The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-09-02
MUNICIPAL VS.. NATIONAL LAW.
Pittsburg's Police Chief Comes in Contact
with the State Department,

PrTTsBURG, Sept. 1.-The attempt of Chief-of-
police Braun, some time ago, to compelthe
Austro- Hungarian consul, Mr.. Schamberg, sta
toned at this city, to take down an Austrian
flag, because he regarded it as a violation of a
municipal ordinance against obstruction of
streets, has been taken cognizanee of by theAus-
trian government and the State Department of
the United States, as the following correspond
enee will show:
EXECUTIVE DEPARTMENT,
COMMONWEALTH OF PENNSYLVANIA,
Aug. 20, 1884.
Hon. Andrew Fulton, Mayor of the City of Pitts
SRI have the honor to submit to you the inclosed
copy of a communication received this day from Hon.
Frederick Z. Frelinghuysen, Secretary of State,
Washington, ID. G., in regard to the difficulties exist
ing between the Hungarian consul, at Pitts
burg, and the chief of police of the same city, and to
request that 1t receive your prompt attention., and
that you communicate to me, at your earliest conven-
ieuce, the result of your action in the premises.
ROBERT 7. PArr1sos.
DEPT OF STATE, WASHINGTON, Aug, 26, 1884.
His Excellency Robert E. Pattison, Governor Of
Pennsylvania:
at this capital, has received and brought to the atten-
ton of this department the factthat on a recent cere-
monial occasion-that of the anniversary of the birth
of his majesty the Emperor of Austria and King of
Hungary-when the Austro- Hungarian consul at
Pittsburg displayed the flag of that nation in front of
his consulate; ne was peremptorily ordered by the
played in violation of a municipal ordinance
which prohibited the hanging out of swinging
signals as street distractions. Mr. Schamberg. the
consul in question, refused to remove the flag, claim
ing his right so to hoist it in pursuance of existing
treaty stipulations between the United States and
Austria Hungary. In an interview between Baron
Schaefer ana Mr.. John Davis, Assistant Secretary of
State, it was suggested that Mr.. Braun, chief of POI
lice of Pittsburg, might have acted in Ignorance of
the consuIs rights under the treaty, and, the Baron
having received a report that the flag had remained
untouched all day, seemed disposed to adopt that
view and allow the matter to drop without further no
tice.
Baron Schefer, in a note to me on the 23d inst,
states that the chief of police has pursued the matter
SO far as to sue the consulate for disobeying his
orders, and has asked for Mr.. Schambergs arrest, and
under these circumstance, invokes the interference of
the department. The fourteen articles of the consular
convention of July, 1870, between the United States
and Austr1a-Hungary provides that tconsuls-general
consuls and vice-consuls and consular agents shall be
at liberty to place over the chief entrance of their re-
speetive offices, the arms of their nation, with the in
~scription, 'Consulategeneral, Consulate, 'Vice-con-
~sulate, or Consular Agency as may be.
They shall also be at liberty to
in a port for discharge Of their duty It is unneces-
sary to observe to your Excelency that,
under the Constitution of the United States,
the treaty in q uestion is part Of the SUI
preme law of the land, and has the same force
and effect as a statute of the United States, and is to
be respected and obeyed in the same manner any
D~SeS A"H - huAhNtPo y AANl w VAO VIZ lOb
withstanding. l have the honor, therefore.
to request that your Excellency will
bring the subject of these instructions
to the early attention of the superior
authorities of the city of Pittsburg, presumably the
mayor, that any proceedings which may have been
instituted by the chief of police against the consul
should be at once dismissed without any charge to
that gentleman. and at the same time thata courteous
and fitting, explanation be made to him. American
in Austria Hungary as are claimed by Mr..
Schamberg in this instance, and l have
no doubt but that you will coincide
with me in the sentiment that international
courtesy. no less than treaty obligations, demand that
these rights should be respected by all local authori-
ties in the United States Twill thank you to make
known TO me the result of such action as you may
deem proper to take.
i have the honor to be, sir, yourobedient servant.
FREDERICK T.. F-RELINGHUIsEN
Major Fulton gays he was absent when the diff
ferences between Consul Schamberg and Chief
Braun occurred, and that he viii take no action
until he consults his attorney.