The New Orleans bulletin., 1875-03-27
How an American Minister Defrauded
His LandIadjes
Vienna Letter to Courier-Journal.i

States to Austria, rented at the beginning c
the Vienna Exhibition from two sisters, cer
tiin Misses 1atton, the rooms on the secon
floor Of a palatial house on the so-cale,
| kOowrat-rlng, one Of the most magnificen
boulevards OF the city, at a yearly rent O
1900 florins, sum equal to $4,000, for 81
indefinite time, and upon the condition tha
each party was to give to the other one year
notice to quit. When the Exposition wa
over rents had considerably gone down, enc
| Mr. jay being about to take a trip to America
and then evidently not thinking of his exter
ritori ,lity as Minister, had his landladie
served with notice through the District Cour
fer the inner city of Vienna, the only cour
| having by law jurisdiction in such matters
that he would quit the premises at the expira
| ton of six months from the service of th,
| notice.
The lessons, of course, excepted in the same
court to this hat-yearly notice. Upon thi
exception, a day was set for hearing in &C
cordance with the provisions of the statute
| concerning controversies between landlords
| and tenants. The summons notifying Mr.
Jay OF the hllng OF this exception and of the
day appointed tor the hearing of 1t was placed
| into the hands of a Marshal of the Lord Mar
shal's office, but he attempted in vain to serve
| the same tor Mr.. Jay refused to accept the
| summons insisting upon his exterritoriality
| as Minister, nor were any of the higher
| Courts, nor even the Ministry of Foreign
Affairs, who were appealed to, able to effect a
service.
Thereupon the lessons. proceeding under
section 276 Of the Civil Code, moved that a
guardian ad Item be appointed for Mr.. Jay to
defend him, which motion was sustained
and though the Circuit Court on appeal re-
versed this order of the District Court, the
supreme Court sustained the ruling of the
District Court, and guardian ad Item was at
last appointed. The latter traversed all the
allegations made in the exceptions, and.
moreover pleaded want of jurisdiction. The
court, however, made an interlocutory order
to the effect that the notice was invalid if it
should be established first by the testimony
of witnesses, and, III the absence of such evi-
dence, by the corporal oath of the lessons that
one years notice had been agreed upon.
La compliance with this order the lessons sub
pTnaed the Secretary Of the American Lega-
ton AS their witness; but he, following the
example OF his master, refused to appear He
being the only witness to the transaction, the
lessons thereupon took the corporal oath, and
final decree was rendered-tnat the six
months notice 10 quit given by Mr.. Jay was
null and void.
But this decree availed the landladies very
little. They only enjoyed the honor OF paying
gigantic sun in the way of fees and costs
for the innumerable motions, appeals and
applications to the Ministers of Foreign AZ
fairs and Justice, Count Andrassy and Mr.
CHASER. A petition addressed to the President
of the United States, Ulysses S. Grant, con
tanning an explicit statement Of the facts and
and asking for. his assistance
against his Minister, who had ensconced him
self behind his off cial immunity, was likewise
in vain, for it was not deigned a reply.
Meanwhile, Mr.. Jay had returned from
America to Vienna and had rented other
quarters, most likely with the laudable inten-
ton of treating his new landlord in the same
cavalier fashion, and cody waiting for further
developments.
The Tatton sisters now by their attorney. |
DR.. Gunesch, Instituted suit in the same Dis |
trict Court against Mr.. Jay, for the payment
Of 5000 tiorins, the rent in arrear for the last
SIX months, from May to November, 1874. |
And now the same difficulties arose about the |
service of process, for Mr. Jay again refused |
70 accept the summons from the hands of the |
Marshal of the Lord Marshais office, and
tgain guardian ad dem had to be appointed.
he latter was instructed to appeal from the
'rder appointing him. The Circuit Court on
appeal reversed the order and the Supreme
1ourt concurred in the reversal. This, Of
'ourse put an end to he case, as the Court
'onld not get jurisdiction over the person
ither by actual or by constructive service.
Many judges and officers of the courts and
through which this case, which
lad created a great sensation, had passed.
gere convinced that it was only Mr.. Jaws
Intention to show that he could not be com
'elled to pay by law, but would, like a gen
leman, arrange the matter in an amicable
7ay. But in this they were mistaken, for
Ir. jay had never paid the rent, aud thus
leanly took advantage of the privileges
ccorded to him by the law of nations, and
be impotence Of Austria to protect her citi-
ems against foreigners by her diplomacy, to
eat his landladies out of $4,000 rent