No. 16.
Mr. Davis to Baron Schaeffer.
Department of State,
Washington, September 12,
1884.
Baron: Referring to the note of this Department
addressed to you on the 23d ultimo, I have the honor to inclose a copy
of a letter from
[Page 20]
his excellency
the governor of Pennsylvania, and of the statement of the mayor of
Pittsburgh which accompanied the same, in reference to the
misunderstanding of the chief of police touching the right of the
Austro-Hungarian consul there to exhibit his official flag.
It appears that no insult was expressed, implied, or intended in the
case; and now that the local authorities have been made aware of the
full extent of consular rights under the treaties, it is presumed that
all due deference will be paid to them in future.
Accept, &c.,
JOHN DAVIS,
Acting
Secretary.
[Inclosure.]
Governor Pattison to Mr. Frelinghuysen.
Harrisburg, September 5,
1884.
Sir: I have the honor herewith to transmit
to you the reply of the Hon. A. Fulton, mayor of the city of
Pittsburgh, Pa., in relation to the alleged insult offered by the
chief of the police force of that city to the representative of the
Austrian Government and its flag. In this reply you will observe
that your favor of the 28th ultimo to me on the same subject was
laid before his honor Mayor Fulton.
Awaiting your further pleasure in the matter,
I have, &c.,
ROBT. E. PATTISON,
Governor.
Mr. Fulton to
Governor Pattison.
Pittsburgh, Mayor’s Office, September 4, 1884.
Sir: I have the honor to acknowledge the
receipt of your communication of date August 29, 1884, as also
communication from the Department of State, at Washington, D. C. In
reply to same I would respectfully rehearse the proceedings had in
this department to which said communications refer.
Some time in April last the commissioner of highways of the city of
Pittsburgh issued an order to this department to give notice to all
persons to remove any and all swinging signs and street
obstructions. In pursuance of said order all persons were so
notified; among others was Mr. Schamberg, who had an elbow sign
extending from his premises. To this order Mr. Schamberg took
exceptions, and until a decision was rendered by the courts of our
county relating to such obstructions the said sign projected from
his premises. Some days afterwards it came to the knowledge of the
chief of police that Mr. Schamberg and his employés had threatened
to evade the law in some way. Soon after this came to the chief’s
ears the flag was placed in front of Schamberg’s premises and
projected across the sidewalk. Chief Braun then (thinking that was
the manner in which they intended to evade the law, and not knowing
that it was placed there in commemoration of any particular day)
ordered the flag to be taken down, which order was disregarded. Suit
was then entered by the chief of police against Mr. Schamberg for
violation of ordinances of the city of Pittsburgh.
Two days thereafter, Col. William A. Stone, United States district
attorney, who acted as counsel for Mr. Schamberg, informed Chief
Braun of the reason for the display of the flag, which was in honor
of the birthday of the Austrian Emperor. This was the first
intimation Chief Braun had that the flag was placed there for any
ceremonial purpose, whereupon he immediately ordered a
discontinuance of the suit entered, which was done. No hearing was
ever had in the case and no fine nor costs imposed; hence no injury
was done Mr. Schamberg individually, nor was there any insult
officially expressed, implied, or intended. The flag remained
untouched until Mr. Schamberg himself removed it.
Respectfully, yours,
