Mr. Hay to Mr. Storer. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, (Mr. Hay instructs Mr. Storer to request permission for a fleet of nine American naval vessels to make a friendly visit to Austro-Hungarian waters and to the port of Trieste.) Mr. Loomis to Mr. Storer. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, (Mr. Loomis instructs Mr. Storer to include Fiume when requesting permission for the United States fleet to enter Austro-Hungarian ports.) Mr. Loomis to Mr. Storer. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, (Mr. Loomis advises Mr. Storer that our fleet will arrive at Trieste about July 1 and will remain in Austrian waters about two or three weeks.) No. 131.] Mr. Storer to Mr. Hay. AMERICAN LEGATION, SIR: I have the honor to report that last evening I received the official answer of the Government of Austria-Hungary to the request for permission to visit Trieste and Fiume, as well as to remain in AustroHungarian waters, on the part of our fleet. It will be seen from the copy and translation I have the honor to inclose that the answer is in the affirmative. * * * I have, etc., [Inclosure. Translation.] BELLAMY STORER. Mr. Mérey to Mr. Storer. IMPERIAL AND ROYAL MINISTRY OF FOREIGN AFFAIRS, In reply to the highly esteemed note of the 2d instant, the Imperial and Royal ministry of foreign affairs has the honor most respectfully to bring to the knowledge of his excellency the ambassador of the United States of America, Mr. Bellamy Storer, that the Imperial and Royal Government awaits with pleasure the intended visit to the ports of Trieste and Fiume by an American squadron consisting of nine ships. The undersigned avails himself at the same time of this opportunity to renew, etc. SIR: I have the honor to inclose a translation of the proposed law of Hungary relating to emigration, with the amendments adopted up to the present time, together with the "exposé de motifs," or recommendations of the minister of the interior, which according to custom accompanies the bill for its explanation to the Parliament. I venture to call the Department's attention to the reasoning and admissions of the minister of the interior, who is, in addition, prime minister or president of the council of ministers of Hungary, as showing the attitude of that Government toward its former citizens and its desire to keep control over them even after they have become residents of the United States. This attitude on the part of other governments constitutes an interesting and important subject of consideration for our own Govern SEC. 1. In point of view of the application of this law he is considered an emigrant who goes to foreign countries with the object of continuously living there for an indefinite time. SEC. 2. In regard to emigration the following restrictions have been established: (a) Those who on account of military laws are obliged to present themselves before the authorities or are subject to military service are allowed to emigrate only with the permission of the respective competent authorities. (b) Persons who are under preliminary investigation or examination for having committed a crime or offense, against whom either the judicial or police authorities have issued a warrant of arrest, are not permitted to emigrate at all. (c) Minors can emigrate only if they are able to show the written and officially legalized consent of their father or guardian, and those who have not yet attained their fifteenth year of age-even under those conditions only-can emigrate in company of a responsible adult, and then only on condition that a future home is provided for them at their place of destination. The following are not allowed to emigrate : (d) Those parents who intend to leave children under 15 years of age at home without providing for their proper care. (e) Those who have not sufficient funds for the journey to the place of their destination or for the conditions which are established in regard to the immigration in the country to which they wish to emigrate. (f) Those who are promised by the government of any foreign country, or by any colonization or similar company or a private person looking to organized colonization, free transportation in whole or in part, or any advance of cost of transportation. SEC. 3. Every emigrant must supply himself with a passport as required for that country to which he desires to emigrate. SEC. 4. The ministry furnishes emigrants-if they apply for it-full and reliable information as to all conditions with reference to those States or those countries to which they have the intention of going. SEC. 5. The ministry is empowered to prohibit the emigration into any other dominion or into any foreign country where the life, health, morals, or property of the emigrants may be placed in jeopardy; and this either universally or for persons of any particular occupation only. SEC. 6. The ministry is empowered to restrict emigration, in any particular direction or directions, as may seem best from the standpoint of public inspection (health) or to protect the interests of the emigrants. CHAPTER II. The passenger traffic-Contractors and agents. SEC. 7. He who wishes to engage in the transport of emigrants must have a license. The license is granted by the minister of the interior. SEC. 8. A license is granted to: (1) Resident contractors, whether individuals or associations, provided the personally responsible managers are Hungarian citizens. (2) Nonresident contractors whether individuals or associations. (a) Provided they nominate a resident citizen of Hungary as their representative for Hungary both in all matters regarding the emigration and also their relations toward the authorities, with full power and responsibility. (b) Provided they subject themselves to the Hungarian law and the Hun garian courts of justice in case of differences arising through said traffic (business). SEC. 9. Every applicant for such license must prove ability to transport emigrants safely and deposit in advance at least K100,000 as security. SEC. 10. The license is only to be granted for designated countries; parts of countries or places, and if the journey- be by sea, only for designated ports. SEC. 11. The license gives the manager the right to extend his business over the entire territory within the scope of the law. SEC. 12. The contractor is bound from time to time to lay his tariff of fares before the minister of the interior for approval. Higher rates than approved of can not be charged. With the exception of the advertisement regarding time-tables, subsistence and fares it is forbidden to issue proclamations or information concerning emigration or to send any such to individuals. Also, it is forbidden for contractors as well as for their agents to attempt to induce emigration either verbally or by letter, or to encourage it, or to solicit from door to door, and to ask or accept any reward or service from emigrants excepting the fare. SEC. 13. The contractor is allowed, with the permission of the minister of the interior, to have his business managed by a representative, and also to establish branch offices. In respect to the person of the representative the approval of the minister of the interior is required. SEC. 14. License as such agent can be obtained only by one fulfilling the following requirements: (a) If he is a Hungarian citizen. (b) If he lives within the judicial district, or in one of the districts in which he is doing business. (c) If he is not under guardianship or trusteeship, is not insolvent, if no criminal proceedings in penal law are pending against him, and if he has never been condemned to imprisonment for crime or offense committed for self-interest (Paragraph XXXVIII, ex of the law of 1881) or a transgression coming under that law, and if his morality and reliability are without reproach. SEC. 15. The contractor may appoint a representative to make contracts. In every case of appointing such a representative the approval of the minister of the interior is required. SEC. 16. The contractor is responsible according to civil law for every action of his representative within the scope of the emigration business. SEC. 17. The representative is not to be paid by commissions on the contracts he has made, but only by a regular salary stipulated in advance. SEC. 18. Only one who answers to the conditions required in section 14 regarding representatives may be appointed as one. Officers of state, of justice, magistrates, and subordinate functionaries, clergymen, and school-teachers can not be representatives. SEC. 19. The business territory of such representative is to be bounded only by the limits either of a designated judicial district or by those of several designated judicial districts. In the same district only one representative of the same contractor is allowed to carry on business. SEC. 20. The manager is allowed to carry on his business in person only, and neither he nor any of his family nor any of his employees are permitted to conclude any contract for the transport business for any other manager or on their own account. The injunction of section 12 refers also to the representative. SEC. 21. The concession (or license) of the manager and that of his representative, as well as the grant of authorization, can be limited or withdrawn at any time by the minister of the interior. The concession is to be withdrawn: (a) If the person concerned no longer satisfies the requirements contained in sections 8, 14, and 18, respectively. (b) If events occur to show that the manager, his representative, or substitute are unreliable in regard to the management of the concern. (c) The concession is to be withdrawn from the manager also if the deficit which arises by the legal deductions from the security deposited is not made good within fifteen days from the day of the demand in due form. SEC. 22. The security (guaranty) deposited by the manager is intended to cover all liabilities as also all fines and expenses growing out of the business, whether payable to the authorities or private parties. The nature of the security as well as the manner of depositing it, the management and restitution is to be decided by the minister of the interior according to decree. SEC. 23. The manager as well as his representative are bound to keep books, which must be conformable to the rules of business and the laws of trade, and as prescribed by the minister of the interior. He must also keep a copying book for his correspondence. The management of the deposit and form of contract to be used are to be fixed by decree of the minister of the interior. The minister of the interior, as well his authorized substitute, and the police authorities, have the right to investigate the management of the business at any time, to make abstracts of the accounts, and to control the proceedings of the manager and his representative generally. CHAPTER III. Legal relations between the manager and the emigrant. SEC. 24. The contractor is allowed to carry through the transport of the emigrant only on the authority of a contract in writing, made in advance. With persons who have no passports, as well as with persons mentioned in section 2, it is forbidden to enter into a contract. SEC. 25. The contract is to be drawn up in the Hungarian language, or to be drawn up in columns both in the Hungarian language and in the mother tongue of the emigrant, in duplicate, one of which is given to the emigrant, the other remaining with the manager or the agent. The contract must contain the following: (1) The full name, age, and place of residence of the emigrant. (2) The exact route to be taken is to be stated and the place to which transport is to be contracted for. (3) The exact time of starting; in case of an ocean voyage the name of the vessel as well as the day fixed for sailing. (4) For a railroad journey the class must be stated; if by ship the position must be designated which the emigrant, respectively, his family and luggage are to occupy. (5) The exact stipulation of the fare in figures and words. (6) The requirements of this law regarding the duties of the contractor and of settling possible complaints. FR 1904 M- 4 SEC. 26. The contractor binds himself : (1) To send the emigrant with his family luggage to the place stated in the contract for the fare set down therein, which must under no consideration be raised. (2) To provide sufficient, wholesome, and clean board and lodging for the entire journey, in case the emigrant has not stipulated to provide for himself during his journey on land. (3) To provide medical treatment free of charge, and in case of death during the voyage, free funeral (4) To insure the luggage against damages and loss and the head of the family against accident, according to the rates approved by the minister of the interior. This insurance premium sum may be stipulated in the contract outside the fare. (5) If the trip is postponed or interrupted without any apparent fault on the part of the emigrant, to give him entire board and lodging, wihout any extra charge, and to send him and his luggage on to his place of destination as rapidly as possible. SEC. 27. If the delay lasts longer than a week the emigrant is allowed to cancel the contract and to demand the return of the fare already paid, while he has the right in case of having suffered any loss thereby to claim damages according to the general laws. SEC. 28. The fare can also be reclaimed in case of the death of the emigrant or a member of his family who accompanies him, dying before beginning the sea voyage, or of being prevented from leaving by illness, or other circumstances for which it can be proved he is not responsible. Half of the fare can be redemanded if the emigrant cancels the contract for any reason whatever before starting on his journey. SEC. 29. Agreements which violate the provisions of sections 12, 26, 27, and 28 are invalid. SEC. 30. The contractor is obliged to bring back without any extra charge such persons who, notwithstanding the prohibition contained in section 24, are sent on without a passport, if these persons had no right to emigrate according to section 2. SEC. 31. During sea voyage the contractor is obliged to see that the vessel which the emigrants are to sail in is perfectly in order for the designated course, is furnished properly, well appointed, and provided with sufficient provisions. The same obligation is incumbent on the master of the vessel. SEC. 32. The vessel which carries emigrants is examined before sailing by the proper authorities, with the concurrence of the port authorities, to ascertain whether it meets all the demands pointed out in the preceding sections. Further, every such vessel of that kind is examined before sailing, as well as the emigrants and the crew as to the state of their health, by the proper medical authorities. SEC. 33. Within the meaning of this law seagoing vessels are considered fit for the transport of emigrants that sail to ports non-European, and carry at least 25 passengers, not including those in separate compartments. The minister of the interior is authorized to make full arrangements, in accord with the minister of commerce, respecting the quality of such vessels, their accommodations and appointments in regard to their supply of provisions, their official examination and control, also regarding the medical examination of travelers and crew, the prohibition of the embarking of sick people, and preservation of health and morality among the emigrants. CHAPTER IV.-Emigration fund. SEC. 34. For the relief of members of the families of emigrants who remain behind in poverty, for obtaining information for them as to those already emigrated, for providing employment, for founding asylums for them, and lastly for covering, partly or entirely, the traveling expenses of those destitute of means who desire to return to their native country, special funds must be raised. Such funds are to be raised: (a) From appointing for this object in the government budget. (b) From all unexpended balances received from issuing passports after deduction of stamp duty and fees. (c) From the fees fixed by law which are to be paid by the transport contractors on obtaining licenses. |