File No. 4062/13–14.
Following the instructions contained in Mr. Bacon’s No. 98 dated April
13, 1907, I addressed Baron Aehrenthal on May 7, 1907, at considerable
length not only upon the particular case of Mr. Fink but on the general
question involved of former Austrian or Hungarian subjects returning, as
American citizens, to the country of their origin. Receiving no answer
to my communication mentioned, I addressed several notes upon the
subject at different times to the imperial and royal minister of foreign
affairs, supplemented by personal effort, to obtain the attitude of the
Austrian Government toward the general question involved, but not until
to-day have I been able to obtain any word in reply from the Austrian
Government.
[Inclosure—Translation.]
The Minister for Foreign
Affairs to Ambassador Francis.
Imperial and Royal Ministry for
Foreign Affairs.
No. 7925/7.
In the esteemed note F. O. No. 84 of May 7, 1907, his excellency the
ambassador of the United States of America was pleased to state the
point of view of the Government of the United States of America in
the matter of treatment of naturalized citizens of the United
States, who were formerly Austrian citizens, upon their return to
their former home, in order that the decree of expulsion issued by
the imperial and royal Bezirkshauptmannschaft at Grybow against the
naturalized American citizen, Selig Fink, might be revoked.
The undersigned has not failed to convey the contents of the
above-mentioned esteemed note to the imperial and royal ministry of
the interior for its decision in the matter, and in accordance with
the report received from that ministry begs most respectfully to
present the following to his excellency, the ambassador of the
United States of America.
The imperial and royal ministry of the interior agrees entirely with
the point of view of the American Government that it would be wrong
and unjust to issue a decree of expulsion against every former
Austrian citizen who, before he had fulfilled his military service
in his native land, had become naturalized in America and returned
to Austria as an American citizen. The ministry of the interior is
of the opinion that every case of this kind should be specially
examined and treated according to its individual merits.
The ministry of the interior can not agree to the view that in the
decision of certain cases special consideration shall be given to
those individuals who, under the pressure of particular
considerations, assume a residence in their former home for a
certain time intending to return to the United States after they
have completed their business.
From the point of view of the imperial and royal ministry of the
interior the case of Selig Fink can not be included in the list of
those deserving special consideration.
The above-named Selig Fink, whose true name is Selig Gottlob, came to
Grybow in August, 1905. This fact has been determined by papers
submitted by the Bezirkshauptmannschaft. The decree of expulsion
against Selig Fink was issued by the imperial and royal
Bezirkshauptmannschaft in July, 1906, so that he was able to spend
11 months in Grybow. Fink, therefore, had ample time, if, in his
case there had been a question or merely temporary residence, to
have attended to all his business affairs.
Under these circumstances the imperial and royal ministry of the
interior considers that the imperial and royal officials were
entirely justified in making an exception in this case by issuing an
order of expulsion and in considering that Fink had the intention of
residing permanently in Grybow.
[Page 29]
The imperial and royal ministry of the interior wishes in this
connection to correct any impression in the mind of his excellency
the ambassador of the United States of America of an unfair decision
or an evasion of duty on the part of the Austrian officials.
The undersigned avails, etc.
For the minister:
Lad.
Müller.
Vienna, February 3,
1908.
