[Inclosure 6 in No. 69.] Mr. Guerra to Mr. Tower. HRASTNIG, March 22, 1898. HONORABLE SIR: Your favor of the 18th instant received. In reply would say I emigrated to the United States when under fourteen years of age. Showed here last summer both my passport as well as the certificate of naturalization, but notwithstanding put me under arrest for two days, and this last time they practically refused to look at either, telling me it didn't amount to anything. Of course my name is still kept on the lists, and what I desire is that my name should be stricken out, so as not to be troubled in future. I also think with your assistance I should be able to recover the amount of my expenses, which I had on account of this trouble. Awaiting your reply, and looking forward for your assistance, I remain, etc., ANTHONY GUERRA. [Inclosure 7 in No. 69.] Mr. Tower to the District Captain. UNITED STATES LEGATION, SIR: Anton Guerra, a naturalized citizen of the United States, has addressed a petition to this legation, from which it appears that his name is inscribed on the army list at Hrastnig as one liable to military duty, and that he received summons to appear before a board of examinators, although he presented his American passport to the proper authorities. The United States minister would be under obligations if the Imperial and Royal district captain at Hrastnig would make known whether the name of this American citizen is still carried on the army lists, and if so, whether his name can not be canceled from such list, as it appears from his passport that he can not be enrolled into the ranks of the Imperial and Royal army. Begging to be favored with an early reply, I am, etc., CHARLEMAGNE TOWER. [Inclosure 8 in No. 69.j Mr. Tower to Mr. Guerra. UNITED STATES LEGATION, SIR: I have duly received your letter of the 25th of March, and I have already written to the Bezirkshauptmann in Hrastnig about your case. I shall see that the American passport which you bear is respected. At the same time I must inform you that the Department of State does not encourage the return of naturalized American citizens to the country of their birth; and it reserves the right to deny them its protection if they go back there to take up their residence. You left America in the month of May, 1897, within four weeks after having been naturalized, and, returning to your home in Hrastnig, you have lived there with your parents for nearly a year. While you are claiming protection from the United States, and I am taking steps now to give it to you, I wish you would tell me what your relations are to the United States in return. Have you any interests there, and when do you intend to return thither to perform your duties as a citizen? Do you pay taxes in America? Awaiting your reply, I am, etc., CHARLEMAGNE TOWER. [Inclosure 9 in No. 69.] Mr. Guerra to Mr. Tower. HRASTNIG, March 27, 1898. HONORABLE SIR: Your letter of the 25th instant received, and in reply kindly wish to inform you that I had to leave the United States and return here on account of my health, having marked symptoms of consumption and had to have change of air. I will return to the United States as soon as my health is fully restored, which I hope will be as soon as warmer weather sets in, and therefore I beg you not to trouble yourself about my case any more, as all I wanted was that my transport, etc., be respected, and as they had not been I thought it my duty to inform you about it. Thanking you for the interest you took, I remain, etc., ANTHONY GUERRA. [Inclosure 10 in No. 69.] Mr. Tower to Count Goluchowski. UNITED STATES LEGATION, YOUR EXCELLENCY: I beg leave to call your excellency's attention to the case of Anton Guerra, a naturalized citizen of the United States of America, who has been enrolled upon the lists of those liable to perform military service, in Hrastnig, in the Gemeinde of Trifail and Bezirk Cilli. The facts are as follows: The said Anton Guerra was born in Hrastnig, on the 26th of November, 1875, and emigrated to America in August, 1889, when he was 13 years of age, and before he was old enough to be enrolled in the military service of the Austro-Hungarian Empire. He was naturalized as a citizen of the United States, in Pennsylvania, in the year 1897. As he was in poor health, he was advised by his physician in Philadelphia that he would be benefited by a trip to Europe, whereupon he decided to make a visit to his parents, who still reside in Hrastnig. He reached Hrastnig on the 10th of June, 1897. On the 5th of August of the same year he was summoned by the K. K. Bezirkshauptmannschaft of Cilli, to appear before it for military examination. He presented his United States passport to the authorities, but they declined to recognize it as proof of his American citizenship; and after being held under arrest for two days he was released through the intervention of a lawyer of Cilli, Dr. Meravlag, whom he employed to assist him. Mr. Guerra believed that he had been released from custody because he had proved his American citizenship; but he now complains to this legation that he was summoned again by the Bezirkshauptmannschaft for examination on the 6th of March of the present year, and that although he exhibited his passport that document was completely ignored by the officials at Cilli. He was informed that his name was upon the list of persons liable to perform military service, and that he must submit to the physical examination. This he was obliged to do. I have the honor to present these facts to your excellency's attention with the request that an examination of them be made by the proper authorities, and that if they be found correct as they have been reported to this legation the name of the said American citizen, Anton Guerra, may be removed from the Imperial and Royal military lists, and the authorities of Cilli be instructed to show due respect hereafter to a passport issued by the Government of the United States of America. 1 avail myself, etc., CHARLEMAGNE TOWER. Count Welsersheimb to Mr. Tower. [Inclosure 11 in No. 69.] VIENNA, May 27, 1898. SIR: The Imperial and Royal ministry of foreign affairs has not omitted to communicate to the Imperial and Royal ministry of public defense the contents of the esteemed note dated April 4, 1898, numbered 41, relating to the arrest of Anton Guerra, a naturalized American citizen, by the authorities at Hrastnig, district of Cilli, for noncompliance with military duty, in order that the necessary investigations and proper dispositions may be made in this case. The ministry of public defense now reports that Anton Guerra, of Trifail, near Cilli, who went to the United States in the year 1889, provided with a passport but without permit on the part of the authorities to emigrate, and who subsequently acquired American citizenship, was summoned on his return to his former home, and steps taken to ascer tain his liability to military duty. On the presentation of his papers, however, Anton Guerra was set at liberty and proceedings against him were discontinued. Orders for the canceling of his name from the active army list have already been issued. While the undersigned has the honor of bringing the foregoing to the knowledge of the honorable envoy of the United States of America, he begs to avail himself, etc., WELSERSHEIMB, For the Minister. [Inclosure 12 in No. 69.] Mr. Tower to Mr. Guerra. UNITED STATES LEGATION, SIR: In reply to a communication which I made to the AustroHungarian Government on the 4th of April, 1898, setting forth the facts in your case and asking that your American passports should be respected, the minister of foreign affairs announces to me, under date of the 27th of May, that your American citizenship has been formally recognized and your name removed from the lists of those liable to perform military duty in Austria-Hungary. SIR: I have the honor to report for your information the case of Herman Meller, a naturalized citizen of the United States, who was arrested in the month of April of the present year at Lemberg, in Galicia, upon a charge of nonperformance of military duty and released upon the intervention of this legation. The facts of this case are as follows: Herman Meller was born at Brody, in Galicia, in September, 1863, and emigrated to the United States in the year 1879. He resided there eighteen years, in the city of New York and in Montgomery, Ala., which latter is his present residence. He was admitted to citizenship before the superior court of the city of New York, at New York, on the 14th of October, 1884. He is the bearer of a passport, numbered 11821, issued by the Hon. John Sherman, Secretary of State, at Washington, on the 7th of February, 1898. Mr. Meller came to Austria in the month of March of the present year, intending to visit his friends here and to return to America early in May. He had already bought the ticket for his passage back to New York. During the period of his visit in Lemberg, and shortly before the date upon which he intended to start for America, he was arrested upon a charge of having evaded his military duty at the time of emigration. He appealed to this legation for assistance on the 24th of April, 1898, and upon my presenting a statement of the facts relating to his naturalization to the Imperial and Royal ministry of foreign affairs, on the 7th of May, he was released on the 2d of June. Copies of the entire correspondence are respectfully submitted herewith. I have, etc., [Inclosure 1 in No. 77.] CHARLEMAGNE TOWER. Mr. Tower to Mr. Meller. UNITED STATES LEGATION, SIR: I have duly received your telegram of the 24th of April, which reads as follows: Arrested on account of military duty by the police at Lemberg. Citizen of the United States. Passport No. 11821. Request intervention. Reply Police Director, Lemberg. HERMAN MELLER. To which I replied by telegram this morning as follows: MINISTER. I wish you would send me at once a detailed account of your arrest, its causes, and all other particulars connected with it, in order that I may take steps to give you such assistance as you may be entitled to by your American citizenship. Where and when were you born? When did you emigrate to the United States? Where did you live, and how long? Where and when were you naturalized? When did you leave the United States? When do you intend to return to the United States? Send me your certificate of naturalization and your passport. Once in possession of the data mentioned in the foregoing, I will do what I can in order to see that justice is done to you. I am, sir, etc., CHARLEMAGNE TOWER. [ Inclosure 2 in No. 77.] Mr. Meller to Mr. Tower. LEMBERG, April 27, 1898. YOUR HONOR: I am in possession of your letter dated April 24, and will hereby answer all you asked of me. I was born in Brody, Galizien, in September, 1863. I emigrated to the United States the end of 1879 or the beginning of 1880. I can not recollect, and therefore will give it to you as close as possible. I have lived for about thirteen years in New York and about five years in Alabama, Montgomery especially. I was naturalized in the superior court in the city of New York on the 14th of October, 1884, before Judge Dugro, by Clerk M. O. Boese, which I inclose to your honor, then the naturalization paper which I took out in the city court of Montgomery, Ala., the 1st of February, 1898, before Judge A. D. Sayre, by Clerk H. H. Mathews, through which I got my passport; being I had my former paper mislaid could not remember exact date of first paper mentioned, and thinking it is lost, Judge Sayre granted me the second, from which I got my passport the 7th of February, 1898, at the Department of State by Secretary John Sherman. Number of passport is 11821. I can not inclose to your honor the other paper and passport, being the criminal court of this city has it in their possession. Your honor has seen and read every one of the three documents I have, while I was in Vienna on the 11th of March, when I registered at your legation, and your secretary took a memorandum of my papers, and you told me to also take all dates and names of particulars and mark it separate. That is why I can give you correct dates and names of judges. I then told you that Judge Day told me not to go unless you say so. I have done so, and came here on the 14th of March, and was not molested until the 22d of this month, when a policeman came up to my house and asked me to go with him to the station. I obeyed, but the officer at the desk apologized and said I can go, as it was spite of somebody reporting me that I ran away from the military service, but hearing that I left when a boy of 16 years he would not hold me. Two days later an officer of the police direction came to my room and asked me to go with him. The same boy which reported me first standing by the door, and pointed at me, this is the one. I went again, told |