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contractor is obliged to lodge and board him without any extra charge during the time of the delay or during the interval till the sailing of the next ship.
The contractor has the same obligation, in case the passage is interrupted on account of any unavoidable hindrance, in which case the contractor is bound to cause the further conveyance of the emigrant and his luggage after the removal of the hindrance for the price fixed in the contract on the same ship, or if the same could not continue the voyage then by the next suitable ship.
In the latter case the contractor is fully responsible for the conveyance on the other ship.
Except in the case of "vis major" it is not allowed to bring the emigrant on board of any other ship.
If the delay in sailing from the harbor of embarkation or in continuing the passage lasts longer than a week, it is dependent upon the emigrant's choice either to make the passage according to the stipulations of the contract, or to continue the passage or to cancel the said contract.
In both cases he is entitled to claim the damages (deprivation of earnings and traveling expenses) he incurred in consequence of the delay, according to the general regulations of the law.
It is forbidden to make arrangements for the emigrant's paying off the fares either by work during the passage or, in full or in part, after the arrival at the place of destination. It is further forbidden to restrict the emigrant's free choice as to his place of residence or his profession.
The infringement of this prohibition, as well as the violation of the obligations contained in § 27 of the law, are to be punished, according to sec. 4 of § 44 of the law, by confinement up to two months or a fine up to 600 K.
§ 47. In the following cases the emigrant can withdraw himself from the contract and demand the return of the full fare previously paid:
(a) If the departure does not take place within a week after the fixed time.
(b) If the emigrant, or any one of the members of his family accompanying him, should die before sailing, or is prevented from sailing by sickness or any other circumstance beyond his control.
If the emigrant withdraws himself from the contract for any other than the above-mentioned reasons, he can only claim the return of three-fourths of the
Arrangements contradictory to these regulations are invalid.
EQUIPMENT OF THE SHIPS AND INSPECTION OF THE SAME.
§ 48. Both the contractor and the captain of the ship are obliged to provide that the ship destined for transoceanic conveyance be perfectly fit for the intended voyage, fitted out as prescribed, equipped, and supplied with provisions. According to § 34 of the law, the use of such ships only is allowed for transoceanic conveyance as make voyages to extra-European harbors, and which transport 25 steerage passengers (3rd class) at least, and by their qualities and safety are suitable for sea voyages.
§ 49. The quality of the ships intended for the conveyance of emigrants, their safety, their equipment and accommodations, their supply of provisions, the inspection and control of the same by the authorities; further, the medical examination of the travelers and crew, the prohibition of sick people to embark; finally, the embarkation and the sanitary and moral protection of the emigrants is, according to § 34 of the law, the subject of a special decree issued in agreement with the minister of commerce.
§ 50. The commission upon whose jurisdiction the inspection of the vessels devolves has to forbid the use of such ships as emigrant vessels which do not correspond to the prescribed requirements, and in case of need, to hinder the embarkation of emigrants by assistance of the frontier police.
§ 51. If the contractor or the ship's master does not comply with the regulations concerning the ships contained in § 32 and 34 of the law, or with the ordinances issued in connection therewith, or does not conform with these regulations 24 hours before going to sea, he will be punished, on the basis of § 44 of the law, with arrest up to two months or a fine up to 600 K., even if he should commit these omissions and violations of the prescriptions in a foreign country.
If the ship is found unfit for conveyance of emigrants, the emigrants will be brought to their places of residence or to their places of destination at the expense of the contractor. In this case the emigrants have the right to withdraw from the contract. The amount paid has to be returned to them.
COMPLAINTS AND THE SETTLEMENT OF SAME.
§ 52. The emigrants can make complaints against the contractor or his agent, respectively, the representative, the master of the ship, or against those persons being in charge of the accommodation arrangements, for nonfulfilment of their duties, as prescribed by the law and by the ordinances, or for abuses committed by them:
(1) To the head of village, the supreme judge, or the captain of police.
(2) At Fiume to the police authorities and to the authorities of the Royal Government.
(3) In foreign countries to the Austro-Hungarian consulates.
The complaints can be submitted either by letter or in person; in the latter case the minutes have to be drawn up.
The complaints can be entered into the protocol of complaints, either by the emigrant himself or, if he can not write, by any other person.
The authorities have to settle cases of complaints at once, as far as the same fall within their jurisdiction. If the authorities are not competent, they have to refer the complaint to the authority within whose jurisdiction the same falls.
DUTIES OF THE OTHER GOVERNMENT BOARDS RELATIVE TO EMIGRATION.
§ 62. In general the executive authorities are obliged to follow the matter of emigration within their jurisdiction with vigilance; to ascertain the reasons of emigration and to find out the means which would put an end to or restrict the same; to take measures in their several jurisdictions toward the removal or the moderation of national, economical, moral, and other evils caused by emigration, or to call the attention of the superior or subordinate authorities to the necessary
§ 63. It is the duty of the highest officer of the municipal town to examine the contracts forwarded to him by the contractor, his representative or agent, in accordance with § 26 of the law, as to their being in accordance with the requirements of the law and this instruction. In case of irregularity he has to take the necessary steps.
After examination as above prescribed the contracts are sent, in places with regularly appointed magistrates, by the vice-governor of the comitat to the chief of police, as well as, through the superior presiding judge, to the heads of munieipalities; by the mayor of municipal towns to the chief of police, and by the mayor of the capital to the chief of the royal government police.
§ 64. Duties of the police authorities of first instance :
(a) To hinder such persons who possess no passport, or who are not allowed to emigrate on account of a reason stated by law, or by § 2 of this instruction, from emigrating.
For this purpose they are especially obliged to superintend continuously the railway lines and means of communications passing places lying on the frontier, and passing through centres of traffic as well as through neighboring municipalities, to force persons under suspicion of intending to emigrate to prove their identity and to arrest those who possess no passport or who are in trouble with the police.
(b) To punish persons who incite others to emigrate, and to find out and to punish the agents of contractors who are prohibited to undertake transports of emigrants, and to act according to §§ 46-48 of the law and §§ 67-70 of this instruction relative to letters, printed matter, and ship tickets sent out by them.
(c) To control the actions of licensed contractors from time to time or in cases of complaints to examine the management of the business and the books; to issue instructions for settlement of complaints on the basis of the civil law, and to take measures against those persons who violate the regulations.
(d) To make reports on important cases, and on such cases as require the action of the superior authorities.
(e) To examine the contracts submitted to them by the highest officer of the municipal town, in compliance to § 63, from their own point of view, and to open proceedings in case of suspected violation of the regulations; besides this the superior presiding judge (Oberstuhlrichter) has to refer the contracts to the competent head of the municipality, and to keep an eye upon his actions in emigration matters.
The chief of police of municipal towns, as well as of places with regularly appointed magistrates, finally the chief of the royal government police of the metropolis must, besides the duties contained in these paragraphs, also comply with the obligations as prescribed by sec. (a), (d), and (e) of § 65.
§ 65. The head of a municipality:
(a) It is his duty, when application for a passport is made, to ascertain from the statements of the applicant, or from those of other persons examined for this purpose, and after having taken into consideration the circumstances as to whether an intention to emigrate exists, and if this be the case, whether the same is not contradictory to one of the reasons disallowing the same as specified in the law or in this instruction; that is to say, whether the requirements prescribed by them have been complied with.
(b) He has, at once, to report to the superior presiding judge if he learns, or if he suspects, that a member of the municipality entices anyone to emigrate, or intervenes in cases of emigration.
(c) He has to follow the same course when he learns that a member of his municipality intends to emigrate without a passport.
(d) He has to give information to emigrants both regarding the obtaining of passports as well as any other matter.
(e) He has carefully to take charge of the contracts delivered to him.
A special ordinance will regulate the duties of the heads of municipalities as to the conducting of registers relative to emigrants, as well as to the furnishing of statistical data.
CHAPTER VI.-Criminal procedure.
§ 66. The criminal procedure, on account of infringement of the regulations fixed by the law and by this instruction, or on account of nonperformance of same, will be fixed in § 44-48 of the law.
The criminal procedure will be prescribed individually, in so far as the same refers to the contractor, his representative, the master of the vessel, and the agent.
Besides this, anyone who incites to emigration at a public meeting by speeches or by distribution or exhibition of printed matter or pamphlets commits an infringement of law, and is to be punished with arrest of not more than two months and by a fine of not more than 600 K. In accordance with § 48 of the law anyone is guilty of a misdemeanor and is to be punished likewise with arrest up to two months and a fine up to 600 K, who publishes by means of the press announcements and notices relating to emigration, contractors and their agents as have no license from the minister of the interior.
§ 67. The Government authorities referred to in § 49 shall have police jurisdiction in cases relating to emigration, in so far as the infringements were not committed by means of the press.
When the infringements determined by the law are committed by means of the press or by printed books notice is to be given to the competent royal office of the public prosecutor.
The Government authorities have to judge the infringements coming under their jurisdiction in accordance with the regulations concerning the police penal court.
The following upon such infringements have to be begun at once and have to be settled as soon as possible:
§ 68. The letters and ship tickets sent out by home or foreign managers of transportation establishments, their representatives, or agents, who have no license shall be seized and confiscated in each single case as corpora delicti."
The publications and printed matter sent from foreign countries by foreign managers, as well as their representatives and agents, having no license shall be confiscated by the police authorities if it is not possible to prosecute the persons responsible therefor on account of their residing abroad or any other reason. The publications and printed matter confiscated in this way have to be forwarded without delay, for obtaining the consent for confiscation and destruction, to the office of the public prosecutor in whose district the confiscation was effected.
If the infringement by means of the press or by printed matter was committed by a subject of this country, or a foreigner residing in this country, and therefore the press criminal proceedings can be entered upon against a certain person responsible according to the press laws, the matter has to be referred
to the royal office of public prosecutor within whose district the printed matter of the publication in question has been distributed, for obtaining the consent of confiscation of the printed matter or the publication which formed the subject of the infringement, as well as for the purpose of entering upon the prosecution. In case the interfering police authorities have learned, however, that the printed matter in question has already been confiscated by another authority, or that the royal office of public prosecutor has already been asked to take the necessary steps as to the confiscation and the opening of the proceedings, then they need not forward the printed matter to their own competent office of public prosecutor, or to refer the case to the same, but to that office which is the competent one relative to the territory for the other authorities (which have previously seized the printed matter).
§ 69. It is a strict duty of the police authorities to act on occasions of confiscations and seizures with the greatest care and discretion, and in such a manner that these measures do not degenerate into a molestation or into an unauthorized violation of the secrecy of letters.
It is therefore the duty of the police authorities in suspicious cases, when it is supposed that the letter contains prohibited proclamations, printed matter, or ship tickets, to convince themselves that their suspicion is a reasonable one. The suspicion is a reasonable one if the letter is stamped with the stamp or the imprint of a known contractor, agent, or representative having no license; if the letter externally bears no such a mark but has been posted at a place, municipality, or port from which emigrants are conveyed to transoceanic countries, or where managers, agents, and representatives engaged in emigration business are residing, or when the letters are addressed to persons who are suspected of intending to emigrate, or are addressed to such persons from whom it is not supposed on account of their occupation and their standard of education that they have a regular correspondence, and that therefore the correspondence can only be intended to incite and to encourage to emigration.
If the police authorities have sufficient proofs or facts on hand that a closed cover contains forbidden publications, printed matter, or ship tickets, they shall seize the same, in case it was not yet delivered to the addressee, at the postoffice, and if such delivery has been made, at the house of the addressee.
The letter delivered to the authorities by the post-office, as well as the letter seized at the addressee's house, is to be opened in the presence of the addressee, and in case he be not at home, in presence of one of the adult members of his family. Minutes have to be drawn up regarding this proceeding.
In case the letter or the inclosure should not contain argumentative proofs of an infringement of this law or another punishable action, the same shall be returned to the addressee, which fact must be established by statement of date and place at which the letter is posted.
In general the regulations of the instruction No. 130,000/99 b., issued on occasion of the passing into law of the criminal procedure, are to be followed in the carrying out of the seizure.
Budapest, 18th April, 1904.
TRANSPORTATION OF EMIGRANTS FROM HUNGARY.
Mr. Loomis to Mr. Hale.
DEPARTMENT OF STATE,
Washington, October 13, 1904.
(Mr. Loomis states that complaints of fresh discriminations have been made by the Red Star Line, an American corporation, against the Austro-Hungarian Government concerning the transportation of emigrants from Fiume, and instructs him to investigate the matter and to bring it to the attention of the government, and to suggest at the same time favorable consideration for the application of the company for license to do business in Hungary.)
Mr. Hale to Mr. Hay.
SIR: I beg to state that the secretary of the Belgian legation, here at Vienna, informed me some time ago that the Red Star Line had made complaint through his mission of the action on the part of the local authorities at the Hungarian frontier in arresting would-be emigrants for the United States en route via Antwerp and bearing steamship tickets by the Red Star Line, confiscating the said tickets, and either forcing their bearers to return to their native villages or sending them direct to Fiume, alleging that embarkation from that port alone was permissible. Thirty such specific cases have been handed to the foreign office here by the Belgian minister.
The German chargé d'affaires also told me in August last that he had protested on the same grounds in the interests of the German shipping companies, and I have learned on reliable authority that the German ambassador himself last week presented 130 such cases to this Government, and also that the Government of the Netherlands has recently taken similar action. I mention these facts to show that the actions of the Hungarian frontier authorities have not been directed against the Red Star Line alone.
Yesterday morning I sent for Mr. Rudolf Strasser, the general representative of the company at Vienna, who only confirmed what I already knew in the matter. I then asked for an interview with Count Goluchowski, the minister for foreign affairs, who received me in the afternoon. Count Goluchowski stated that in regard to the action of the frontier authorities in seizing the steamship tickets of emigrants going by any line he had already protested strongly against such action to Count Tisza, the Hungarian premier, and that the latter had replied that the necessary instructions would be given immediately prohibiting such violence. When I referred to the application made by the Red Star Line for license to do business in Hungary, and suggested, as per instruction, a favorable consideration of the same, Count Goluchowski said he had heard nothing of it, but would inquire into the matter. He added, however, quite frankly that the Hungarian Government's attitude was not favorable to such a petition; that the granting of the same would naturally entail similar concessions to the German lines, and that the refusal to permit any steamship lines to establish themselves in Hungary was a matter well within the right of that government to decide.
Previous to my reception by Count Goluchowski, but after I had asked to be received by him, I received a letter from Mr. Edward Strasser, the manager of the Red Star Line at Antwerp, stating that he had been notified of your cable instruction to me, first above referred to, and that he would come to Vienna any time after the 20th instant that I would name to fully explain the situation. I have just written to him stating that I was received by Count Goluchowski yesterday and am reporting to-day the result of my interview to the Department, and have suggested that unless he feels that the embassy is not fully enough acquainted with the situation that his journey here is not necessary.
I have, etc.,
Vienna, October 18, 1904.