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GREECE

UNSUCCESSFUL ATTEMPTS TO OBTAIN EXTRADITION OF SAMUEL INSULL FROM GREECE; DENUNCIATION BY THE UNITED STATES OF EXTRADITION TREATY OF MAY 6, 1931-Continued

Date and

number

Subject

Page

1933 Aug. 1 (1230)

To the Chargé in Greece

561

Transmittal of papers, and instructions to again make request to the Greek Government for the arrest and surrender of Insull under the treaty provisions.

Aug. 26 (78)

From the Chargé in Greece (tel.)

562

Arrest of Insull after alleged administrative delay; intention to present formal demand for surrender as soon as copies of Greek text can be prepared.

Oct. 31 (107)

Nov. 1 (108)

From the Minister in Greece (tel.)

From the Minister in Greece (tel.)

562

Information that extradition of Insull was again refused by Greek court, and that he has been set free.

563

Information that prosecutor is of the opinion that court decision has left the way open for the introduction of new evidence and reopening of the Insull case, and that he is preparing a memorandum accordingly.

Nov. 2 (54)

To the Minister in Greece (tel.)

563

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Advice that unless the Greek authorities act promptly in reopening the Insull case, the Department is considering making strong protest against court decision and denouncing extradition treaty; request for information concerning grounds for court's decision.

From the Minister in Greece (tel.)

Information that court decision was based solely upon lack of proof of criminal intent, and opinion that Greek Government has no intention of reopening case; suggestion that Premier be approached concerning possibility of expulsion of Insull under Greek law providing for expulsion of aliens for reasons of public interest upon recommendation of certain Cabinet Ministers.

To the Minister in Greece (tel.)

Nonintention to request or suggest that Insull be expelled from Greece; opinion, however, that such action taken voluntarily by the Greek Government would be very helpful in appeasing public opinion in the United States.

From the Minister in Greece

Note to Foreign Office, November 5 (text printed), containing formal notice of denunciation of extradition treaty in protest against court decision in the Insull case, and reply of Greek Government, November 9 (text printed). From the Minister in Greece (tel.)

Foreign Minister's inquiry as to what the United States could do to facilitate expulsion of Insull by providing a passport good for contiguous and other countries and assuring his acceptability therein.

564

564

565

567

GREECE

UNSUCCESSFUL ATTEMPTS TO OBTAIN EXTRADITION OF SAMUEL INSULL FROM GREECE; DENUNCIATION BY THE UNITED STATES OF EXTRADITION TREATY OF MAY 6, 1931-Continued

Date and

number

Subject

Page

1933 Nov. 22 (58)

To the Minister in Greece (tel.)

Dec. 15 (93)

Willingness of Department to rescind the cancellation of Insull's passport if it is necessary to provide him with a valid travel document in order to effect expulsion.

From the Minister in Greece

Information from Foreign Minister that Insull has been notified to leave Greece by January 31, 1934.

ITALY

PROPOSED TREATY BETWEEN THE UNITED STATES AND ITALY CONCERNING
NATIONALITY AND MILITARY OBLIGATIONS

1932 Sept. 16

Dec. 14 (816)

Memorandum by the Ambassador in Italy

Discussion with newly appointed Italian Ambassador to the United States concerning possibility of negotiation of a naturalization treaty between the United States and Italy; suggestion for meeting Italian objection that such a treaty would allow other countries to invoke the most-favorednation clause, thus permitting drafting of Italian subjects in certain European countries.

To the Ambassador in Italy

14 | T6

Transmittal of a draft treaty on nationality and military obligations (text printed) for discussion with the Foreign Office; observations concerning the proposed treaty.

568

568

570

572

1933 Feb. 23

From the Ambassador in Italy (tel.)

577

(7)

Advice that treaty will be discussed with the Under Secretary of State for Foreign Affairs in the near future; request for full powers to sign treaty in event complete agreement is reached.

578

Feb. 28 (10)

May 11 (1891)

To the Ambassador in Italy (tel.)

Authorization to sign treaty if draft is accepted, but instructions to submit any modifications for Department's approval.

From the Ambassador in Italy

Opinion that there is a real possibility of reaching an agreement with Italy on the treaty, but that the Italian Government must first secure passage of legislation with regard to the loss of Italian nationality abroad before proceeding with treaty negotiations.

[July]14 To the Ambassador in Italy (tel.)

(36)

578

579

Instructions to discuss the proposed treaty with the Foreign
Minister at the earliest opportunity, emphasizing the U.S.
Government's desire for conclusion of the treaty.

ITALY

PROPOSED TREATY BETWEEN THE UNITED STATES AND ITALY CONCERNING
NATIONALITY AND MILITARY OBLIGATIONS-Continued

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Subject

From the Ambassador in Italy

Hope of Under Secretary of State for Foreign Affairs that the necessary legislation in support of the treaty will be passed in the December session of the Senate and that the text of the treaty will be ready by then; his comment that some Italian officials are not satisfied with the text proposed by the United States and want to make a fresh start.

To the Ambassador in Italy

Instructions to discuss treaty again with the Under Secretary in an effort to ascertain the particular provisions of the U.S. draft to which the Italian authorities object so that a solution of the difficulty may be worked out.

From the Ambassador in Italy

Report of discussion with the Under Secretary concerning Italian objections to U.S. draft treaty; submission of suggested changes in certain treaty provisions to meet these objections.

To the Ambassador in Italy (tel.)

Information that suggested changes in draft treaty have
been approved in general but that certain modifications have
been made.

From the Italian Under Secretary of State for Foreign
Affairs to the American Ambassador in Italy
Enumeration of the difficulties of reaching a settlement of
the naturalization question on the basis of the U.S. draft
treaty, but expressing willingness in principle to conclude
an agreement on the subject.

(Note: Information that on January 18, 1934, the Ambas-
sador in Italy was advised that, in view of the disinclination
of the Italian Government to conclude a treaty, the negotia-
tions should be dropped for the present.)

Page

FASCIST PRESSURE ON NATURALIZED AMERICAN CITIZENS VISITING ITALY

579

580

581

583

583

584

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To the Consul at Trieste (tel.)

585

Instructions to render appropriate assistance to Guido Cimador, a naturalized American citizen alleged to have been arrested and imprisoned at Prato Carnico on June 3.

585

Aug.

4 From the Consul at Trieste (tel.)

Aug. 11 (289)

Report that unofficial information has been received that the real reasons behind Cimador's arrest for political and moral reasons were his actions in placing flowers on the bier of a dead anarchist and accompanying body to the grave. From the Consul at Trieste

Report of investigation of the Cimador case; opinion that Cimador did not receive a fair trial by American standards, and that the Italian authorities were aware of his American citizenship.

585

ITALY

FASCIST PRESSURE ON NATURALIZED AMERICAN CITIZENS VISITING ITALY-Contd.

Date and

number

1933

Subject

Page

Aug. 14 (87)

From the Ambassador in Italy (tel.)

587

Information that representations are being made to central political authorities for release of Cimador.

Aug. 15

From the American Ambassador in Italy to the Italian
Director General for Political Affairs

587

Submittal of a memorandum in the case of Guido Cimador and advice that he is an American citizen.

Aug. 28

Memorandum by the Consul at Trieste
Review of the Cimador case.

587

589

Aug. 31 (95) Oct. 19 (308)

From the Ambassador in Italy (tel.)

Information from Trieste that Cimador has been released.
From the Consul at Trieste

Instance of Fascist pressure upon naturalized American
citizens of Italian birth in the case of Aurelio Toppano, who
had become a member of the Fascist Party, and had unwit-
tingly taken the Fascist oath (text printed), because of
promises of special privileges both in Italy and in the United
States.

590

REPRESENTATIONS BY THE ITALIAN EMBASSY RESPECTING VIOLENT DEATH OF AN ITALIAN NATIONAL WHILE DETAINED IN JAIL AT NEW ORLEANS

1932 June 27

From the District Attorney of New Orleans to the Secretary
of the Governor of Louisiana

Receipt of inquiries from the Italian Consul at New
Orleans concerning the death of Ross Palumbo, an Italian
citizen, allegedly at the hands of two members of the New
Orleans City Detective Department; information that an
investigation showed that the two men were indicted for
manslaughter, that the Grand Jury returned a vote of "no
true bill", and that therefore the case is closed and the State
barred from further action.

July 14 From the Italian Ambassador

Dec.

Presentation of facts in the case of Ross Palumbo and conclusion that there has been a gross miscarriage of justice; request, since there appears to be no hope of arriving at any results locally, for the intervention of the Department of State to secure redress, punishment of guilty parties, and an indemnity for Palumbo's widow and child.

1 To the Italian Chargé

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Advice that a letter has been received from the Governor of Louisiana transmitting results of an investigation of the Palumbo case by the District Attorney of New Orleans; enclosure of copy of letter of June 27 from the District Attorney of New Orleans to the Secretary of the Governor of Louisiana.

From the Italian Chargé

Information that the Italian Embassy cannot agree with the conclusions of the Attorney General of New Orleans; desire to be informed of Department's actions in bringing about a just solution of the case.

591

592

593

594

ITALY

REPRESENTATIONS BY THE ITALIAN EMBASSY RESPECTING VIOLENT DEATH OF AN ITALIAN NATIONAL WHILE DETAINED IN JAIL AT NEW ORLEANS-Continued

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Request for copies of official records, citations of pertinent authorities, citizenship data in the Palumbo case; expectation that all possible further steps will be taken to apprehend and punish the persons responsible for the death of Palumbo, and reminder that under international law a government is responsible for damages in such cases where appropriate actions for the apprehension and punishment of wrongdoers is not taken.

Feb. 7 To the Italian Ambassador

595

597

Information that steps are being taken to ascertain whether any further action can be taken by the competent authorities in the State of Louisiana.

July 5 From the Italian Ambassador

597

Desire for a speedy and satisfactory settlement of the
Palumbo case.

597

Aug. 12 To the Governor of Louisiana

Nov.

Reiteration of request for data referred to in Department's letter of February 7; probability that Italian Government will insist on payment of an indemnity if it cannot be convincingly established either that the death of Palumbo was not wrongful, or that the guilty parties have been punished.

3 To the Governor of Louisiana

Request for considered legal opinion of the Attorney General of Louisiana on the position of the State of Louisiana that it is barred from further action in the Palumbo case, in view of difference of opinion of the Italian Embassy; hope that, if it is so barred, action will be taken for the payment of a suitable indemnity as required under international law.

(Note: Information that no reply from the Governor of Louisiana has been found in the Department files, and that aside from an inquiry on June 27, 1934, no further representations were made by the Italian Government.)

599

601

LATVIA

REPRESENTATIONS REGARDING ALLEGED DISCRIMINATION AGAINST AMERICAN TRADE IN LATVIA

1933

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To the Minister in Latvia

Instructions for careful examination of any cases of discrimination against American trade by Latvian officials which may be brought to the attention of the Legation, with a view to making protest to the competent Latvian authorities; request for submission of a quarterly survey of new legislation, regulations, and practices restricting or discriminating against American trade and report of action taken by the Legation in connection with protection of American interests.

602

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