865.044/85

Memorandum by the Assistant Secretary of State (Castle) of a Conversation With the Italian Ambassador (Martino), February 23, 1928

[WASHINGTON,] February 24, 1928.

The Ambassador took up with me the question of the letter written by Mr. Hamilton Fish to the Secretary of State, asking whether it was true that Mussolini demanded absolute obedience from the Fascisti the world over and whether it was true that the Fascisti in America tried to prevent Italians from becoming citizens. The Ambassador stated that, in so far as the order of obedience was concerned, this did not and could not apply to the Fascisti League in the United States for the reason that many of the members of these Leagues were American citizens. He said, on the other hand, that these Leagues were very troublesome and were often composed of cranks; that he was up against a dilemma. He said that if these Leagues should, as American incorporated bodies, be entirely released from the orders of Rome, they would proceed to do all sorts of things which would make trouble in this country and would give Italy a very bad name; that, on the other hand, Rome could not successfully assert complete domination for the reason, as stated above, that many members of the Leagues were American citizens and they were actually American corporations.

As to the influence of the Fascisti against permitting Italians in America to take out citizenship papers, the Ambassador said there was no ground whatever for the statement; that Mussolini himself had repeatedly said that he was glad to have Italians living in America become citizens; that the Fascisti League never tried to influence Italians not to become citizens, but on the other hand did everything possible to facilitate it. He said that it was, of course, true that the Government in Rome used every argument possible to prevent Italians living in the Mediterranean region from becoming citizens of the country where they live; that this was particularly true in Tunis and Syria, where Italy was determined to continue, for political reasons, the thoroughly Italian character of the population. This, of course, follows along the line of what he said to me the other day about the political crisis which would undoubtedly arise in a few years because of the desire of Italy to maintain its place in the sun.

WILLIAM] R. C[ASTLE, Jr.]

'Not printed.

865.044/34

The Secretary of State to Representative Hamilton Fish, Jr.

WASHINGTON, March 3, 1928.

MY DEAR MR. FISH: In continuation of my letter to you of February 25th,10 I enclose herewith a translation of a statement given by Signor Parini, Secretary General of the Fascist[i] abroad, to the representative of the United Press in Rome.10 This statement confirms what the Italian Ambassador has said to an officer of the Department, that the Fascist League of North America is not dependent on the Secretary General in Rome. The Ambassador explains this from the fact that the Fascist Leagues here are largely composed of American citizens over whom the Fascist Government has no control.

I should like to point out, furthermore, that in the statute for the Fascist organizations abroad, as drafted by Mussolini, it says among other things:

"The orders given by the Duce to the Fascists abroad for their daily guidance are as follows:

"1. Fascists abroad must respect the laws of that country whose hospitality they enjoy; they must give daily proof of such respect and, if necessary, set the citizens themselves that example;

"2. Fascists abroad must not participate in the domestic politics of the countries wherein they reside."

As the Ambassador points out, these instructions are intended solely for Italian citizens and do not have anything to do with American citizens.

I am [etc.]

811.00F/87

FRANK P. KELLOGG

Memorandum by the Secretary of State of a Conversation With the Italian Ambassador (De Martino)

[WASHINGTON,] December 5, 1929. The Ambassador told me he had received a cable from Mussolini authorizing him to disband the Fascist League. He thinks it best to wait a few days, particularly as the excitement over the Fascist situation in this country seems to be dying down. He suggested that he give it out just before we make our report on our investigation. I told him that I thought that would be a good plan, for that would permit me to express appreciation of the action in our report.

10 Not printed.

811.007F/87

Statement Issued to the Press by the Secretary of State, December 27, 1929

The investigation of the incidents referred to in the article in Harper's Magazine has been completed by this Department and it has not revealed any activities on the part of any residents in this country of Italian extraction or on the part of any Italian officials which were directed against this government or against its institutions.

So far as the dissolution of the Fascist League is concerned, inasmuch as the existence and purposes of that League have been the subject of adverse speculative comment and possible misunderstanding, I am glad to express my appreciation that the League has dissolved itself in the interest of removing those misunderstandings and better relations between this country and Italy.

REPRESENTATIONS BY THE ITALIAN GOVERNMENT REGARDING ALLEGED INFRINGEMENT OF ITALIAN TREATY RIGHTS BY FLORIDA FISH AND GAME LAW

811.623 Florida/

The Italian Ambassador (Martino) to the Secretary of State

The Italian Ambassador presents his compliments to His Excellency the Secretary of State and has the honor to draw his attention on the new law on fish and game which became effective in the State of Florida July 1st, 1927, the operation of which is harmful to Italian fish dealers residing in that State.

The law contains in fact a provision according to which a nonresident or alien retail dealer shall pay a license fee of $50.00 per annum, while other retail dealers pay for the same license fee only $5.00 per annum.

The Ambassador is informed that this provision is applied to Italians in Florida even when they have been for many years residents of the State.

11

The Ambassador has the honor to signify that the law in question seems to be fully in contradiction with the provisions contained in the Treaty of Commerce and Navigation of February 26th, 1871 in force between the United States and Italy 11 and he would therefore be very much obliged to His Excellency the Secretary of State for having such action taken as will result in eliminating from the legislation of the State of Florida the unjust discrimination infringing upon the rights of the Italians exercising the fish industry within its boundaries.

"Malloy, Treaties, 1776-1909, vol. 1, p. 969.

The Italian Ambassador will be much obliged to His Excellency the Secretary of State for letting him know the results of his action and thanks in advance for this courtesy.

WASHINGTON, August 9, 1927.

811.623 Florida/1

The Italian Ambassador (De Martino) to the Secretary of State

The Italian Ambassador presents his compliments to His Excellency the Secretary of State and referring to the note of September 1st, 1927,12 takes the liberty to ask whether the Department thinks that a prompt reply could be solicited from the Governor of the State of Florida concerning the Ambassador's communication regarding the new fish and game law which contravenes the provisions contained in the Treaty of Commerce and Navigation of 1871 between the United States and Italy.

This because of the fact that the Embassy is in receipt of new complaints from Italians whose interests are harmed by the operation of said law.

The Ambassador begs to express his sincere appreciation of any action the Department may take in order to expedite the Governor's reply.

WASHINGTON, 9 September, 1927.

811.628 Florida/2

The Secretary of State to the Italian Chargé (Marchetti di

Muriaglio)

The Secretary of State presents his compliments to the Chargé d'Affaires ad interim of Italy and, referring to the Ambassador's notes of August 9 and September 9, 1927, relative to a new fish and game law which became effective in the State of Florida on July 1, 1927, has the honor to advise him of the receipt of a communication from the Governor of that State relative to this matter.

In this communication the following statements have been made which the Secretary of State believes satisfactorily dispose of this

matter:

"Under Articles 1 of the Treaty of Commerce and Navigation of February 26, 1871, in force between the United States and Italy, Italian fish dealers who wish to purchase license for operating in Florida, and who have resided in the State of Florida for at least six months immediately preceding the time that application for

"Not printed.

license is made would be entitled to purchase a license at the cost at which such a license would be issued to a resident of Florida.

"Under this provision Italian retail fish dealers who have not resided in the State for six months immediately preceding the time at which they make application for a license for handling freshwater fish, will be required to pay $50 for such a license; those who establish the fact that they have resided in Florida during the six months immediately preceding the making of application for such license may obtain such a license for $5."

It may be added that according to information furnished by the Governor of Florida, American citizens who have not resided in Florida for six months immediately preceding the dates of their applications for licenses are required to pay a fee of $50. American citizens who have resided in Florida six months preceding the date of their applications are required to pay a fee of $5.

It seems from the foregoing that Italian subjects resident in Florida receive the same treatment in the matter of licenses to dealers in fish as resident American citizens receive and that nonresident Italians and non-resident citizens of the United States likewise receive equal treatment.

WASHINGTON, October 11, 1927.

811.623 Florida/3

The Italian Ambassador (De Martino) to the Secretary of State

The Italian Ambassador presents his compliments to H. E. the Secretary of State and, referring to the Secretary of State's note of October 31 [11], relative to a new fish and game law which became effective in the State of Florida on July 1, 1927, has the honor to advise him of the receipt of a letter from the Shell Fish Commissioner of the Department of Agriculture of the State of Florida, relative to this matter.

This letter, addressed to the Consular Agent of Italy at Tampa, contains the following statements:

"I do not agree with you in your interpretation of the treaty between the United States and Italy and this Department will continue to collect a license tax from all aliens regardless of their nationality as provided by law.

"If the people of your nationality wish to receive the benefits derived by becoming American citizens and citizens of the State of Florida, I think they had better take out naturalization papers which would place them on the same footing with American citizens and citizens of the State of Florida.

"If your people wish to take these matters into the Court, no doubt you can receive a court decision bearing on same but until you do so, license taxes will be collected as prescribed by law."