File No. 763.72111/146 The Austro-Hungarian Ambassador (Dumba) to the Secretary of State [Telegram] AUSTRO-HUNGARIAN EMBASSY, Manchester, Massachusetts, September 9, 1914. [Received 9 p. m.] I hear that Servian Sokol in Chicago, 1638 Diversey Parkway, publicly invites to collections for Servian war funds. I beg to call your attention to this breach of neutrality and to ask you to kindly invite state authorities to stop collection. DUMBA File No. 763.72111/248 The Austro-Hungarian Ambassador (Dumba) to the Secretary of No. X-13/xiv] State [Translation] AUSTRO-HUNGARIAN EMBASSY, Manchester, Massachusetts, September 25, 1914. [Received September 29.] EXCELLENCY: I have the honor to acknowledge your excellency's note No. 104 of September 10, in which your excellency answered my telegram of the 9th about the collections of the Servian Sokols with headquarters at 1638 Diversey Parkway, Chicago, Illinois, for the Servian war fund. It appears from a report of the Imperial and Royal Consulate General at Chicago that the United States District Attorney there has not yet re eived any instructions and therefore has taken no action in the matter. The aforesaid Consulate General is informed that the State authorities have no authority to interfere, and that in neutrality cases the United States District Attorney acts only upon instructions from Washington. I beg leave to forward to you herewith the original, together with an English translation, of one of the appeals published in the various Slavic newspapers, by which the above-named headquarters of the Servian Sokols solicits contributions to the Servian War Fund.1 As your excellency will see, this appeal is directed not only to the Servians of the Kingdom but to Slavs of all nationalities, that is to say, the same Servian agitation, which through its operation in the Austro-Hungarian Monarchy brought on the present war, is now being carried on here in the United States. Renewing my request that these collections, which plainly constitute a breach of neutrality, be stopped and that the money already collected be attached, I avail myself of this opportunity to renew [etc.] 'Not printed. C. DUMBA File No. 763.72111/263 The Acting Secretary of State to the Austro-Hungarian Ambassador No. 118] (Dumba) DEPARTMENT OF STATE, Washington, October 13, 1914. EXCELLENCY: Referring to your telegram of the 9th ultimo, in regard to the public appeal made by a Servian in Chicago for contributions to the Servian war fund, I have now the honor to inform you of the receipt of a letter from the Department of Justice, to which the contents of your telegram were communicated on September 10 last, stating that, after careful consideration by that department, nothing is found in the facts which constitutes any violation of the neutrality laws of the United States or any other penal law. The letter from the Department of Justice appears to have reference solely to the contents of your telegram of September 9, and not to the subsequent notes on the subject which you addressed to the department and which were communicated by it to the Attorney General. Upon receipt of the Attorney General's reply as to the statements made in those notes, you will at once be informed thereof. Accept [etc.] ROBERT LANSING File No. 763.72111/551 The Acting Secretary of State to the Austro-Hungarian Ambassador (Dumba) No. 124] DEPARTMENT OF STATE, Washington, November 5, 1914. EXCELLENCY: Referring to your notes of the 25th and 28th ultimo,' in regard to the activities of certain Servians in Chicago alleged to be in contravention of the neutrality laws of the United States, I have now the honor to advise you of the receipt of a letter on the subject from the Attorney General, who states that he finds no evidence in the papers submitted, so far as they contain an appeal for subscriptions, which would constitute any violation of the penal laws of the United States in general, or of those sections of the Federal penal code constituting the so-called neutrality laws. It is added that if a case should arise in which there was any evidence that the subscriptions raised by the Slavic gymnastic societies were to be made and used for the purposes of any military expedition or enterprise to be carried on from the territory of the United States, it is possible that a person making such a subscription would be criminally liable under section 13 of the said Federal penal code, on the ground that he does thus "provide or prepare the means 'Note of September 25, printed ante, p. 581; note of September 28, involving charges of illegal recruiting, printed in the section dealing with enlistments in belligerent forces, ante, p. 562. for any military expedition or enterprise." The Attorney General points out that there appears to be no such evidence in the papers submitted nor in the facts as stated by your excellency's notes. Accept, [etc.] ROBERT LANSING TREATMENT OF BELLIGERENT WARSHIPS, THEIR CREWS AND TENDERS, IN AMERICAN PORTS-INTERNMENT OF THE "GEIER " AND "LOCKSUN " File No. 763.72111G27/3 The Japanese Ambassador (Chinda) to the Acting Secretary of State JAPANESE EMBASSY, Washington, October 28, 1914. [Received October 29.] MY DEAR MR. LANSING: Adverting to our conversation on October 26 and to your unofficial letter of October 271 relating to the German man-of-war Geier and the Japanese battleship Hizen, I wish to inform you that the purport of our conversation as well as the contents of your letter has been referred to the home Govern ment. In the meantime, Baron Kato has sent me telegraphic instructions, which apparently crossed my cables, the substance of which I beg to enclose herewith. With regard to it, I should be greatly obliged if you would give me further information concerning your intention as regards the disposition of the Geier. I am [etc.] S. CHINDA [Enclosure-Substance of telegram] The Japanese Minister for Foreign Affairs (Kato) to the Japanese Ambassador at Washington (Chinda) [Received October 27, 1914.] I am advised that the German man-of-war Geier entered the port of Honolulu on the forenoon of October 15 and commenced repairs on the forenoon of the 17th and that there is as yet no prospect of her leaving the port. The Imperial Government, while implicitly relying on the strict maintenance of neutrality on the part of the United States Government, are constrained to view with some uneasiness the fact that the above man-of-war is apparently showing little sign of progress on repairs and of leaving the port, even after the elapse of two weeks. On the one hand, the Imperial Government are inclined to question whether such a state of things could fairly be reconciled with the spirit of Article 17 of the Hague convention concerning the rights and duties of neutral powers in naval war, and, on the other, are compelled to point out the circumstance that the said man-of-war, while having not the slightest apprehension of danger so long as she stays in the port of Honolulu, is a constant source of uneasiness and danger to the Japanese merchant vessels on the trade routes between Japan and the United States. In the circumstances, you will approach the United States Government informally, and ascertain and report as to their intention as regards the disposition of the Geier. File No. 763.72111G27/2 The British Ambassador (Spring Rice) to the Secretary of State No. 369] BRITISH EMBASSY, Washington, October 28, 1914. [Received October 30.] SIR: According to information which has reached my Government, the German war vessel Geier has been undergoing repairs at Honolulu since October 17, and should be now ready to take the sea. In view of Article 17 of No. 13 of the Hague convention of 1907 I have the honour to protest against the continued presence of the Geier in a United States harbour and to request that she may be interned. My Government has also been informed that the German ship Locksun is now in Honolulu with 1,000 tons of coal on board. As the Department was informed in the memorandum from this Embassy of the 19th instant,' she is one of the ships which have been despatched by Messrs. Behnmeyer from Philippine ports for the purpose of conveying supplies of coal to German cruisers. She sailed from Manila ostensibly for Menado (Celebes), but did not call there, and arrived at Honolulu on October 15 in company with the German cruiser Geier. As she obviously made a false declaration of destination, there appears to be circumstantial evidence that she has already been engaged in furnishing supplies to a belligerent warship, and that under the general rules of international law and the United States regulations of September 19, 1914, there is ground for detaining her for the purpose of enquiry. I have [etc.] CECIL SPRING RICE File No. 763.72111G27/4 The Acting Secretary of State to the German Ambassador (Bernstorff) DEPARTMENT OF STATE, Washington, October 30, 1914. MY DEAR MR. AMBASSADOR: The Department has been advised that the German gunboat Geier put into the port of Honolulu, and on October 15 the captain requested permission to make repairs to render the vessel seaworthy, and estimated the time for this work to be one week. The naval constructor of the United States at the port of Honolulu examined the vessel on October 20, and recommended that the time be extended eight days, from October 20, in order to place the boilers in a seaworthy condition. On October 27, the German consul at that port requested from eight to ten days additional time in which to make repairs to steam and feed piping and boilers that have been found to be in a leaking condition. Upon a further examination, the United States naval constructor reports that he is unable to state how long repairs should take, as 'Not printed. conditions requiring remedy may be found as work progresses. It is also reported that, on account of the generally bad condition of the piping and boilers, further time may be required to complete all repairs. The circumstances in this case point to the gunboat Geier as a ship that at the outbreak of war finds itself in a more or less brokendown condition and on the point of undergoing general repairs, but still able to keep the sea. In this situation the Government believes that it does not comport with a strict neutrality or a fair interpretation of the Hague conventions, to allow such a vessel to complete unlimited repairs in a United States port. The Government therefore has instructed the authorities to notify the captain of the Geier that three weeks from October 15 will be allowed the Geier for repairs, and that if she is not able to leave American waters by November 6, the United States will feel obliged to insist that she be interned until the expiration of the war.. I am [etc.] ROBERT LANSING File No. 763.72111G27/3 The Acting Secretary of State to the Japanese Ambassador (Chinda) DEPARTMENT OF STATE, Washington, October 30, 1914. MY DEAR MR. AMBASSADOR: In reply to your note of the 28th instant in regard to the German gunboat Geier, now undergoing repairs at Honolulu, I would advise you that the Imperial German Ambassador in this capital has been informed of this Government's intention to fix a definite period within which repairs to this vessel should be completed, and that if it is found impossible to complete the repairs within the period set, the United States will be obliged to insist that the gunboat be interned during the present war. Instructions have been issued to the United States officers to inform the captain of the Geier in this same sense. I am [etc.] File No. 763.72111G27/4 ROBERT LANSING The Acting Secretary of State to the British Ambassador (Spring Rice) DEPARTMENT OF STATE, Washington, October 30, 1914. EXCELLENCY: The Department has received your note of the 28th instant protesting against the continued presence of the Geier in a United States harbor and requesting that she may be interned. In reply I have the honor to inform you that the Imperial German Ambassador in this capital has been advised of this Government's intention to fix a definite period within which repairs to this vessel should be completed, and that if she is unable to leave American waters within the period set, the United States Government will |