of the said Angelo Albano, was born in Italy about 53 years ago, and I lived with my brother, the father of Angelo Albano, from the year 1899 to 1902, inclusive, and during that time he never obtained naturalization papers or voted. And I remember also that in frequent conversations on the subject he always declared himself as not being in favor of becoming an American citizen. [SEAL.] DOMENICO ALBANO. Witnesses: R. A. SCOTTI. C. F. MCCULLUM. Subscribed and sworn to before me this 3d day of October, A. D. 1910. [Notarial seal.] C. F. MCCULLUM, Notary Public, State of Florida at Large. My commission expires June 7, 1911. STATE OF FLORIDA, County of Hillsboro, ss: Before me, the undersigned authority, personally appeared Vincenza La Rosa Albano, who, being duly sworn, deposes and says: I am the mother of Angelo Albano, who was lynched on September 20, 1910, near the city of West Tampa, Fla. I gave birth to my son, the said Angelo Albano, in Italy, about 24 years ago. About 15 days before his death, when my brother-in-law, Domenico Albano, asked him to assist him in becoming a naturalized citizen of the United States, my son Angelo Albano said on that occasion in my presence that he had never become a citizen of the United States and never intended to apply for citizenship papers, as Italians would always be considered as Italians regardless of the naturalization papers. I further depose and say that my husband, Pietro Albano, who was born in Italy and raised with me in my native town, always expressed himself as being opposed to taking out naturalization papers in the United States, principally for the reason that during his stay in this country he worked for 10 years on a sugar plantation in the State of Louisiana and for 7 years in the State of Colorado at other manual labor, which kept him out of the influence of politicians, and to my certain knowledge he never voted. [SEAL.] Witnesses: VINCENZA LA ROSA (her x mark) ALBANO. R. A. SCOTTI. C. F. McCULLUM. Subscribed and sworn to before me this 3d day of October, A. D. 1910. [Notarial seal.] C. F. MCCULLUM, Notary Public, State of Florida, at Large. My commission expires June 7, 1911. Hon. ALBERT W. GILCHRIST, Tallahassee, Fla. TAMPA, FLA., March 17, 1911. DEAR SIR: Your letter of the 14th instant, in which you state that you do not think it will be necessary for me to send you a transcript of the evidence taken before the grand jury in the above matter, has been duly received. A large number of witnesses were brought before the grand jury and interrogated about the matter, but no one could be found who could give any idea as to who constituted the party that took Albano from the custody of the officers. The two deputy sheriffs testified that they were sent by the sheriff's office over to West Tampa, which is about a mile and a half from the courthouse, to get Albano and Figarrota, who had been arrested on some criminal charge. They stated that they got a hackman to drive them over to where Albano and Figarrota were held in custody; that they went by way of Fortune Street, and would have returned that way with said prisoners, and it is the nearest way to the jail, if Albano had not requested them to come by way of the courthouse so that he could see if he could not furnish a bail bond before being locked up in jail; that they complied with his request and came by way of Moody Heights, which would have brought them into Tampa by way of Grand Central Avenue and Lafayette Street; that as they were traveling south and a short distance from Grand Central Avenue, at what is called Moody Heights, they were suddenly held up by having pistols thrust into their faces, and the horses stopped by men standing in front of them and grabbing the reins; that while some held pistols in their faces the others in the party took Albano and Figarrota and placed them in an automobile, after which the crowd left; that they then turned around and went back to West Tampa and notified the sheriff's office and the police department of the occurrence; that the prisoners were taken from them about 9 o'clock that night; that they did not recognize the voice, the form, or the size of any person in the crowd, and that they could not give any idea as to who was in the crowd, and that they did not recognize a single individual. The hack driver also swore that he did not know anyone in the party and that he had no idea who any of them were. It was impossible to get any evidence as to the identity of the parties from any witness examined. The grand jury investigated the killing of Easterling at the same time they investigated the lynching of Albano, and the stenographer told me this morning that it would be just as cheap to have all of the testimony transcribed as it would be for him to take the time to go through his notes and pick out only that relating to the lynching of Albano. He said that a transcription of the testimony would cost at least $100. I am confident that the commissioners will gladly pay for it if you think you need it. I have the honor to remain, very truly, yours, H. S. PHILLIPS, State Attorney, Sixth Circuit. House of Representatives. G3d Congress; 1st session. Report No. 45. PAYMENT OF AN INDEMNITY TO THE ITALIAN GOVERNMENT FOR THE KILLING OF ANGELO ALBANO, AN ITALIAN SUBJECT. August 15, 1913, committed to the Committee of the Whole House on the state of the Union and ordered to be printed. Mr. Sharp, from the Committee on Foreign Affairs, submitted the following REPORT. [To accompany H. R. 7384.] The Committee on Foreign Affairs, to which was referred the bill (II. R. 7384) authorizing the payment of an indemnity to the Italian Government for the killing of Angelo Albano, an Italian subject, having had the same under consideration, reports it back without amendment and with the recommendation that the bill do pass. This claim grows out of the killing of one Angelo Albano, an Italian subject, by an armed mob while in custody on a charge of crime, in the city of Tampa, Fla., on the 20th day of September, 1910. The facts in the case detailing the crime and establishing the fact that its victim was an Italian subject at the time of his death, are succinctly set forth in the copies of sworn statements contained in the message from the President (H. Doc. 105), transmitting the report of the Secretary of State in relation thereto. Not only does the President recommend that "as an act of grace and without refetence to the question of the liability of the United States, Congress make suitable provision for the heirs of the Italian subject thus killed, the proceeds to be distributed by the Italian Government in such manner as it may deem proper"; but Secretary of State Bryan in his report also recommends that Congress take such action in view of all the circumstances in the case, both on account of the precedents which he therein cites, and "for the preservation of the cordial relations now existing between the United States and Italy." As to the amount of the indemnity involved the payment of $6,000 is recommended, not only because it seems to this committee to be reasonable, but because it has been requested by the Italian Embassy as one that would comport with "the sense of equity and justice" as a fair sum which our Government should pay. In view of these facts and the further one that recently similar claims for a considerably larger amount have been generously settled in our favor by the Italian Government, it would seem after this long delay to impose upon Congress an obligation to promptly comply with the request of that Government for a speedy settlement of the claim. 63d Congress, 1st session. II. R. 7384. IN THE HOUSE OF REPRESENTATIVES. August 12, 1913. Mr. Sharp introduced the following bill; which was referred to the Committee on Foreign Affairs and ordered to be printed. A BILL To authorize the payment of an indemnity to the Italian Government for the killing of Angelo Albano, an Italian subject. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be paid, out of any money in the Treasury not otherwise appropriated, put of humane consideration and without reference to the question of liability therefor, to the Italian Government as full indemnity to the heirs of Angelo Albano, an Italian subject who was killed by an armed mob at Tampa, Florida, on the twentieth day of September, nineteen hundred and ten, the sum of $6,000. File No. 311.651T15/36b. The Secretary of State to the Italian Ambassador. DEPARTMENT OF STATE, Washington, November 14, 1913. EXCELLENCY: I have the honor to inform you that the Congress of the United States, out of humane considerations and without reference to the question of the liability therefor, has by an Act this day approved appropriated the sum of $6,000 to be paid to the Italian Government as full indemnity to the heirs of Angelo Albano, the Italian subject who was killed by an armed mob at Tampa, Florida, on the 20th day of September, 1910. It gives me pleasure to enclose herewith in payment of this account a warrant on the Treasurer of the United States payable to your order. Accompanying the warrant you will find a voucher which I will thank you to sign and return to me. Accept [etc.] W. J. BRYAN. File No. 311.651T15/36. The Italian Ambassador to the Chief of the Bureau of Accounts, Department of State. [Voucher.] Received from William McNeir, Chief, Bureau of Accounts, and Disbursing Clerk, Department of State, through the Secretary of State of the United States, this fourteenth day of November, 1913, check No. 482417, dated November 14, 1913, on the Treasurer of the United States, at Washington, D. C., to the order of the Ambassador Extraordinary and Plenipotentiary of Italy to the United States, for the sum of SIX THOUSAND DOLLARS ($6,000), in full payment to the Italian Government, out of humane consideration and without reference to the question of liability therefor, as full indemnity to the heirs of ANGELO ALBANO, an Italian subject who was killed by an armed mob at Tampa, Florida, on the twentieth day of September, 1910; the payment being provided for by an Act of Congress (Private No. 1) approved November 14, 1913. . $6,000.00 CERTIFIED CORRECT AND APPROVED: CUSANI. Ambassador Extraordinary and Plenipotentiary of Italy to the United States. NOVEMBER 14, 1913. W. J. BRYAN, Secretary of State. File No. 311.651T15/37. The Italian Ambassador to the Secretary of State. No. 1552.] [Translation.] ITALIAN EMBASSY, Washington, November 18, 1913. MR. SECRETARY OF STATE: I have the honor to acknowledge receipt of and to thank your excellency for your note of the 14th instant, with which you sent me the check for $6,000, the amount of the indemnity for the lynching of Angelo Albano at Tampa, Florida, on the 20th of September, 1910. While warmly thanking your excellency for your official and cordial action, by which this painful occurrence has been satisfactorily settled, I have the honor to enclose herewith the original letter' from the United States Trust Company, stating that the said sum of $6,000, without any deduction, was immediately forwarded to the mother of said Angelo Albano, Mrs. Vincenza Albano, No. 1008 Conrad Street, Tampa, Florida. Accept [etc.] Not printed. CUSANI. JAPAN. PROTEST OF JAPAN AGAINST THE LAND LAWS OF THE STATE OF CALIFORNIA. NOTE. The following-extracts from the treaty with Japan signed on February 21, 1911; correspondence with the Japanese Embassy in regard to the treaty, exchanged on the day the treaty was signed; and the complete text of the California statute approved May 19, 1913--all referred to in the correspondence, are here given for convenience of reference. Articles I and XIV of the Treaty of Commerce and Navigation be-. tween the United States and Japan. ARTICLE I. The citizens or subjects of each of the High Contracting Parties shall have liberty to enter, travel and reside in the territories of the other to carry on trade, wholesale and retail, to own or lease and occupy houses, manufactories, warehouses and shops, to employ agents of their choice, to lease land for residential and commercial purposes, and generally to do anything incident to or necessary for trade upon the same terms as native citizens or subjects, submitting themselves to the laws and regulations there established. They shall not be compelled, under any pretext whatever, to pay any charges or taxes other or higher than those that are or may be paid by native citizens or subjects. The citizens or subjects of each of the High Contracting Parties. shall receive, in the territories of the other, the most constant protection and security for their persons and property, and shall enjoy in this respect the same rights and privileges as are or may be granted to native citizens or subjects, on their submitting themselves to the conditions imposed upon the native citizens or subjects. They shall, however, be exempt in the territories of the other from compulsory military service either on land or sea, in the regular forces, or in the national guard, or in the militia: from all contributions imposed in lieu of personal service, and from all forced loans or military exactions or contributions. ARTICLE XIV. Except as otherwise expressly provided in this Treaty, the Hight Contracting Parties agree that, in all that concerns commerce and navigation, any privilege, favor or immunity which either Contracting Party has actually granted, or may hereafter grant, to the citizens or subjects of any other State shall be extended to the citizens or subjects of the other Contracting Party gratuitously, if the concession in favor of that other State shall have been gratuitous, and on the same or equivalent conditions if the concession shall have been conditional. For the complete text of the treaty, see For. Rd. 1911, pp. 315–319. 43 $25 |