File No. 6655. No. 27.] The Secretary of State to Ambassador Leishman. DEPARTMENT OF STATE, Washington, June 10, 1907. SIR: The department incloses herewith a copy of letter of the 20th ultimo from the Remington Typewriter Company, of New York City, complaining of the action of the Turkish customs officials at Trebizond in forcibly detaining certain Remington typewriters, the property of that company. As you are aware, there have been several previous protests made by American exporters against the unreasonable restrictions imposed in Turkey on this important export trade. In the present instance, the machines being consigned to Persia and merely passing through Turkey, there would seem to be no excuse for interference or seizure. You are instructed to bring the matter to the urgent attention of the Porte, requesting the immediate release of the machines, unless adequate cause for their detention shall appear. I am, etc., E. ROOT. [Inclosure.] The vice-president of the Remington Typewriter Company to the Secretary of State. REMINGTON TYPEWRITER COMPANY, New York, May 20, 1907. DEAR SIR: We respectfully request the assistance of the United States ambassador at Constantinople to secure the release from detention of certain Remington typewriters, the property of this company, which are forcibly detained by Turkish customs officials at Trebizonde. The facts are as follows: We have perfected, after much expenditure of money and labor, a typewriter for the Arabic character, which is largely employed throughout the East for writing Arabic and cognate languages, such as Turkish, Persian, Urdu (in India), Malayan, etc. In the course of developing business in this new machine we entered into correspondence with one Mirza Mesrof Khan Karam, of Tabriz, in northwestern Persia. As a result of certain arrangements with him, we shipped on the 29th of August, 1906, from the port of New York, per Baldwin's American European Express, on board steamship Baltic, bound for Liverpool, two cases, each containing one Remington typewriter equipped with Arabic characters suitable for writing the Persian language (which are practically identical with those required for Turkish also). These cases, each bearing name and address of consignee in Tabriz above mentioned, were forwarded from Liverpool by the agents of the said express (Stavely & Co., Dale street, Liverpool) by steamer to the Black Sea and landed at Trebizonde, in Turkish dominions, in the care of the agent or representative of Nadidjda & Co., a Russian transportation concern, whose name is mentioned as Minossian. The nonreceipt of the goods in Persia led to an investigation resulting in establishing the fact that the steamship company gave delivery order for said goods to Minossian on December 2/15 last, "but the custom-house had stopped the delivery of the cases for the reason that the characters typographical of the machines were Turque-Arabiques.'” We had no knowledge that the importation of writing machines with Turkish characters was prohibited in the Turkish Empire. In any event, the goods were not destined for any point within that jurisdiction, and we are very desirous of regaining possession of our property in order that they may be sent forward to their ultimate destination. It will be quite evident that no intention existed upon our part to violate any Turkish law (if such exists) forbidding the impor tation of such machines. In fact, we were not aware of any necessity existing for the passage of the goods through Turkish territory, this being merely an incident of transportation. Said machines are now and have at all times since shipped remained the property of this company, having been sent as samples intended to develop a new trade opening which exists in Persia. We believe that the agent Minossian, in Trebizone, being a Russian subject, has already brought the matter of this detention to the notice of the Russian embassy in Constantinople, but we are not advised as to the result. We will feel greatly obliged if you will bring the facts before our ambassador in Constantinople for such action toward securing an order for the release of our property thus wrongfully detained as may properly be taken. Yours, etc., JOHN F. MCCLAIN. File No. 6655/1. No. 321.] Ambassador Leishman to the Secretary of State. AMERICAN EMBASSY, Constantinople, July 12, 1907. SIR: In reply to your instructions No. 217, of the 10th ultimo (file No. 6655), with regard to the detention of two typewriters shipped in transit to Persia by the Turkish custom officials at Trebizond, I have the honor to state that this particular difficulty has now been remedied and the two machines forwarded to Tabriz on May 23 last, the shipping agent at Trebizond giving a guaranty that they would be delivered outside of the Ottoman Empire. The difficulty arose, however, from the fact that the typewriters were in Arabic-Turkish characters and as such violated the official regulations directed against the employment of such machines on the ground of their being utilized for the publication of revolutionary literature. No printing presses can be established in this country without official permission and continued inspection thereof, and the restriction of typewriters are due to the fear that they may be substituted for printing presses in being utilized for the circulation of forbidden literature. I have, etc., JOHN G. A. LEISHMAN. EGYPT. JURISDICTION OVER THE OFFENSE OF CRIMINAL LIBEL COMMITTED BY AN AMERICAN CITIZEN IN EGYPT. File No. 2751. Consul-General Iddings to the Secretary of State. [Telegram.-Paraphrase.-Extract.] AMERICAN AGENCY AND CONSULATE-GENERAL, (Mr. Iddings informs Mr. Root that Nelken Waldberg, naturalized citizen of the United States, District of Columbia, April, 1888, passport 70, Athens, April 7, 1904, publishes daily newspaper in Cairo, in which he attacks citizens and members of the diplomatic corps; strong proof of blackmail is furnished and it is desired by certain persons to expel Waldberg; states that it seems desirable to silence Waldberg temporarily. Says his remonstrances are ineffective and libel suits useless. Waldberg says he will apply for new passport. Requests telegraphic instructions for immediate action.) File No. 2751. The Acting Secretary of State to Consul-General Iddings. [Telegram.-Paraphrase.-Extract.] DEPARTMENT OF STATE, Washington, December 1, 1906. (Mr. Adee informs Mr. Iddings that no ground is disclosed in his cable for refusing passport to Waldberg, and that American diplomatic and consular officers exercising extraterritorial jurisdiction have no authority to expel or deport; nor can the department confer such authority. Mr. Adee states further that officers have jurisdiction to arrest and try American citizens for offenses of criminal libel, according to common law. Directs Mr. Iddings to consult American judge mixed tribunals.) Consul-General Iddings to the Assistant Secretary of State. No. 147.] [Extract.] AMERICAN AGENCY AND CONSULATE-GENERAL, Cairo, Egypt, December 16, 1906. SIR: I have the honor to confirm herein the telegram sent to you by me on November 26a last, and your reply received December 1.a • Not printed. I received from the Egyptian government the note dated December 6, of which I forward a copy, with translation, attaching to it copy of my reply, dated December 8. I have called formally on Mr. Alban to express my regret that he should be attacked as he has been by an American citizen. Awaiting your further instructions, I have, etc., LEWIS MORRIS IDDINGS. No. 853.] [Inclosure 1.-Translation.] The Minister for Foreign Affairs to Consul-General Iddings. CAIRO, December 6, 1906. SIR: The attention of the government has been for some time attracted by the actions of a certain individual who calls himself Captain Waldberg and claims to be an American citizen. This person publishes in Cairo a paper entitled "The Oriental Truth," in which he has repeatedly printed the gravest imputations and calumnies, as grave as they are false, against British functionaries, more especially against the consular tribunal of Great Britain in Cairo, which has been attacked in a virulent manner in consequence of a sentence passed by this tribunal at a recent trial for assault and battery against a British subject by the aforesaid Captain Waldberg. I have thought it my duty to bring these facts to your knowledge, leaving it to your discretion to take such measures as you consider proper to put an end to this procedure. Pray accept, etc., [Inclosure 2.] BOUTROS GHALI. Consul-General Iddings to the Minister for Foreign Affairs. AMERICAN CONSULATE-GENERAL, MONSIEUR LE MINISTRE: I have the honor to acknowledge the receipt of your note of December 6, 1906, calling my attention to the conduct of an American citizen of Cairo, Captain Waldberg. It is a matter of profound regret to me that a compatriot should lay himself open to so grave an accusation as Captain Waldberg has done. His procedures had already engaged my consideration when your note was received, and so far as possible I will correct them. Pray accept, etc., LEWIS MORRIS IDDINGS. Consul-General Iddings to the Assistant Secretary of State. No. 148.] AMERICAN AGENCY AND CONSULATE-GENERAL, Cairo, Egypt, December 17, 1906. SIR: I beg leave to inclose herewith a copy of an application for passport made on November 30, 1906, by Jorge Nelken y Waldberg, born in Argentina, South America, and naturalized in the District of Columbia. He declares, as you will perceive, that he means to return to America," within a reasonable time," to resume the duties of citizenship. On the strength of that statement, and in view of his career in Constantinople and Egypt, I refused the application. In my judgment, Waldberg has no intention of going back to the United States as long as he finds his present methods of gaining a living successful. In justification of this opinion, I respectfully refer to my dispatch No. 147, of December 16, 1906. Waldberg has said to me that he really had no use for a passport; that his naturalization certificate was a guaranty of protection so long as he lived under the capitulations. I think that this impression is growing among many persons naturalized in the United States but now residing here and intending to remain indefinitely. Awaiting instructions in this case, I have, etc., LEWIS MORRIS IDDINGS. File No. 2751/5-10. The Third Assistant Secretary of State to Consul-General Iddings. No. 67.1 DEPARTMENT OF STATE, Washington, January 30, 1907. SIR: I have to acknowledge the receipt of your dispatch No. 147 of the 16th ultimo relative to the case of Jorge Nelken y Waldberg, a naturalized American citizen and publisher of a daily newspaper at Cairo, who it has been suggested to you should be expelled from Egypt at your instance on account of virulent attacks made by him in his newspaper against several foreign officials in that country. In reply I have to inform you that the powers of the agency and the consulate-general in this class of cases and its limitations would seem to have been made quite clear by the department's telegram of December 1, 1906. For your fuller information, however, the following portions of opinions of the solicitor of the department are embodied herein and a copy of that officer's memorandum upon certain phases of American extraterritorial jurisdiction in China, which is suggestive as to a number of points, is inclosed: An American in Egypt could be prosecuted for libel both civilly and criminally. The civil suit would be within the jurisdiction of the mixed tribunals of Egypt, which "extends in general to civil and criminal cases between aliens and natives, including officials of the Egyptian government, and between aliens of different nationalities." (Hinckley, American Consular Jurisdiction in the Orient, p. 156.) The criminal prosecution would be a matter for our consular court. (See p. 3 of memorandum.) In case of conviction, sentence might properly be sustained on condition of his leaving the country, thus working a practical deportation. It is, of course, settled that American consular officers, even in extraterritorial regions, have no authority conferred upon them by statute to expel or deport. (Hinckley, American Consular Jurisdiction in the Orient, p. 105.) Article 4 of our treaty with Turkey of May 7, 1830, confers criminal jurisdiction over American citizens in Turkey upon American consular and diplomatic officers when it says: "And even when they (American citizens) may have committed some offense they shall not be arrested and put in prison by the local authorities, but they shall be tried by their minister or consul and punished according to their offense, following in this respect the usage observed toward other Franks." Section 4125, Revised Statutes, provides that the statutory provisions conferring judicial authority upon American diplomatic and consular officers shall extend to Turkey under the treaty of May 7, 1830. Our treaty. and the statutes enacted to carry the treaty into effect, confer criminal jurisdiction over American citizens upon American consular and diplomatic officers to the same extent as that exercised by other foreign powers within the Turkish dominions. (Dainess v. Hale, 91 U. S., 13, semble). A large portion of the civil jurisdiction conferred upon American consular courts in Egypt, and a cer |