File No. 865.012/5
His decision seems to be based upon the fact that the provisions of the
law of June 13, 1912, No. 555 (this is the law promulgated June 30,
1912), are not retroactive and can not be availed of by those who became
liable to military service prior to the enactment thereof.
It will be noticed that the note states that Enrico Ajello has already
left Italy.
[Inclosure—Translation]
The Ministry for Foreign
Affairs to Ambassador Page
Foreign Office,
Rome,
May 29, 1916.
Mr. Ambassador: The Royal Minister of War
has examined with the greatest possible attention the note No. 1019
of February 21 last in which your excellency has so insistently
sought the release from his military obligations in
[Page 420]
Italy of Enrico Ajello, and the
Minister regrets to say that he can only confirm the previous
decision of the military authorities in this case.
Ajello was born, according to our laws, as a real, true and bona fide Italian, and as the son of an
Italian citizen. He became a foreigner during his minority by reason
of his father’s naturalization; but upon reaching the 20th year of
his age, although at that time a foreigner, he became liable to the
performance of his full military obligations, in accordance with the
terms of Article 12 of our Civil Code, at that time in force but
since then abrogated, which military obligations, it should be
added, have up to this time been unfulfilled upon Ajello’s part.
To this principle the Royal Ministry of War has never made nor has it
the power to make any exceptions, and even in the case of Francesco
Ghiloni, cited by your excellency, which is perfectly analogous to
that of Ajello, his release was denied for the same reasons noted
above.
It is of no avail to claim that Ajello had selected American
citizenship, for the reason that the provisions of the law of June
13, 1912, No. 555, are not retroactive. Therefore Ajello, having
become liable for the performance of his military obligations ten
years before this same law went into effect, can not take advantage
of the provisions of Article 12 thereof by the terms of which only
those are exempted from their military obligations who have lost
their Italian citizenship during their minority through the
naturalization of their parents.
Upon this same principle, they can not even take advantage of Article
7, which exonerates from their military obligations, upon their
formal renunciation, those who, born and residing in a foreign
country, are considered by such countries citizens by birth.
In bringing the foregoing to your excellency’s attention it may be
opportune for me to advise your excellency that, according to the
information obtainable, Ajello did not return to Naples again and
seems to have succeeded in getting out of Italy, leaving his address
as No. 2433 First Avenue, New York.
Pray accept [etc.]
