Mr. Uhl to Mr. Tripp.
Washington, September 14, 1894.
Sir: I have to acknowledge the receipt of your No. 93, of the 23d ultimo, and its accompaniments, with reference to the arrest and enrollment of John Benich, a naturalized citizen of the United States, by the Austro-Hungarian authorities, and desire to express the Department’s gratification at learning that the Austro-Hungarian Government has conceded every essential principle contended for by the Department and the legation.
The Department fully concurs in your view that a reasonable and proper construction of the language of the treaty—resided uninterruptedly—does not preclude a mere temporary absence of the alien during the period of probation, when such absence is unaccompanied by any intention of changing his domicile.
As to the request of the Austro-Hungarian Government, that the necessary steps be taken to cancel the certificate of naturalization granted to Benich by the superior court of Cook County, Ill., you should inform the minister of foreign affairs that this Department has no power; by any steps of its own, to effect such cancellation. While the Department is strongly inclined to agree with you that the circumstances do not warrant the setting aside of Benich’s naturalization, his brief stay abroad not seeming to have constituted an interruption of his residence here, yet the question will be submitted to the Chicago court, by communicating your request that it will require Benich to show cause why the judgment of the court admitting him to citizenship should not be set aside on the grounds suggested. Should the court decide that its decree of naturalization was erroneously issued and set the same aside, this Department will of course withdraw the passport, which was given in reliance upon such naturalization.
I am, etc.,
Acting Secretary.