Baron Fava to Mr. Hay.

[Translation.]

Mr. Secretary of State: In your note of the 14th of August last I read the replies made by the honorable Secretary of the Treasury [Page 416] to the note of June 10, whereby Count Vinci called your excellency’s attention to the depositions made by the Commissioner of Immigration on the 10th of February last before the Industrial Commission relative to the Italian bureau of immigration on Ellis Island.

The King’s Government took exception to the conclusions reached in said deposition, in a communication addressed to the United States embassy at Rome.

With a view to throwing further light upon the matter, and with the sincere purpose of removing all misunderstanding, I now desire to lay before you some additional facts and considerations, which will, I doubt not, entirely change the opinions recently expressed to you by your illustrious colleague of the Treasury.

I shall follow the order in which the aforesaid opinions are stated in the note to which I am now replying, remarking, in the first place, that I recognize as correct the preamble in which Mr. Gage, recalling the reasons which led me to suggest to ex-Secretary Carlisle the establishment of an Italian bureau of immigration on Ellis Island, states the functions which were assigned to said bureau. I fail to agree with him, however, when he asserts, in a general way, but positively, that the bureau has failed to fulfill the main object for which it was established, viz, the abolition of the padrone system.

This assertion is at least singular. It is true that, with the limited powers granted to it by the letter of June 13, 1894, which were confined to Ellis Island alone, it was not possible for that bureau to extend its vigilance over all the vast territory of the Union, where, moreover, it could not have jurisdiction, so as to eradicate the padrone weed. It is, however, still more true that the Italian bureau has cooperated, and still does efficiently cooperate, in putting a stop (so far as its powers enable it, by the tutelary measures to which I shall hereafter refer in the very words of the head of the bureau) to the frauds which the padroni—i. e., the self-styled bankers, lodging-house keepers and saloon keepers of New York, are constantly seeking to practice upon the immigrants who land at Ellis Island. If it were for this reason only, the Italian bureau would be well entitled to the confidence of both Governments.

The distinguished Secretary of the Treasury will here allow me to remark that, while the Italian Government is always careful to cause the frauds and cruelties practiced by the padroni to be investigated and punished according to law by the competent judicial or police magistrate, that of the United States, which has knowledge of the existence of this evil in its own territory, confines itself to referring to it as an abuse which has been imported, without giving the sanction of law to a single one of the severe measures which have been adopted in Italy with a view to extirpating, or at least holding it in check.

As to this first charge against the Italian bureau, the following statement has been made to me by Mr. Rossi, its head:

With regard to the objections raised by the Treasury Department that the bureau has not come up to their expectations in its dealings with the padrone system, I would say that, far from losing sight of that object we have done what was in our power to counteract the evil; but it must be remembered that so long as a large part of our Italian emigration comes from the Southern provinces, represented mainly by the agricultural or rural classes, proverbial for their simplicity, there will always be those, both Italians and others, who are ready to take advantage of them. In other words, wherever there are lambs to be eaten, there are always wolves ready to eat them up. And it is true, not only of New York, but the world over.

However, the bureau has contributed a great deal, if though (sic) indirectly, [Page 417] toward checking this padrone system; first, by giving to the newly landed immigrants every possible information, and especially warnings against these bosses, particularly to those immigrants who were to remain in New York; second, by hastening the departure of those who were directed to distant points. These were formerly enticed to remain in town through the artful devices of hotel keepers, bankers, and other agents, and during their stay in the city were pretty sure to fall into the hands of speculators. Now, on the contrary, through the care and watchfulness of the bureau the bankers are obliged to send them their money to our care, and we take great pains to have them leave the city immediately.

Notwithstanding all this, it is quite true that the question of the padrone system is by no means solved; but we do strenuously maintain that, were it not for the existence of the Italian bureau, which has served to hold this evil in check more than the Federal authorities have any idea of, the evils of the padrone system would be far more felt and far more pernicious than they are now. Moreover, when the Italian Government shall have established the labor bureau now contemplated we shall be in a position to deal directly, where we are now obliged to deal indirectly, with the question, for we shall then be able to furnish employment to the incoming immigrants, thus preventing their coming into contact with those who are ever ready to fleece them.

The facts above pointed out by Mr. Rossi have been repeatedly investigated on the spot by me in person.

A second and more serious charge has been made against the Italian bureau, and Mr. Gage has stated it to your excellency as follows:

It has been found that not once during the period of five years has the said bureau furnished the immigration officials with information regarding violation of the immigration or alien contract labor laws by Italian immigrants, although such violations are alleged to have repeatedly occurred, as for example the landing of Italian convicts.

I understand the prejudices which such charges have naturally caused to arise in the mind of the Secretary of the Treasury, but still, I feel that it is my duty to reassure him, by rectifying assertions which are wholly unfounded. This appears from written evidence which I will hereafter produce, and from the the conscientious statement which has been sent me on this subject by Mr. Rossi and which I here transcribe:

It has been said that the bureau has failed to denounce those immigrants who come in contravention of the law. I assure you, however, that all cases which have come to the knowledge of the bureau have always been reported. Until now, such reports have, for the greatest part, been made verbally to the commissioners, showing them at the same time the telegrams and letters received from prefects, mayors, and other Italian authorities with regard to certain immigrants who had clandestinely embarked. These were promptly sent back. In such cases we never asked for a written acknowledgment, but we have now requested it, as our good offices in that direction seem thus far not to have been appreciated.

In preventing these cases of contravention the influence of the bureau is felt far more in Italy than here, which fact the Federal authorities seem not to take into account. The information constantly sent out by us to prevent, if possible, the embarkation of those who are not in condition to land, and the rigorous measures that have been taken with the local Italian agents in pursuance of our recommendations—in many cases they have been obliged to refund the passage money and even been subject (Mr. Rossi’s meaning is subjected; see his letter, No. 929, of December 29, 1899, to Hon. Thomas Fitchie) to imprisonment themselves—have been largely instrumental in restricting the number of those arrivals in contravention of the law; and if in certain cases they have eluded all vigilance and have arrived here, their number would certainly be much larger were it not for the work done in Italy by our office here.

We seem sometimes to be held responsible for the arrival of ex-convicts and other undesirables who have taken passage from French and German ports, but it can readily be seen that over such cases the Italian authorities have no control whatever. It must also be remembered that before the bureau comes in contact with the immigrants they have already passed through an examination and are admitted; nor must it be forgotten that on the arrival of immigrants the furnishing of the necessary information with regard to destination, routes, tickets, baggage, relatives, and friends, [Page 418] and the consigning (i. e., delivery) of letters, telegrams, and moneys awaiting them, become for the moment the all-absorbing business, owing to the enormous numbers that frequently come at the same time to the bureau, where we have but limited help. Nevertheless, any case that attracts our suspicion is promptly questioned, and, if necessary, reported to the proper authorities.

In corroboration of the correctness of this statement I herewith inclose 16 documents, with the request that they may be laid before Mr. Gage and returned to me in due time. These documents, which I select from among many, furnish evidence that, contrarily to the information received by the Secretary of the Treasury, the head of the Italian bureau has always hastened to furnish, either verbally or in writing, important information to the Federal authorities with regard to violations by immigrants of the immigration laws, of the laws relating to alien contract labor, and those relating to criminals. On this last subject I must refer to the note which I had the honor to address, on the 20th of August, 1898, to your excellency’s honorable predecessor, requesting him to communicate its contents, which had reference to the clandestine arrival of criminals, to the Treasury Department.

On the 27th of the same month Mr. Moore acknowledged, with satisfaction, the receipt of that note of mine, whose conclusions were of a nature fully to reassure the Federal Government with regard to the vigilance exercised by that of the King to prevent the departure of criminals from the ports of the Kingdom for the United States.

“It is further reported,” says your aforesaid note of August 14, “that the said bureau had undertaken to act as an agent of the immigrants from Italy, appearing before the board of special inquiry as counsel in their behalf.”

In reply to this third charge against the Italian bureau, Mr. Rossi adduces the following facts and considerations:

You speak of the bureau appearing before the board of special inquiry as an agent of the immigrants from Italy and as counsel in their behalf. I beg to say that the bureau has never been before the board officially. The agent, Dr. Rossi, formerly went occasionally, by permit and recommendation of the commissioners, in certain special cases. He has not, however, appeared before that body for a year past. And if his assistant has been sometimes obliged to present a letter or telegram to the board concerning immigrants under examination he has been simply a silent spectator, notwithstanding the fact that the representatives of all the religious and benevolent societies, as well as the agents of the steamship lines, are conceded the right or privilege to plead for the cases in which they are interested.

For my own part, I avail myself of the opportunity offered to remark that, while the Italian bureau is not allowed to appear before the board of inquiry, the benevolent societies and the shipping companies are permitted to send their representatives to defend doubtful cases of immigration which are referred to those boards for examination. This fact, to which I have before had the honor to call the attention of Mr. Gage’s predecessors, implies an unwarranted distrust of the Italian bureau, whose head deservedly enjoys the confidence of both Governments and offers much better guarantees of disinterestedness, honesty, and veracity than the representatives of the benevolent societies and the shipping companies. The former, as is well known to the commissioner of the port of New York, have often been represented before the board of inquiry by unscrupulous and venal persons whom it has been found necessary to forbid visiting Ellis Island, and the latter are interested in not having immigrants arriving here in violation of law returned at their expense.

[Page 419]

I state this fact simply in a friendly way, it not being my intention to ask a privilege for the Italian bureau that has not been spontaneously granted to it, notwithstanding the fact that this privilege has been accorded to persons who are manifestly interested in causing the immigration laws to be evaded.

Mr. Gage closes the series of charges against the Italian bureau which have been laid before him with these words:

That it has frequently interviewed such immigrants, in disregard of the condition upon which it was permitted accommodations at the station, before they were allowed to land; and finally, it is said that through its means information of the methods of inspection and examination at the said station was disseminated among Italians intending to come to the United States, whereby they were enabled to deceive the immigration officials and secure admission when not lawfully qualified therefor.

I can make no better reply to this last charge, which is based upon an absurd “it is said,” than by quoting the very words of the Chevalier Rossi, which are as follows:

After the above statement it seems hardly necessary to say anything calculated to refute the absolutely unfounded accusation that the Italian bureau furnishes information by which the immigrants are enabled to evade the law. First, as every one knows, it is quite impossible to approach the immigrants before their examination; second, the bureau, on the contrary, has given repeated proof of its good faith and loyalty to the American Government, as an example of which I might mention the two hundred and forty-three complaints against the agents of emigration which have been filed in the different provinces of Italy in the last year, a larger number than ever before. In conclusion, I can only say that if the office had given information, which you say it has, to enable the immigrants to evade the American law, it would have seemed not only just, but natural, for the authorities to have informed the Italian embassy at the time such alleged transgression took place.

In point of fact, the greatest precautions are taken by the authorities of Ellis Island, or the Barge Office, to prevent anyone from having any communication with the immigrants before the examination which the latter are obliged to undergo, and the head of the Italian bureau would not have been able even to endeavor to elude this very reasonable provision without his efforts becoming known to everybody. No complaint of this or any other nature has, moreover, ever been made to this embassy or to the King’s Government through the American embassy at Rome, either by the United States Government, or by any Federal officer. I have received verbal assurance from Mr. Stump, ex-commissioner-general of immigration, expressing his satisfaction with the way in which the Chevalier Rossi performed the complicated and delicate service intrusted to him, especially as regarded the action taken by him to prevent the American immigration laws from being violated.

From what has been thus far said it appears:

1.
That the Italian bureau has succeeded and still succeeds in neutralizing, by means of highly practical measures, which are more efficacious than the Secretary of the Treasury can imagine, the pernicious influence which the padrone system freely exerted in the past under the very eyes of the Federal authorities when a landing of emigrants took place on Ellis Island.
2.
That the second and third charges made against the same bureau have no foundation until some evidence is adduced in their support. The bureau has always informed, and still informs, as is proved by the written documents herewith inclosed, the Federal authorities of all violations of the laws of this country by Italian immigrants and [Page 420] abstains from appearing before the boards of inquiry, to which, however, it can not avoid delivering the letters and telegrams received by it for the immigrants who are under examination.

Concerning the fourth and last charge, I have already said all that is necessary to show its absurdity and incorrectness, so far as it relates to a person so upright and so far above suspicion as the Chevalier Rossi, and also so far as it relates to this embassy, which certainly would not have tolerated his presence in the bureau if it had believed him to be capable of enabling Italian immigrants to deceive the immigration officials.

I have desired to state these facts to your excellency in reply to your aforesaid note of August 14, with a view to dispelling from the mind of the Secretary of the Treasury all doubts as to the perfect uprightness with which the Italian bureau is conducted, and I feel convinced that Mr. Gage, in view of his well-known integrity, will appreciate this effort of mine, which is based upon well-established and well-known facts, which I lay before him through your excellency, with that good faith which, during my long residence in this country, has gained for me the unwavering confidence of five Federal Administrations.

I can not close this note without again calling the attention of the United States Government to the manifest advantage derived from the work of the Italian bureau in equal measure by both countries, and of the consequent necessity of maintaining it as it now exists. This advantage and necessity was recognized in 1894 when the bureau was established by the unreserved consent of our two Governments, and the experience of the past five years has shown that it has never failed to meet the humanitarian purposes for which it was created. For these reasons the Government of His Majesty, whose efforts to properly regulate the current of emigration which sets toward the United States are well known to your excellency, attaches great importance to the maintenance of the bureau in question, whose action has ever been in harmony with the local immigration laws.

I shall be truly happy to be able to inform my Government that such are the views of the Washington Government, and I avail myself meanwhile of this occasion to renew to you, Mr. Secretary of State, the assurances of my highest consideration.

Fava.
[Inclosure 1.—Translation.]

Mr. Chevalier: I herewith send you, for your information, requesting that it may be returned to me, a copy of a decision pronounced on the 27th of July last by the commission of arbitration at Naples, whereby the emigration company known as the “Societa Nazionale Marittima” was condemned to refund his passage money to Antonio Colaiacomo, who was sent back from New York to the port where he had embarked owing to his advanced age and his destitute condition.

Accept, Mr. Agent, etc.,

Romano,
Royal Chargé d’Affaires.
[Inclosure 2.—Translation.]

[Commission of arbitration for emigration. Number in the register, 469. Subject: Condemnation of an agent. Claim of Antonio Colaiacomo for damages on account of having been sent back from New York.]

The commission of arbitration, under the presidency of the Chevalier Cataldi, councilor delegate, and the following gentlemen taking part, viz, the Chevaliers [Page 421] Francesco Magnani, acting King’s attorney before the civil and penal court; the Chevalier Luigi D’Auria, vice-president, presiding judge of the civil and penal court; Mr. Pasquale Billa, member of the provincial council, and Commissioner-Gennaro Aliberti, likewise member of the provincial council, in its session of July 27, 1898, rendered the following decision in the case of the claim of Antonio Colaiacomo for payment of damages on account of having been sent back from New York:

Whereas the action taken by the commission of Ellis Island was due to the fact that Colaiacomo was 62 years of age and was not provided with sufficient money;

Whereas it is true that the advanced age of the claimant prevented him from entering the United States, and that the fact of his insufficient means would not have induced the American commission to send Colaiacomo back if the latter had not been so far advanced in years;

Whereas the guilt of the emigration company known as the “Societá Nazionale Marittima” appears to be fully proved, as does that of Vincenzo Gison, the managing partner, who signed the contract for shipment, which responsibility, however, must be limited to the sum of 76 lire, paid by Colaiacomo as the price of his passage ticket, no other damage being shown to have been suffered by him:

For these reasons, in view of article 17 of the law of December 30, 1888, the commission decides that the emigration company known as the “Societa Nazionale Marittima” shall refund to Antonio Colaiacomo, the claimant, the sum of 76 lire, which was paid by him for his passage ticket.

So decided and published at the royal prefecture of Naples.

  • Gennaro Aliberti.
  • Magnani.
  • Dauria.
  • Cataldi.

A true copy.


Biula,
Secretary of the Commission.
[Inclosure 3.—Translation.]

This commission of arbitration for emigration having rendered a decision in the case of the subagents Giovanni Cundari and Antonino Costanzo, of Marineo, in pursuance of a complaint made to the royal consulate-general under your charge of the 26th day of July, 1895, by Andrea Guastella, Alfonso Valenti, Maria Alderoni, and Giuseppe La Prata, emigrants, likewise of Marineo, I have the honor to transmit to your excellency, through the proper channel, a copy of said decision which has already been transmitted to the proper judicial authority in order that it may be executed.

For the prefect:

[Signature illegible.]

His excellency the consul-general of His Majesty the King of Italy at New York.

[Inclosure 4.—Translation.]

In the name of His Majesty Humbert I, King of Italy, the commission of arbitration of the province of Palermo, constituted in pursuance of article 17 of the Italian emigration law of December 30, 1888, No. 5866, third series, being composed of the Chevalier Augusto Terravasio, councilor delegate, the delegate Simeone Biuso, acting attorney for the King, the advocate Giuseppe Porcedda, vice-president of the court, Commissioner Calogero Guccione, member of the provincial council, the Chevalier Professor Vincenzo Olivieri, member of the provincial council, has rendered the following decision:

Whereas on the 26th day of July, 1895, Andrea Guastella (whose father bears the name of Salvatore Guastella), Giuseppe La Prata, son of Giacomo La Prata, Alfonso Valenti, son of Giuseppe Valenti, and Maria Calderoni, daughter of Franceso Calderoni, emigrants, appeared at the office of His Majesty’s consulate-general in the city of New York, and lodged a complaint against Cundari and Antonino Costanzo, formerly subagents of the house of Ferilla, of Naples, who, when the aforesaid emigrants sailed from Sicily for America demanded of them, and caused them to pay money which they did not owe, and it is shown that Guastella paid 35 lire (35 lire = 35 francs), Calderoni, 42.50 lire, La Prata, 20 lire, leaving a promise to pay 20 lire [Page 422] besides. All the aforesaid persons had tickets for passage by steamer, said tickets having been paid for by their relatives in America, so that very little remained to be paid for their departure.

Whereas, according to the memorandum of the delegate of public security of Marineo, of July 11, 1896, it is clearly shown that the sums paid by the aforesaid emigrants were larger than they ought to have been;

Whereas the allegations made by the subagents in their own justification are in no way proved;

Whereas the charges against them being well founded, they must be condemned to restore the amounts unduly collected by them;

For these reasons:.

In view of article 17 of the emigration law, and articles 22, 23, and 24 of the code of civil procedure;

The commission of arbitration, rendering final decision, recognizes and settles the damages suffered by the claimants through the fault of the subagents Giovanni and Antonino Costanzo, to the amount of L. 95.90, divided as above, and condemns the subagents to make payment at once, and orders that the present sentence be made executory, and presented within five days at the office of the pretor of the first district by his excellency the prefect of the province.

Palermo, July 12, 1897.

So decided and published on the day above written.

  • A. Terravasio.
  • S. Biuso.
  • G. Porcedda.
  • C. Guccione.
  • D. Olivieri.

A true copy.

The secretary of the commission, delegate of public security.

[Signature illegible.]
[Inclosure 5.—Translation.]

Pellegrino Todisco, son of Antonio Todisco.

The person whose name appears above committed a willful murder, September 15, 1896, having slain Michele Ruocco, and having succeeded in surreptitiously making his way to America.

Todisco was sentenced, in default of his appearance, by the court of Santa Maria Capua Vetere, to twenty-four years and ten months’ imprisonment, to make good the damage done by him, to pay the costs of court, and to be deprived of the privilege of holding any public office, as your excellency will see by the copy of the sentence, which I inclose.

In view of the foregoing, I beg your excellency to find means, as requested by the family of the murdered man, to send Todisco back to his own country, in order that he may suffer the penalty to which he has been sentenced by the court aforesaid.

Your excellency will be pleased to acknowledge the receipt of this communication.

I am, sir, etc.,

Chevalier Ansiello Restesonia, Mayor.

His Excellency the Royal Consul of Italy at New York.

[Inclosure 6.—Translation.]

In the name of His Majesty Humbert I, by the grace of God and the will of the nation, King of Italy.

The ordinary court of assizes at Santa Maria Capua Vetere, composed of the following gentlemen: The Chevalier Francesco Moscati, presiding judge; Paolo Taffuri, associate judge; Bonifacio Belsani, judge of the court, designated by the aforesaid presiding judge to act instead of the other associate judge, Mr. Cherardo Marinelli, who is absent on his vacation; the P. M. taking part, and the acting clerk of the court being present, has pronounced the following sentence in the case of Pelligrino Todisco, son of Antonio Todisco, 24 years of age, a hackman by occupation, of Roccarainola, in contempt, who is charged—

(a) With having, on the 15th day of September, 1896, fired sundry shots, with [Page 423] intent to kill, in the town of Roccarainola, said shots having caused the death of Michele Ruocco; (b) with having, at the same time and in the same place, fired sundry shots, with intent to kill, at Francesco Russo, a rural guard, while in the discharge of his duties, one of which shots hit said Russo, and although it only wounded him, this was owing to no lack of intent on the part of Todisco, he having done all in his power to cause the death of Russo; (c) with having, at the same time and in the same place, carried a firearm without a permit from the competent authority.

Whereas Pellegrino Todisco, after a formal preliminary examination, was turned over to the court of assizes for trial, in order that he might answer to the charge of willfully murdering Michele Ruocco, and of attempting to murder Francesco Russo, a rural guard of Roccarainola, which crimes were committed during the night of September 25, 1895;

Whereas Todisco, by continually concealing himself, escaped a public trial, and all the measures provided by the code of legal procedure having been taken for the purpose of summoning him to appear and he not having appeared, proceedings were taken against him by default;

Whereas, from the proceedings held, it appears that Todisco was guilty of the double crime with which he was charged;

Whereas he is responsible for the crime of murdering Michele Ruocco, and for that of attempting to murder the guard Russo, under aggravating circumstances;

Whereas, for the crime of willful murder, the law provides the penalty of imprisonment for from eighteen to twenty-one years, and the court thinks that Todisco is, according to the law, deserving of the penalty of twenty-one years;

Whereas, the same law provides a penalty of from twenty-two to twenty-four years’ imprisonment for the murder of a public officer, but Todisco is answerable to the charge of attempting to kill Russo, the said Todisco having done all in his power to commit said crime, and consequently the penalty of twenty-four years is reduced to one-third, and is therefore reduced to sixteen years;

Whereas, owing to the commission of more than one crime calling for the same kind of temporal punishment, the aforesaid penalty of sixteen years, together with that of twenty-one years above pronounced, is to be inflicted by half, viz, eight years;

Whereas Todisco, on the day on which he perpetrated the two serious crimes in question, was more than 18 years and less than 21 years old, and hence the penalty to which he is to be subjected must be reduced to one-sixth, it is consequently reduced to twenty-four years and ten months;

Whereas, the condemned person is under obligations to pay damages for the benefit of the injured party, and also to pay the costs of court, and likewise the tax on the sentence;

Now, therefore, the court, in view of articles 364, 365, 62, 67, 56, 37, 38, 39, and 31 C. P. (Code of Procedure?), 568, 569 pp.,

Declares Pellegrino Todisco, son of Antonio Todisco, more than 18 years and less than 21 years of age, guilty of—

1.
The crime of willfully murdering Michele Ruocco.
2.
Of attempting to murder, under aggravating circumstances, Francesco Russo, a rural guard, while the latter was in the performance of his duty, said crimes having been committed on the 25th day of September, 1896, at Ruccamonfine, and sentences him to imprisonment for the term of twenty-four years and ten months.

It condemns him, moreover, to pay damages for the benefit of the injured party, and to pay the costs of court to the treasury of the State, together with the tax on the sentence.

It declares that Todisco is perpetually inhibited from holding any public office, and that he is to be deprived of his civil rights during the term of the main penalty.

It orders the confiscation of the weapon with which the crimes were committed.

So decided in council chamber on this 4th day of September, 1897, and announced in court by his honor the presiding judge.

  • F. Moscati, Presiding Judge.
  • P. Taffuri.
  • Bonifacio Belsani.
  • F. Papa.

Issued at Santa Maria, C. V., on this the 24th day of March, 1898, at the request of Francesco Vitali, advocate.

A true copy.

Parisi,
Acting Clerk of the Court.

Examined: Cacoca, P. M.

[Seal of the court at Santa Maria, C. V.]

[Page 424]
[Inclosure 7.—Translation.]

Paolo Cuius.

Paolo Cuius, whose name appears above, has made application for a passport to New York, in the United States of America. It appears, however, from the documents produced that he was condemned, in the year 1869, to four days’ imprisonment for theft.

Now, since Cuius secured from this prefecture a passport for New York on the 5th day of June, 1893, and since he went there, as appears from the inclosed document, without any objections having been made by the American authorities, although the law of March 3, 1891, was then in force, I beg your excellency to be pleased to make inquiry of the United States immigration authorities with a view to ascertaining whether, in view of the unimportant nature of the offense of which he was found guilty, the aforesaid person would be allowed to land, especially in consideration of the fact that he was not expelled from the United States, but that he left there of his own accord, not thinking that he would not be allowed to return.

I remain, awaiting your reply,

For the prefect:

Ritalbo.

His Excellency the Italian Consul at New York.

[Inclosure 8.—Translation.]

[Kingdom of Italy, Prefecture of the Province of Syracuse, Provincial Bureau of Public Safety.]

No. 3815.]

Vincenzo Magnano, son of Sebastiano Magnano and Lucia La Cona (both deceased), born at Termini Imerese, December 23, 1858, domiciled at Melilli, applied to this prefecture some months ago for a passport enabling him to go abroad; this was refused to him on the ground that among other reasons, he had been sentenced by the court of assizes of this city, under date of June 28, 1878, to the penalty of ten years at hard labor and to be placed under special vigilance for three years, for the crime of murder committed on a public highway.

It appears, meanwhile, that he has emigrated to America, making use of the passport issued by this office under date of February 14, 1898, No. 29, to his brother Giuseppe.

I deem it necessary to inform your excellency of this, in order to meet the requirements of the American law of March 3, 1891, and for such other purposes as may be proper.

The royal prefect,

[Signature illegible.]

The Consul-General of Italy,
New York, N. Y.