The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-09-02
That Auatrian Flag rrnuhl..

AiAiShOh", bepts l,--iHo HtteInpL OF
Chief Of Police Brown some time ago, to
compel the Austro- Hungarian consul,
Chamburg, stationed at this city, to take
down the Austrian flag, because he re-
garded 1t as violation Of the municipal
ordinance, prohibiting street obstruc-
tions, s,has been taken cognizance ofby the
Austrian government and State Depart
ment Of the United States, as the fol-
lowing correspondence will show:
Executive Department, Commonwealth Of
pennsylvania, Ofiiee of the Governor, Au-
gust, with, lSH-l1on. Andrew Fulton
Mayor OF the city OF pittsburg:
SIR have the honor to submit to
you the enclosed copy OF a communities
tion received this day from Hon. II. T..
Frelinghuysen, Secretary OF State, in re-
gard 10 difficulties existing between the
Austro- Hungarian consul ut Pttsburg
and the Chief of Police of the same city,
and 10 request that II receive your
prompt attention, and that you COM
municate to me at your earliest convent.
| ence the result OF your action in the
promisee. Yours,
RoBERT Il. PATTIsoS.
Department of state, Washington, Aug. 2s-
To His Excellency, Robert Il. Pattison
Governorof Pennsylvania:
Baron Shaofor, Minister of Austro-
Hungary, at this capital, recently
brought the attention of this
department to the fact that on a
recent ceremonial occasion, that of the
anniversary of the birthday of his
majesty, the Emperor of Austria and
King of Hungary, when the Austro-
Hungarian Consul of Pittsburg dis
played a flag OF that nation in
front OF his Consulate, ho was
peromptorily ordered by the Chief Il
Police, TO take II down, IL being di-
played In violation Of an ordinance
prohibiting the hanging out of swinging
signs ny street obstruction. The Consul
refused to remove the flag, claiming
his right TO hoist in pursuance of exist
ing treaty stipulations between the
United States and Austo- Hungary. In
an Interview between Baron Schaefer
and the Assistant Secretary Of State II
was suggested that the chief
Of police of Pittsburg might have acted
In ignorance of the Consul's rights un-
der the treaty, and the Baron having re.
ceived u report that the flag had re.
mained untouched all day seemed dis
posed 10 adopt that charitable view
and allow the matter to drop without
further notice. Baron Schaefer, in
note to me of the I'D inst, states that the
Chief of Police has pursued the mat
ter 80 far as to sue the Con-
sui for disobeying his orders
and has asked for Mr.. Schomburg's
arrest and under these circumstances the
interference of the State department.
The fourth article of the Consular Con.
yention of July, 1870, between the
United States and Aus'r- Hun
gary grants and provides
that Consuls General, Consuls, Vice.
Consnls aud Consular Agents shall be
ut liberty to place over the chief en-.
trance to their respective offices the arms
OF their nation, with the inscription
Consulate. General, Consulate, Vice
Consulate or consular agency, as may
be. They shall also be at liberty TO hoist
their consular flag on board vessels EN-
ployed by them In port for the discharge
Of their duty. II is unnecessary
10 observe 10 your excellency, that nm
der the constitution of the United
states, the treaty In question, IL part OF
tho supreme law of tho land, and has the
same force and effect as statute
Of the United States, and Is IN
be respected and obeyed In the same
manner, any State law ON municipal
ordinance TO the contrary nothwith-
standing. Ihave the honor, therefore,
TO request that your Excelloncy will
bring the subject of these instructions
to tho early attention of the superior
authority Of the city of Pittsburg, advis-
ing such functionary presumably the
Mayor that any proceedings which
may have been Instituted by the
chief of police against the Consul
should Mt once be dismissed without
charge, and at tho same time courte.
GUS and fitting explanation be