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treasury, will cause a great inconvenience to the service. Moreover, the Imperial Government taking into consideration the objections raised with regard to article 51 and to article 54 of Title IV relative to the exemptions as already stricken from the second paragraph of said article 51, modified article 54 in the following manner: "Avis des ambassades et consulats" which will not be exhibited before the Ottoman tribunals.

In view of the haste shown by the Sublime Porte to satisfy the criticismis which have been presented to it on this subject, the imperial ministry is pleased to hope that the legation of the United States of America will be willing, in its sentiments of high equity and its desire so many times manifested, to facilitate the action of the imperial authorities, to whom it expects to give the necessary instructions, in order that the law in question be equally applied to its citizens on the date set forth, viz, the 1/14 of July, 1904.

[Inclosure 2.-Translation.]

Note verbale.

AMERICAN LEGATION, Constantinople, July 12, 1904.

With its note verbale of the 6th of July, 1904, the imperial ministry of foreign affairs kindly communicated to the legation of the United States of America some modifications introduced into the new stamp law.

The imperial ministry at the same time expressed the desire that the necessary instructions should be given by the United States legation, in view of the application of the law in question, to American subjects on the appointed date, namely, the 1/14 of July of the current year.

In reply the legation of the United States of America begs to observe that so long as the instructions already requested on this subject from its Government are not in hand it does not feel in a position to enter into any discussion on this matter.

It is owing to this consideration that the legation of the United States can but reiterate the conclusions of its note verbale dated June 23, 1904, relative to the application of the law in question to its citizens on the appointed date, i. e., 1/14 of July of this year.

No. 866.]

Mr. Leishman to Mr. Hay.

AMERICAN LEGATION, Constantinople, August 11, 1904. SIR: In reply to your dispatch No. 669, of July 11, 1904, regarding the new Turkish stamp act, I beg to advise that the Ottoman Government is endeavoring to enforce the new "Loi sur le timbre," which is being opposed by all the foreign missions.

As previously advised, I can see little or no objection to the tax itself, and acting under your instructions I have already intimated to the minister for foreign affairs that if the objectionable features. of the bill were removed the legation would offer no objection to its enforcement.

According to the capitulations, foreigners residing in Turkey are exempted from taxation and can not be taxed without the consent of their respective governments. Consequently the Sublime Porte should have first submitted the proposed law to the foreign missions and obtained consent as in time past before attempting to put same into execution, as it would be a dangerous precedent to permit the Turkish Government to either increase or add to the old schedules,

which have been in force since 1890, at their own will and pleasure, for what may be granted as a courtesy can not be conceded as a right. The Porte has already expressed its intention of eliminating the objectionable articles in the new law mentioned in my previous dispatch, but has not yet put the same into practical execution. As time goes by the Turkish officials themselves find the wording of the new law so ambiguous and complicated that even the department which issued it experiences difficulty in defining same, so that it will in all probability have to be recast.

I have, etc.,

JOHN G. A. LEISHMAN.

Mr. Leishman to Mr. Hay.

No. 912.]

AMERICAN LEGATION, Constantinople, October 13, 1904.

SIR: Referring further to my dispatch No. 866, of August 11, 1904, in reference to the proposed new stamp law.

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The objections raised were communicated in an informal manner, and as a matter of fact the Turkish department's officials experienced so much difficulty in interpreting the new law, which was clumsily drawn up, that the Sublime Porte has come to the conclusion that a complete revision of the law is necessary, and a commission composed of members of the council of state has been appointed to review the bill and make the necessary corrections.

Under these circumstances I deemed it wise to lodge a protest with the Sublime Porte against any efforts to enforce the new law against American citizens until such time as it be formally accepted by the American Government, fearing that tacit action might be construed as an acceptance; but I have advised the consuls that, as the Department was not disposed to raise any objection to the slight increase in the schedule, acceptance of the new law merely being withheld for reasons of general policy until such time as the objectionable articles were eliminated, in order to avoid any unnecessary trouble or complications, Americans should be quietly advised to pay the tax imposed under the new law under protest.

Trusting that my action will meet with the approval of the Department, I have, etc.,

JOHN G. A. LEISHMAN.

Mr. Loomis to Mr. Jay.

No. 718.]

DEPARTMENT OF STATE,
Washington, November 4, 1904.

SIR: I have to acknowledge the receipt of Mr. Leishman's No. 912, of the 13th ultimo, in further relation to the proposed new stamp law. Mr. Leishman's course in protesting to the Turkish Government against the imposition of such a tax upon American citizens in Turkey is approved.

I am, etc.,

F. B. LOOMIS,
Acting Secretary.

FRAUDULENT NATURALIZATION OF STELIO E. PAPPADIMITRIOU.

Mr. Leishman to Mr. Hay.

No. 902.]

AMERICAN LEGATION, Constantinople, September 29, 1904. SIR: I beg to inclose herewith for the Department's information copy of a recent dispatch sent by the legation to the consul at Smyrna regarding a probable case of fraudulent naturalization and irregular manner in which one Stelio E. Pappadimitriou secured a renewal of his passport.

As Consul Lane has already written to the Department upon this case and has been directed by the legation to examine into the matter thoroughly and report the result of his investigation to you, it is unnecessary for me to enter into further details.

I am quite of the opinion that many citizens of Ottoman origin have secured their naturalization in an irregular manner, and as the number of passport applications have fallen off tremendously during the past year or two, owing to the reports circulated by rejected applicants regarding the strictness in the examination, that it is altogether possible that the means resorted to by Pappadimitriou may be adopted by others.

The Ottoman regulations forbid anyone to enter Turkey without having their passports properly viséed, and as a matter of control requires the officials at the place of entry, whether such consular viséexists or not, to affix their seal or some other mark on the back of the passport. I therefore respectfully request the Department to authorze the legation to instruct all the American consular officers in Turkey not to recognize or protect, before first referring the matter to the legation, naturalized citizens of Ottoman origin whose American passports have not been viséed by an Ottoman consular officer or which do not show on the face that the bearers have reentered their native land in a regular and proper manner, it being understood of course that a regulation of this character would not apply to holders of valid passports issued by the legation.

The issuance of such instuctions to the consular officers would, in my opinion, correct the evil to a very considerable extent and would have a decided tendency to discourage this very undesirable class from attempting to secure passports in an irregular manner through their friends in America.

I have, etc.,

JOHN G. A. LEISHMAN.

[Inclosure.]

Mr. Leishman to Mr. Lane,

AMERICAN LEGATION, Constantinople, September 29, 1904.

SIR: From information received through the consulate-general it appears that one Stelio E. Pappadimitriou, professing to be a naturalized citizen of the United States residing in your district, recently obtained a passport from the Department of State while continuing to reside in Turkey, which could only have been obtained by fraudulent representation, as the Department would not knowingly issue a passport to a nonresident.

A man who would resort to this position would certainly not hesitate to take false oath, so that your suspicion that he may have originally obtained his naturalization certificate without having resided in the United States for the period demanded by law may prove to be well founded.

You should send for the man at once and put him under a thorough and rigid examination, and if you find that he obtained a passport from Washington while residing in Turkey his name should be erased from the consulate's register and his passport taken up and forwarded to the Department, together with a full statement of the facts, including the name of his friend in New York through whom the passport was obtained.

Pappadimitriou should also be carefully questioned as to the manner in which he secured his naturalization, and if you are convinced that his certificate was obtained by fraudulent representations it should also be taken from him and sent to Washington, with a detailed report of your investigation.

The amount of fraudulent naturalization is simply appalling, and every consular officer in Turkey should use his every effort to assist the Department in the active and determined effort which it is making to put an end to the existing evil.

I am, etc.,

No. 914.]

Mr. Leishman to Mr. Hay.

JOHN G. A. LEISHMAN.

AMERICAN LEGATION, Constantinople, October 13, 1904.

SIR: I have the honor to inclose in further reference to my dispatch No. 902, of September 29, 1904, copy of dispatch received from the American consul at Smyrna stating that Stelio E. Pappadimitriou obtained his naturalization papers after four years and nine months partial residence in America.

I have, etc.,

JOHN G. A. LEISHMAN.

[Inclosure.]

Mr. Lane to Mr. Leishman.

AMERICAN CONSULATE,

Smyrna, October 4, 1904.

SIR: I have to acknowledge receipt of legation dispatch dated the 29th ultimo concerning Stelio E. Pappadimitriou, and replying thereto I have to say that I evidently omitted to state in my No. 218 to the Department of State on this subject that Pappadimitriou claims to have been in America when he made his application for passport in June last. However, the slip had good results, for I interrogated him again about the dates of his several trips to America and brought out a discrepancy in his dates of arrival and departure, showing that he was three months short of five years' residence in applying for his citizenship papers.

He further betrayed the fact that he had been absent from the United States for very considerable periods during the time that he was supposed to be continuously residing in America.

He evidently was frightened at my cross-examination and let out more than he intended. After contradicting himself several times I told him to be careful to state the truth, as he might be required to testify on oath. He then gave me

the following statement concerning the dates of arrival and departure to and from New York:

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His excuse for the long absences after his declaration of intention to become a citizen is that he was sent abroad as the agent of the Harbison-Walker Company, of Pittsburg, Pa. (this I believe is true, as he has on file at this consulate since September, 1901, a power of attorney from the Harbison-Walker Company).

On the strength of these statements I have taken up Stelio E. Pappadimitriou's papers, which consist of a certificate of naturalization and two passports, the first having been issued at London by Ambassador Choate in July, 1902, and the second issued at Washington by Secretary of State Hay on July 16, 1904. The certificate of naturalization is issued by a district court of the United States, southern district of New York, on July 1, 1902.

I am, etc.,

RUFUS W. LANE.

Mr. Adee to Mr. Leishman.

No. 716.]

DEPARTMENT OF STATE,

Washington, October 25, 1904. SIR: The Department has received your No. 902, of the 29th ultimo, concerning the case of Stelio E. Pappadimitriou, and requesting authority to instruct American consuls in Turkey not to recognize or protect, before first referring the matter to the legation, naturalized American citizens of Ottoman origin who hold passports which have not be viséed by Ottoman consular officers, or which do not show that the holders have reentered Turkey in a regular and proper

manner.

While such a regulation would, as you suggest, render it more difficult than it now is for a person who has by fraud secured a passport through some confederate in this country to make use of it in Turkey, the Department is, nevertheless, unwilling to authorize a practice which would amount to a discrimination in the protection of American citizens in Turkey, and thus offend the spirit of sections 1999 and 2000 of the Revised Statutes of the United States. If the holder of a passport has obtained it honestly and has not forfeited his allegiance to the United States his right to recognition and protection as a citizen of the United States can not properly be made dependent upon his having complied with or evaded the Turkish port and frontier regulations; and it would not be safe to assume that the holder of a passport which contains no Turkish visé has returned to Turkey as a Turkish subject and is consequently not entitled to the protection of this Government. If the holder of a passport applies to a consular officer for protection the fact that his passport bears no Turkish visé may naturally arouse suspicion and the circumstances surrounding his entrance into Turkey and reside there should be carefully scrutinized; but the passport is prima facie proof of citizenship and right to protection and a consular officer must so accept it unless it is set aside by proof of fraud or deceit, and in case of doubt a consular officer should apply to your legation for instructions.

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AMERICAN LEGATION, Constantinople, November 8, 1904.

SIR: I have the honor to inclose copy of a dispatch from the consulate-general, which itself incloses copy of a dispatch from the

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