AUSTRIA-HUNGARY. EMIGRATION AND MILITARY SERVICE LAW OF HUNGARY. File No. 19375/9. No. 5.] Ambassador Kerens to the Secretary of State. AMERICAN EMBASSY, SIR: Referring to the department's instructions of the 1st of November, 1909, serial No. 373, I have the honor to transmit herewith a copy of a note received from the foreign office (with translation) in answer to a note addressed by this embassy to the minister for foreign affairs on the 8th of December, 1909. I have, etc., [Inclosure.-Translation.] R. C. KERENS. The Minister for Foreign Affairs to Ambassador Kerens. MINISTRY FOR FOREIGN AFFAIRS, Vienna, April 8, 1910. In answer to the esteemed note of the 8th of December, 1909, asking if a Hungarian citizen who has not reached his seventeenth year, but emigrates without the permission of the minister of the interior and of national defense (as laid down in par. 2, Point B, Art. II of the Hungarian Law of 1909), is guilty of deserting in Hungary, the undersigned has the honor, after having consulted the competent authorities, to inform the chargé d'affaires of the United States, Mr. George Barclay Rives, that a Hungarian citizen who emigrates before he reaches his seventeenth year and in disregard of paragraph 2, Point B, Article II of the Hungarian Law of 1909, that is without the permission of the Hungarian minister of the interior and of national defense, can not be regarded as a deserter in Hungary, as deserters can only be such as have already joined the army. Furthermore, in accordance with the military law of 1889 (paragraph 19, heading 1, Subdivision C) volunteers may only join the army or navy, irrespective of other legal requirements, when they have reached their seventeenth year. Such persons can not, however, be regarded as deserters, as only after they have actually enlisted can they be considered as in a position to desert. The undersigned further has the honor to say that according to article 2 of the Hungarian emigration law of 1909, men who have not received the permission of the minister of the interior under date of the 1st of January of the year in which they reach their seventeenth year, can not emigrate during that year. Those, however, under that age are not required to procure the above permission. The undersigned takes this occasion, etc., SIR: The department has received the embassy's No. 5 of April 20 last, relative to the military service and emigration laws of Hungary. 1Not printed. It appears from this dispatch that a Hungarian subject who has emigrated to the United States before performing military service is not considered a deserter unless he had actually joined the army. It does not appear that the department has as yet received authoritative information as to the age at which a Hungarian subject is drafted at the time of conscription, and thus having become enrolled as a recruit for service in the standing army, as provided in Article II of the naturalization treaty of 1871. The circular notice to American citizens formerly subjects of Austria or Hungary, who contemplate returning to either of those countries, issued by the department on December 9, 1909, contains the statement that all male subjects of Hungary are liable to the performance of military service between the ages of 17 and 42 years. This information was based on the statement in the embassy's No. 998 of November 14, 1909, which, however, does not seem to be entirely authoritative. In order that the department may be in a position to inform Hungarians who have emigrated before joining the army as to their liability to punishment under the treaty upon returning to Hungary, you will endeavor to secure authentic and definite information as to the age of enrollment in Hungary. I am, etc., File No. 19375/11. (For Mr. Knox), HUNTINGTON WILSON. Ambassador Kerens to the Secretary of State. AMERICAN EMBASSY, Vienna, May 28, 1910. SIR: I have the honor to acknowledge the receipt of Mr. Wilson's dispatch No. 13, dated May 13, 1910, instructing this embassy to obtain authentic and definite information as to the age of enrollment in Hungary. I have to-day addressed a note to the imperial and royal minister for foreign affairs on the subject, copy of which I inclose, and upon receipt of a reply thereto I shall promptly transmit the same to the department. I have, etc., YOUR EXCELLENCY: Acting under instructions of my Government, I have the honor to ask your excellency for an authoritative statement as to the age at which a male Hungarian citizen is subject to enrollment, by conscription, in the army, and to which reference is made in Article II of the naturalization treaty of 1871 between the United States of America and the Austro-Hungarian monarchy. The favor of a prompt reply would be greatly appreciated. I avail, etc., R. C. KERENS. File No. 864.56/12. Ambassador Kerens to the Secretary of State. AMERICAN EMBASSY, SIR: Referring to the department's instructions No. 13 of the 13th of May, 1910, relative to military service and the emigration laws of Hungary, I have the honor to send you herewith a copy and a translation of note received by this embassy from the foreign office regarding the matter in question. The Hungarian emigration law of 1909 in no way alters the military law of 1889 (Gesetz vom 11. April 1889, betreffend die Einführung eines neuen Wehrgesetzes) which was passed simultaneously by the Legislatures of Austria and of Hungary and which regulate all things effecting enlistment in the army of the Austro-Hungarian Monarchy. It regulates the enlistment both in the Austrian landsturm and landwehr and in the Hungarian honvedseg and népkölés, as well as in the common army and navy. According to the terms of this law a man is liable to be taken for military service after the 1st of January of the calendar year in which the man in question reaches his twenty-first year and ends with the 31st of December of that year in which the man in question ends his thirty-sixth year. I inclose a copy of the military law of 1889, which is in all points a counterpart of the Hungarian law of 1889. I think that it may be taken for granted that a man who emigrates in contempt of the Hungarian emigration law of 1909 will on his return to Hungary be punished according to the terms of that law, but he can not be forced to serve in the army in view of the treaty of naturalization of 1871, unless he has broken the military law of 1889 before his emigration. I have, etc., R. C. KERENS. [Inclosure.-Translation.] The Minister for Foreign Affairs to Ambassador Kerens. MINISTRY FOR FOREIGN AFFAIRS, In answer to the much-esteemed note of the 27th of May, 1910, No. 15, the undersigned has the honor to inform his excellency, the ambassador extraordinary and plenipotentiary of the United States of America, Mr. R. C. Kerens, that paragraphs 7 and 38 of Article No. VI of the Hungarian law of the year 1889 refer to the time for presentation for military service referred to in Article II, Point I of the treaty of 1870. The time for presentation for military service of a Hungarian subject begins on the 1st of January of the year in which he will reach his twenty-first year and ends on the 31st of December of the year in which he has already reached his twenty-third year. Should, however, the person liable to present himself for military service for some reason or other not have done so, he can subsequently be called upon to fulfill the same until the 31st of December of the year in which he has already reached his thirty-sixth year-namely, as set out in the above-referred-to paragraph 38. The undersigned takes this occasion, etc., File No. 864.56/12. No. 71.] The Acting Secretary of State to Ambassador Kerens. Washington, November 1, 1910. SIR: I have to acknowledge the receipt of your dispatch No. 39 of June 21, 1910, in regard to the liability of persons of Austrian and Hungarian origin to perform military service in their respective native countries. In reply I send you herewith six copies of the department's "Notice to American Citizens Formerly Subjects of Austria or Hungary Who Contemplate Returning to Either of Those Countries," issued October 22, 1910. You will note that the statement in the first paragraph in regard to the age of liability to perform military service in Austria and Hungary has been amended in accordance with the information contained in your dispatch. I am, etc., ALVEY A. ADEE. [Inclosure.] AUSTRIA-HUNGARY. Notice to American citizens formerly subjects of Austria or Hungary who contemplate returning to either of those countries. The information given below is believed to be correct, yet is not to be considered as official, so far as it relates to the laws and regulations of Austria-Hungary. Liability to perform military service in Austria and in Hungary arises on January 1 of the calendar year in which an Austrian or Hungarian reaches his twenty-first year and ceases on the 31st of December of the year in which he ends his thirty-first year. Under the terms of the treaty between the United States and Austria-Hungary a former subject of Austria or Hungary who has resided in this country five years and has been naturalized as a citizen of the United States is treated upon his return as a citizen of the United States. If he violated any criminal law of his original country before the date of emigration he remains liable to trial and punishment, unless the right to punish has been lost by lapse of time as provided by law. A naturalized American citizen formerly a subject of Austria or Hungary may be arrested and punished under the military laws only in the following cases: (1) If he was accepted and enrolled as a recruit in the army before the date of emigration, although he had not been put in service; (2) if he was a soldier when he emigrated, either in active service or on leave of absence; (3) if he was summoned by notice or by proclamation before his emigration to serve in the reserve or militia and failed to obey the call; (4) if he emigrated after war had broken out. A naturalized American citizen of Austrian or Hungarian origin on arriving in his original country should at once show his passport to the American consul, or at least to the local authorities; and if, on inquiry, it is found that his name is on the military rolls he should request that it be struck off, calling attention to the naturalization treaty between this country and Austria-Hungary published in 1871. The laws of Austria-Hungary require every stranger to produce a passport on entering. This provision is not usually enforced, but may be at any time. Travelers are usually called upon to establish their identity and are advised to provide themselves with passports. They do not ordinarily require to be viséed. A native of Austria or Hungary will probably experience difficulty in establishing his status if he returns to his original country bearing an American naturalization certificate and passport issued in a name different from his original name Such a person, if his name has been changed by order of a court, should take with him a properly authenticated copy of the order of the court; if the change of name was not legally made, he should obtain from the court in which he was naturalized a new certificate of naturalization in his lawful name, and his passport application should agree therewith. Attention is called to the following provisions of the second section of the Expatriation Act, of March 2, 1907: That any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign State in conformity with its laws, or when he has taken an oath of allegiance to any foreign State. When any naturalized citizen shall have resided for two years in the foreign State from which he came, or for five years in any other foreign State it shall be presumed that he has ceased to be an American citizens and the place of his general abode shall be deemed his place of residence during said years: Provided, however, That such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe: And provided also, That no American citizen shall be allowed to expatriate himself when this country is at war. merican citizens in Austria-Hungary should apply for registration in the nearest American consulates. DEPARTMENT OF STATE, Washington, May 15, 1912. CITIZENSHIP OF RUDOLF WARREN-LIPPIT. File No. 21158. The Chargé of Austria-Hungary to the Secretary of State. No. 2028.] [Translation.] AUSTRO-HUNGARIAN EMBASSY, Manchester, Mass., August 18, 1909. YOUR EXCELLENCY: Rudolf Warren-Lippit, residing and owning property at Thurnisch, Rann Parish, Steiermark, Austria, claims to be an American citizen and is also in possession of a passport issued by the former United States Legation at Vienna, No. 104, and dated December 31, 1879. The Austro-Hungarian ministry of foreign affairs has instructed me to ascertain whether Mr. Rudolf Warren-Lippit, as well as his son of the same name, born in 1890 at Thurnisch, Steiermark, are really American citizens. I therefore have the honor to request your excellency to kindly have this information procured, and permit myself to await an answer in due course. Please accept, etc., L. AMBRÓZY. File No. 21158. The Acting Secretary of State to the Chargé of Austria-Hungary. No. 471.] DEPARTMENT OF STATE, Washington, September 8, 1909. SIR: I have the honor to acknowledge the receipt of your note of the 18th ultimo, in which, under instructions from your Government, you make inquiry as to the citizenship of Mr. Rudolf Warren-Lippit, residing at Thurnisch, Rann parish, Steirmark, and his son, bearing the same name, who was born at Thurnisch in 1890. In reply I have the honor to advise you that the matter has been brought to the attention of the American Embassy at Vienna, with |