Mr. Hill to Mr. Hay.

No. 54.]

Sir: I have the honor to present to you herewith the case of Jacob Wertli, who on the 6th instant applied, through the American consulate at Zurich, to this legation for a passport. The legation considers the case to be one of doubtful identity, which should be reported to the Department of State.

* * * * * * *

As will be seen from inclosure (1), Mr. Jacob Wertli applied on June 23, 1902, for a passport, stating himself to be a naturalized citizen of the United States and presenting as evidence a passport issued by the Department in 1877 to one James M. Vertly. He, however, signed his name Jacob Vertley. Also, from inclosure (1) it will be seen that the passport issued in 1877 was unsigned until signed in 1902 by Wertli in the presence of the consul at St. Gall. Because of this difference in the names, and for other reasons stated in inclosure (2), the legation declined to issue a passport to Wertli.

Now under date of August 6, 1904, Mr. Wertli again applies for a passport, this time through the United States consulate at Zurich, claiming to be a native citizen, and presenting as evidence passport No. 60616, of July 21, 1902, issued by the Department of State.

The legation is unable to satisfy itself that the Jacob Wertli who now applies for a passport as a native citizen of the United States, and who in 1902 applied under the name of Jacob Vertley and as a naturalized citizen, really is the James M. Vertley to whom the Department issued a passport in 1877.

Upon decision of the case the legation would be pleased to have the Department return inclosures (the passport application and expired passport).

I am, etc.,

David J. Hill.
[Inclosure 1.]

Mr. Simon to Mr. Hardy.

Sir: I send you herewith inclosed an application for a passport of one Jacob Vertley, together with some other correspondence pertaining to his application.

In view of the fact that the produced long-expired passport was issued for James M. Vertley, and not to Jacob Vertley, as he signs now, I have suggested [Page 815] to him to send for a copy of his naturalization certificate. He is, however, unwilling to do so, and urges that his application be forwarded to you as it is. Upon my inquiry why the name in the old passport does not correspond with his present one, he replied: “In former days I signed my name that way, believing that James and Jacob meant the same thing.” An old schoolmate of his, whom he brought here for the purpose of identification, says that he knows the applicant well, but knows him only by the name “Jacob Wertli.”

I feel fully convinced that Mr. Vertley has resided in the United States for a long time, but whether he is the real owner of the inclosed passport is a question, and his unwillingness to send for a copy of his naturalization certificate gives the matter a kind of a doubtful appearance. The old passport (inclosed) was not signed and Mr. Vertley has only put his name to it while here.

Very respectfully,

Joseph Simon.
[Inclosure 2.]

Mr. Hardy to Mr. Simon.

Sir: I beg to acknowledge the receipt of your letter of June 23 instant, inclosing the application of Mr. Jacob Vertley, together with other correspondence pertaining to the application, and an old passport, No. 506, issued by the Department of State on April 16, 1877, to Mr. James M. Vertley, which you inform me was unsigned and has only been signed recently in your presence.

The signature Jacob Vertley does not correspond to the name of the person to whom the passport was issued, and under any circumstances the former would have to establish to your complete satisfaction that he is the identical person, James M. Vertley, to whom the passport belongs.

In addition to this irregularity the applicant alleges that his naturalization papers have been destroyed by fire. In this case the regulations require that the applicant should obtain a certified copy of the original certificate of naturalization from the court which issued the same.

His unwillingness to send for a copy, taken in connection with the fact that the signature he affixed in your presence is not the name on the face of the passport, furnishes sufficient reason for questioning whether he is the real owner of the passport in question. The fact that he has resided in the United States is not proof of naturalization.

You will inform Mr. Vertley that in order to secure a passport he must furnish proof of naturalization as indicated above.

Yours, respectfully,

Arthur S. Hardy.
[Inclosure 3.]

Mr. Simon to Mr. Hill.

Sir: I send you herewith inclosed, for your consideration, passport application and expired passport of Jacob Wertli.

If I remember right, about three years ago this man Wertli made application in St. Gall as being a naturalized citizen. A passport was refused him at that time, and I believe it was on the ground that his name in his naturalization certificate and that one on an old passport did not read alike—in one it was “Vertley” and in the other “Wertli.”

Now he makes the most positive statement that he was born in St. Louis. I think my correspondence on file there on this matter, from St. Gall, in 1900, 1901, or 1902, will bring some light on the subject.

Very respectfully,

Joseph Simon.