure 3.]

Mr. Simon to Mr. Hill.

AMERICAN CONSULATE,
Zurich, August 6, 1904.

SIR: I send you herewith inclosed, for your consideration, passport application and expired passport of Jacob Wertli.

If I remember right, about three years ago this man Wertli made application in St. Gall as being a naturalized citizen. A passport was refused him at that time, and I believe it was on the ground that his name in his naturalization certificate and that one on an old passport did not read alike-in one it was "Vertley" and in the other "Wertli.”

Now he makes the most positive statement that he was born in St. Louis. I think my correspondence on file there on this matter, from St. Gall, in 1900, 1901, or 1902, will bring some light on the subject.

Very respectfully,

JOSEPH SIMON.

No. 60.]

Mr. Adee to Mr. Hill.

DEPARTMENT OF STATE, Washington, August 31, 1904.

SIR: I have to acknowledge the receipt of your No. 54 of the 11th instant submitting, for the Department's instructions with reference thereto, the application for a passport addressed to the legation by Jacob Wertli, through the American consulate at Zurich.

In reply I have to say that on April 16, 1877, passport No. 506 was issued to James M. Vertley, upon an application showing he was born in the city of Bremgarten, Canton of Aargau, Switzerland, September 17, 1852. He submitted a certificate of naturalization issued by the Monroe County court, New York, September 25, 1876. On the application he signed his name twice as James M. Vertley, and the signature does not resemble in the least the signature of Jacob Wertli on the passport No. 60616, issued July 21, 1902, or upon the application made before the consulate at Zurich July 23, 1904.

The application of Jacob Wertli, upon which passport No. 60616 was issued July 21, 1902, stated he was born in St. Louis, Mo., September 22, 1851, that his father was a naturalized citizen of the United States, his permanent residence at St. Louis, and his occupation that of a civil engineer. Except that he says in his application at Zurich that he was born September 19, his allegations in the two applications agree. James M. Vertley was born September 17, 1852, and his height, when he was 24 years old, was 5 feet 3 inches, whereas Jacob Wertli's height is 5 feet 4 inches. In other respects the descrip

tions are similar.

The discrepancy in the names and in the places of birth and the dissimilarity in penmanship would seem to indicate that James M. Vertley and Jacob Wertli are not the same person, and that Wertli is falsely impersonating Vertley.

A searching examination of Wertli should be made, supplemented by such independent investigation as may be possible. If a clear and satisfactory explanation of the suspicion of fraud surrounding the case is made, a passport may issue, but not otherwise. And if the suspicion of fraud is confirmed, an effort should be made to find out where the party or parties thereto in the United States are located, in order that the case may be referred to the Department of Justice.

I return, in accordance with your request, the inclosure to your dispatch, namely, Mr. Wertli's passport application and his expired passport. ALVEY A. ADEE, Acting Secretary.

I am, etc.,

Mr. Boutell to Mr. Hay.

AMERICAN LEGATION,

No. 60.]

Berne, Switzerland, September 24, 1904.

SIR: I have the honor to acknowledge the receipt of your No. 60 of August 31, 1904, relating to the case of Jacob Wertli, who applied to the legation for a passport through the American consulate at

Zurich. In accordance with your instructions, the legation has attempted to investigate the case, and has also instructed the consul at Zurich to do so. The legation wrote to the civil office at Bremgarten for information as to the birth of Jacob Wertli, and received the same information as that given to the consul and embodied in the consul's letter, a copy of which I inclose herewith. Mr. Wertli himself refuses to call at the consulate at Zurich, or to explain any of his conflicting statements. The legation has, therefore, refused to issue the passport, in accordance with your instructions, and has informed by card the various embassies and legations, as well as the consul at Zurich.

I am, etc.,

ROGER S. G. BOUTELL.

[Inclosure.]

Mr. Lieberknecht to Mr. Boutell.

AMERICAN CONSULATE,

Zurich, September 23, 1904.

SIR Referring to your letter of the 9th instant, with inclosure of a copy of Department's dispatch No. 60, in regard to the passport application of Jacob Wertli, I beg leave to report:

My inquiry addressed to the Civilstandsamt (recorder of vital statistics) at Bremgarten, Canton Aargau, elicited the fact that said Jacob Wertli is well known in Bremgarten, but that his birth is not registered there.. The recorder, Mr. Gelvig, then went to Zufikon, the community in which Jacob Wertli is said to be at home, and made personal inspection of the register of births there, but said name was not to be found. Mr. Jacob Wertli has a sister living in Bremgarten by the name of Sidler Wertli, but she is unable to give date or birthplace of her brother, but thinks he was born in the Canton of Berne, but others think he was born in the Canton of Solothurn.

I have addressed a letter to Mr. Wertli requesting him to call at this consulate, but up to this writing he has not yet appeared, and I believe he will not. In a conversation with Mr. Simon, who took his application for passport, he informed me that Mr. Wertli could not produce his marriage certificate, as he has lost it.

Everything seems to indicate that Mr. Wertli has made false statements sometime and somewhere. The Civilstandsamt at Bremgarten promised to give further information about Mr. Wertli if they could at any time find out something, and I shall promptly report to you whatever I may learn in the case.

Your obedient servant,

FR 1904 M- -52

A. LIEBERKNECHT.

TURKEY.

NEGOTIATIONS WITH THE TURKISH GOVERNMENT WITH REFERENCE TO OFFICIAL RECOGNITION OF AMERICAN EDUCATIONAL, CHARITABLE, AND RELIGIOUS INSTITUTIONS IN TURKEY, AND OTHER PENDING QUESTIONS.

[Continuation of correspondence in Foreign Relations, 1903, p 735 et seq.]

Mr. Leishman to Mr. Hay.

[Telegram.-Paraphrase.]

AMERICAN LEGATION,
Pera, January 17, 1904.

(Mr. Leishman reports that, as reported in previous correspondence, an effort has been made ever since the fleet arrived to resist a settlement of the pending questions as long as the fleet remains in Turkish waters. The situation remains practically unchanged, and constant efforts to induce the minister for foreign affairs to bring the matter to a settlement remain unsuccessful, as he is impotent, despite his friendly disposition. All power is vested in the Sultan, who can not be approached either by Mr. Leishman or the minister for foreign affairs except by permission, and the latter can discuss only such questions as the Sultan desires.)

Mr. Hay to Mr. Leishman.

[Telegram.--Paraphrase.]

DEPARTMENT OF STATE, Washington, January 19, 1904.

(In view of Mr. Leishman's telegram of the 17th instant, Mr. Hay informs him that the continued presence of the American vessels in Turkish waters seems to obstruct the negotiations for the settlement of the pending question, and they will therefore be withdrawn at the end of the month. Instructs him to intimate that the temporary withdrawal of the vessels is directed in order to facilitate prompt disposition of the pending questions.)

Mr. Leishman to Mr. Hay.

[Telegram.-Paraphrase.]

AMERICAN LEGATION,
Pera, January 31, 1904.

(Mr. Leishman reports that a note has just been delivered by the powers in regard to the Macedonian reforms, and that the withdrawal

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