in 1886, have become lawfully naturalized independently after attaining the age of 21 and after having resided five years in the United States. As to Ephraim Kohn, born at Pressburg in 1876, before the naturalization of his father, he is still a minor, and could not claim the status of a citizen save through actual residence in the United States at the time of his father's naturalization or subsequently thereto. But if, as stated in my first reply, the father, Aaron Kohn, was improperly naturalized, this Government could not claim the citizenship of Ephraim Kohn under and through the father's invalid title.

Third. The two conditions imposed by Article I of the convention of 1870 are regarded as concurrent but separable in fact. It is requisite that the party shall have resided at least five years in the United States, and also that during such period he shall have become a naturalized citizen of the United States. Now, a minor alien may in some cases lawfully acquire American citizenship after less than five years' residence within our jurisdiction, but for the effects of the convention of 1870 the fulfillment of the concurrent condition of full five years' residence should in case of question also be shown.

The foreign-born minor children of an alien, if dwelling in the United States at the time of their father's naturalization or subsequent thereto while still minors, acquire American citizenship ipso facto, without the formality of a judical decree. (Sec. 2172, Rev. Stat.) Again, when an alien who has lawfully declared intention to become a citizen dies before actual completion of his naturalization, "the widow and children of such alien shall be considered as citizens of the United States, and shall be entitled to all rights and privileges as such upon taking the oaths prescribed by law." (Sec. 2168, Rev. Stat.)

There are also two cases in which an alien, being over 21 years of age, may lawfully acquire citizenship after less than five years' residence in the United States. An honorably discharged enlisted soldier is not required to prove more than one year's residence prior to his application. (Sec. 2166, Rev. Stat.) An alien seaman, after three years' service on an American ship, may upon discharge therefrom be admitted to citizenship. (Sec. 2174, Rev. Stat.) These two cases are, however, very exceptional. In the great majority of cases the possession of a judicial certificate of naturalization attests that the person has been admitted to citizenship after proving fulfillment of all the conditions prescribed by law, two of which conditions are the attainment of 21 years and a residence of five years prior to application. The oath of the applicant shall in no case be allowed to prove his residence, but the fact and duration of such residence must be otherwise made to appear to the satisfaction of the naturalizing court. (Sec. 2165, Rev. Stat.) If, however, the circumstances of an individual case arising under the convention of 1870 indicate that the party may have acquired lawful citizenship through the father's naturalization or otherwise after less than five years' residence, it is proper for the effects of that convention that he be called upon to prove a completed five years' residence in addition to the fact of citizenship. This not infrequently happens in the German States, with which we have conventions imposing the same dual conditions as are found in Article I of the Austro-Hungarian convention.

The certificates of naturalization inclosed with your note are returned as requested.

Trusting that the foregoing statements will meet the desires conveyed in your note, I avail, etc.,

W. W. ROCKHILL,
Acting Secretary.

No. 220.1

MILITARY SERVICE-CASE OF FRANZ HOLASEK.

Mr. Tripp to Mr. Olney.

UNITED STATES LEGATION,

Vienna, December 18, 1896. (Received Jan. 4, 1897.) SIR: I have the honor to herewith submit for your consideration copies of the correspondence between this legation and the Imperial and Royal ministry for foreign affairs of Austria-Hungary in reference to the case of Franz Holasek, a native of Bohemia, who, having served four years in the Austrian army, and while his name yet remained upon the retired list, emigrated to America, and became a naturalized citizen of the United States, and who, upon his return to his native country, was arrested upon the charge of desertion.

The case was submitted to the Imperial and Royal ministry for foreign affairs by this legation as coming within the rule established in the case of Ladislao Sedivy, reported to you in my dispatch No. 208,' of date October 1 last; and in accordance with the precedent estab lished in that case Mr. Holasek has been discharged from arrest and his name stricken from the rolls of the Austrian army.

I am further pleased to inform you that the other cases of arrest made about the same time with that of Sedivy and Holasek, based upon the theory that a soldier of the Austro-Hungarian army, who has performed the three years of active service required, but whose name still remains upon the retired list, and who remains liable to be called at any time into active service, and who, during such existing liability, emigrates to and becomes a citizen of the United States, is liable to arrest and punishment as a deserter upon his return to his native country, have been all of them discharged without further application to or correspondence with the foreign office of Austria Hungary; so that the rule laid down in the case of Sedivy may be regarded as the admitted interpretation of the treaty of 1870 as to the question therein involved, and which must govern all future cases coming within its terms.

I have, etc.,

[Inclosure 1 in No. 220.]

BARTLETT TRIPP.

Mr. Judd to Mr. Townsend.

UNITED STATES CONSULATE GENERAL,
Vienna, September 22, 1896.
Franz Holasek, a naturalized
charged with desertion from

SIR: I have the honor to report that American, is under arrest at Brunn, and the Imperial and Royal army.

He is a native of Bohemia, 34 years old, married, emigrated in 1888, naturalized in 1893, returned May, 1896, carrying passport No. 8477, issued by the Department of State March 24, 1896. According to the facts brought out by rigid examination of his brother-in-law, he served four years in the army and received no call for any Waffenübung, while emigrating or thereafter.

To-day I am in receipt of a telegram stating that in spite of my request M. C. 5555, sent to the Bezirkshauptmann at Brunn under date of September 18, Franz Holasek remains in arrest, and I now hand the case over to you to take further and more effective steps.

Printed ante, page 6.

At the same time I beg to refer you to the case of Charles Glasel, arrested April 30 and released May 27, which was exactly the same case as the above.

I inclose herewith the certificate of naturalization and the passport of Franz Holasek.

I am, etc.,

MAX JUDD, Consul-General.

[Inclosure 2 in No. 220.]

Mr. Tripp to Count Goluchowsky.

UNITED STATES LEGATION,
Vienna, September 22, 1896.

YOUR EXCELLENCY: Complaint has been made to this legation that Franz Holasek, a naturalized citizen of the United States, is now under arrest at Brunn, charged with desertion from the Austro-Hungarian army. The facts, as represented, are as follows: Franz Holasek was born in Bohemia in 1862; he served four years in the Austrian army, and, after being discharged therefrom, he emigrated to the United States in 1888; resided there for eight years, from 1888 to 1896; was naturalized before the district court of Ohio on the 20th of October, 1893, as shown by his certificate of naturalization, a copy of which is herewith inclosed for your excellency's consideration. On the 24th of March, 1896, a passport was issued to him by the Department of State, numbered 8477, a copy of which is also submitted. Mr. Holasek returned to his native country, Bohemia, in May, 1896, and is at present under arrest at Brunn as a deserter.

As Mr. Holasek emigrated to the United States after having served in the Austrian army, while he was on the retired list and before he received a call for further service, your excellency will agree with me that under no circumstances can Mr. Holasek, a naturalized citizen of the United States, be held for military duty under the treaty existing between Austria-Hungary and the United States. In this connection I beg to call your excellency's attention to the similar case of Ladislao Sedivy, and the esteemed note of the Imperial and Royal ministry of foreign affairs of September 16, 1896, relating thereto, in which it is explicitly stated that "as Mr. Sedivy emigrated to the United States before he had received any summons to report for duty, was subsequently naturalized as a citizen of the United States, he is, therefore, according to Article II of the treaty of 1870 with the United States, not liable to military duty."

In view of these facts I trust that your excellency will see that the necessary orders are immediately issued for the release of Mr. Holasek and for the cancellation of his enrollment in the army of AustriaHungary.

Thanking your excellency for the prompt and efficient action which has always characterized the conduct of the ministry of foreign affairs of Austria-Hungary in the matter of complaints made by citizens of my country, permit me to take this occasion to renew, etc.,

BARTLETT TRIPP,

FR 96-2

[Inclosure 3 in No. 220.-Translation.]

Count Sceszen to Mr. Tripp.

VIENNA, November 4, 1896.

In preliminary reply to the esteemed note of September 22 last, numbered 150, the contents of which have been communicated to the Imperial and Royal ministry for public defense, the Imperial and Royal ministry of foreign affairs now has the honor of informing the honorable envoy of the United States, Mr. Bartlett Tripp, that Franz Holasek (Kolasek), a naturalized citizen of the United States, arrested for desertion, was set at liberty as early as October 6 last, that the investigations begun in this case are not yet brought to a close, and that a full report will be made to the honorable envoy as soon as a result has been obtained.

The undersigned avails, etc.,

SCESZEN,

For the Minister.

[Inclosure 4 in No. 220.-Translation.]

Count Welsersheimb to Mr. Tripp.

VIENNA, December 17, 1896.

Supplementary to the note of November 4 last, the Imperial and Royal ministry of foreign affairs has the honor of informing the honorable envoy of the United States, Mr. Bartlett Tripp, that the Imperial and Royal ministry of public defense gives information that Franz Holasek (Kolasek), a naturalized citizen of the United States, of whose setting at liberty the honorable envoy had been notified by the abovementioned note, has now been definitely discharged, the charge of desertion brought against him having been entirely withdrawn.

The undersigned avails, etc.

WELSERSHEIMB,
For the Minister.

BELGIUM.

PROHIBITION OF THE IMPORTATION OF AMERICAN CATTLE.1

No. 200.]

Mr. Olney to Mr. Ewing.

DEPARTMENT OF STATE,
Washington, April 1, 1896.

SIR: I inclose for your information a copy of a communication of the 30th ultimo, from the Secretary of Agriculture transmitting a letter received by him from Messrs. Patterson, Ramsay & Co., steamship agents and brokers, Baltimore, concerning the alleged opening of the ports of Belgium to cattle from the Netherlands, and to the recent discussion of the subject in the Belgian Chamber of Representatives.

A report of the debates in question will be found on pages 267 et seq. ( (session of March 10, 1896) of the official journal of the proceedings of the Chamber of Representatives. A copy thereof is not sent to you as you doubtless have ready access at Brussels to the official reports of the debates.

You are instructed to make full inquiries in regard to the matter complained of and to ascertain whether the Belgian Government is willing to remove any discrimination which may now be made against the importation of American cattle in favor of those imported from the Netherlands or any other countries. I am, etc.,

RICHARD OLNEY.

[Inclosure in No. 200.]

Mr. Morton to Mr. Olney.

U. S. DEPARTMENT OF AGRICULTURE,

OFFICE OF THE SECRETARY,
Washington, D. C., March 30, 1896.

SIR: I have the honor to inclose for your information a letter from Messrs. Patterson, Ramsay & Co., steamship agents and brokers, Baltimore, Md., concerning the opening of the ports of Belgium to the cattle from Holland and the discussion on this matter in the Belgian Chamber of Representatives. I also inclose the record of the discussion referred to, which has been furnished by Messrs. Patterson, Ramsay & Co. An examination of this discussion appears to warrant the assertion made in the letter that there is a serious discrimination by Belgium against this country in closing the ports to our cattle. If there is anything which can be done by the State Department to secure justice for our exporters of live animals I feel sure that after examining these inclosures you will take any steps that may be indicated for that purpose. I have, etc.,

J. STERLING MORTON,

I See Foreign Relations, 1895, Part I, pp. 25-37.

Secretary.