Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-07-04

zen when his SON WIS born. althoueI
sequeut.r Doc became uaturalizcd
THE state department warns Lelou
that If Dee goes tu France che depart
ment can give RIO assurance that hI
'rNi not Boz held liable for tho per
farmHupe off mflHr serv4ee. D
I rfafo aas born n Boston 0f natu
faliEed fthaf He was lu liaiv study
.ue architecture WHOM hr nas iu
pressed into military service as aI
Italian citizen aud thc state depart
wtnt informs senator Lodge that II
doe. not appear thaf he cam he con.
sIderaa an Italian subject under lME
Ian law. ana requests bis release.
Zoo both cases. American fuuda.
/. mental laW CONSTITUTES each man aH
+ American citizen. one ass TRULY and
completely JAS the other In the Le-
I long case. the department indicates
/ that French law may claim the milf
I tau services of an American citizen,
/ ln the Da Prato ease. The department
+ declares am American citizen exempt
/ from service ln thc army of laly be-
cause tho italian law does NOT claim
/ him ln neither case. apparently, does
( Che department take its stand upon
{ the constitutional rights of citizen
+ of the United States
Fathers Naturalization Important.
On the contrary Secretary Lan-
sing explicitly declares. iu his letter
90 Senator Lodge. thai 70 is obviously
important for the department In
dealing with the ease OF person who
was born m this country of an Italian
father. tu ascertain whether his father
had previously acquired naturalization
as "a citizen Of the United states. The
extent 20 which this government may
go. says the secretary and tine argu-
ments which IL may use in the actual
protection Of persons who were born
in the United States Of alien fathers
and who may he mOlested while tenn
porarily visiting the countries ~ ORR
gin oft the latter. necessarily depend
upon the particular facts and circum-
stances OF each case.
"ln no case. i'm the absence OF com
venti0nal arrangements, can The de-
partment assure such persons In adj
vance that they viii not bee held La
Bile, under the laws Of other countries
concerned for the performance Of
military or other public service at
taching 10 citizenship"
In support 81 his position. Mr. Ian
sing quotes John Bassett Moore and
Elihu Root as recognizing the exist
encc Of dual nationality, ana he
cites particularly tho statement OF
Hamilton Fish, while secretary Of
stato. that the same principle on
which children born here 90 alien par
ems are held by ua To bo citizens If
the United states applies 90 The child
rem az American fathers born without
the jurisdiction of tho United states.
The argument Of Mr. Lansing is
purely of legal character and except
rs Illustrated in the Da prato case.
contains no suggestion that the state
department 90 willing 10 adopt q pol
ivv which shall declare that q bona /
flde American citizen possesses rights /
ns such which cannot bee alicnated by /
the laws OF amy foreign country
The difference between The posi- |
lions 81 Senator Lodge ana Secretary |
Lansing IA that Of the constructive |
statesman with the departmental law /
yer this With no intention to reflect /
upon the secretary OF state but 10
point out that the one ls willing 10 Z
accept the responsibility for institute /
ing an American policy ana the oth-
or has contcnted himself with quoting |
the statutes,
The position Of Senator Lodge Is /
hest stated in his own language His |
letter Ia fun Is as follows
"Nahpnt Mass june tG, 1915.
MY Dear MT Secretary
~ have received your letter Of June |
OH in reply ga nay lcttcr laying before I
you the case of t'RA Ia lratt. who /
has been held for service Ina the ltal /
ion army You very properly asked /
me for proof Of his birth I'M this coun
try subsequent 90 the naturalization Of /
his father as an American citizen, ana
I sent you proofs both of the fathers
ana OF the sons birth Ia
the city Ut Bosom These facts clearly !
took the case out of the provisions of
the italian code, but your intimati0n,
1s ! understand 10, that If these facts
he'd not existed and il young la Pra-
ios father had not been "a citizen Of
the United states. we should have no
claim for his release led me "a make
some observations Of a general char
icter ana in very general terms on The
theory of ORIGINAL citizenship.
"As a matter of course am famil
.ar with the doctrines Of the jus soil
and the jus saugumls 10 which you
refer und also with the conflict of
laws which has been the subject IF
much learned discussion and which
exists n regard to other matters as
well as lp regard GO citizenship But II
thc fact that therc b. conflict 81 laws n
.s very different from admitting that II
the law Ia conflict with our own
al l.. {