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United States Department of State / Papers relating to the foreign relations of the United States, with the annual message of the president transmitted to Congress December 2, 1902

Austria-Hungary,   pp. 25-72 PDF (3.7 MB)

Page 69

Ji&. M~ Uorm~ck to Aft. hay. 
TTienna, 2Jfay 23, 1902. 
 SIR: I have the honor to lay before the Department of State and ask its
instructions in the case of one Armin Freiman, the facts in which are as
 Freiman was born at Kis Szeben, S~ros County, Hungary, on or about the 23d
day of March, 1877, emigrated to the United States on board the 1Jfaasdan~
sailing from Rotterdam on or about the 28th June, 1893, and resided uninterruptedly
at Pittsburg, in the state of Pennsylvania, from that time until the year
1900, and was naturalized as a citizen of the United States before the district
court of the United States of America in and for the western district of
Pennsylvania, as shown by his certificate of naturalization issued to him
by that court on the 23d day of March, 1900. On the 28th July following he
left the United States, having remained long enough to become naturalized
and so escape the military service required by the laws of the country of
his birth. He is now sojourning at the place of his birth and has been for,
the past two years, and, like many others, in my judgment, having accomplished
the purpose of becoming naturalized as an American citizen, namely, escaped
liability to military service as above indicated, has no fixed intention
of ever returning to the United States. 
 Technically Freiman may be entitled to a passport, but it seems to mime
that one should not be issued to him unless he can show evidence of a bona
tide intention to return there within two years, as he states in his application.
 I ask for instructions, not only for my guidance in this case, but in other
similar ones where circumstantial evidence justifies the belief that the
applicant has gone to the United States and become naturalized as a citizen
thereof only with the purpose of escaping military service in the land of
his birth, whither be returns as soon as this object can be accomplished,
thus evading his duties as a citizen of the country of his birth and the
country of his adoption. 
I have, etc., 
lift. IJ~iy to iift. lift (Jormick. 
  TVashngton, June 21, 1902. 
 SIR: Your No. 84 of the 23d ultimo, relative to the application of Armin
Freirnan for a passport, has been received. 
 The case does not, as it appears to the Department, call for special instructions,
being adequately covered by the general principles laid down in previous
instructions and especially in the circular instruction of March 27, 1899,
wherein it was stated: 
This Government does not discriminate between native-born and naturalized
citizens in according them protection while they are abroad, equality of
treatment being 

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