BANCROFT LIBRARY 7 THE J MORGAN-HONDURAS LOAN SECOND PART THE EXTERNAL DEBT OF HONDURAS ANS: ji Co., Ltd., Printers 1912 TH1 MORGAN-HONDURAS LOAN SECOND PART THE EXTERNAL DEBT OF HONDURAS NEW ORLEANS: The L. Graham Co., Ltd., Printew 1912 goaczoft U 0> > INTRODUCTION. m After the publication of the history of the Morgan Loan 2 scheme in November last, I now deem it necessary, in this second iij Volume, to give to the public the history of the External Debt of ^ \ nature for all generations. W- "iv not disposed to turn over our natural resource- and the management of mir own a flairs to foreign hands, and thus put Otirselvefi in bondage and in servitude under the so-called bene- volent nr- the American-, the I'.ritish. or any other foreign nation, under the pretext of rehabilitation of our credit and the illusion of prOgre8, peace and pro-parity. We have no faith in the benevolence of CM: rernmente, u we do not believe in meihing I',,,- nothing. \Ve BBiped this kind aevolence, ami we doubt this BOrl of philanthropic proposi- ///'/. Morocco 'mi/ Persia an object lessons ////V///.s In ill' I II III I III/ . Foreigners are welcome to our country with their capital, industry, knowledge and experience, provided they come to invest their capital and exert their activities under our laws. They must come to work and trade on competitive lines of production and exchange, as we do not believe in trusts or monopolies, but in free competition and just distribution of wealth. We are committed to the "Open Door" policy since 1853, whem we granted the first concession for the building of the Inter- Oceanic Eailway across our territory. We adhered to the same- policies by public treaties with Great Britain, France, and the United States, in 1856 and 1864. We maintain that policy and in- tend to maintain it regardless of intervention, co-ercion or pres- sure from the outside. The mere suggestion of guardianship, tutelage or protec- torate over a free people is offensive enough to create- resentment; and we resent it indeed. We are surprised by the change of attitude of the State De- partment of the United States in its Central American policj'. We recollect the Clayton-Bulwer Treaty of 1850, and all what the United States did to prevent Great Britain from holding territory in our country. We appreciated the good offices of "U- cle Sam" at that time. But when we see that under the pretext of helpfulness and co-operation, the United States now is trying to take practical pos- session of our country to be exlpoited by New York financiers and promoters, taking from us not only our natural resources and our own money, but our autonomy, too, converting us into vassals and serfs of this new feudal system of Wall Street, then our love of country and liberty demands of us to stand firm and united against foreign greed. In view of our attitude, the United States will have to come to the open as conquerors, if they want to subjugate the Central' American States. Then the United States would prove that the Pan-American Union has been a farce ; they would then show their ambitions, find prove the true meaning of the Monroe Doctrine; and Europe would know that the object of the United States, in 1 excluding Europe from this continent, is only to preserve Latin- America for the future prey of their greed. We are not refractory to civilization, or blind to the signs- 10 of the times. We know that we cannot stop progress, and we under- stand the new conditions of the business world. We know that lack of political stability and of transportation facilities are the main objections for the settlement of immigrants and investment of capital in Hondunis. We know that nobody dares to immigrate to a country of daily political disturbances and without good roads. We are well aware of these facts, and, for the very reason, decided long ago to open the country to foreign capital and trade, through the construction of an Inter- Oceanic Railway across our territory. We believe that the proper way to develope the natural re- sources of our country and bring capital and population to our poil, is by means of transportation, run by steam or electricity. In tli is point our people are all in accord and feel enthusiastic about it. When the Americans, British, and French failed to comply with their contracts to build the Inter-Oceanic Railway, from 1853 to 1866, we embarked ourselves in the same scheme authorizing the i-sue of the famous Railway Bonds which serve to-day to the speculators and promoters of the Morgan Loan scheme to' get control of our Inter-Oceanic route and Customs revenues of the country with the support and assistance of the United States Government. After the Railway fiasco of 1872, Honduras has made many attempts to settle the Bonds question and to proceed with the T?ailwav construction. The subject has proved to be a knotty problem, and remains as the stumbling block in our path to progress ami prosperity. From its limi! solution depends to certain extent the industrial and commercial development of the country, and the welfare of its inhabitants. Our view of the importance and influence of the Inter- l,'ail\\ay on the future reh;ihilitation of Honduras is that it will revolutioni/e our social, political and economical conditions: that it will open ihe country to foreign capital and trade: that the investment of capital and employment of labor in biir enter- will contribute to hrinir peace and stability, which we \n\\ Mat the population ami wealth of the country will increase c'noniioii.-ly hv iniriiiirranon. production and tratlic: that Bchooh, libra: iraterworks, electric liirht plant-, factories, street 11 cars and all the comforts of modern civilization will be the nat- ural effect of new conditions. We understand that transportation is the basis of big produc- tion, big markets, good profits, high wages, comfort and educa- tion. We do not see any chance or use for big production without a corresponding market; and for reaching that market, means of transportation are necessary. For these reasons we consider transportation as the corner stone of our material progress. But our question remains unanswered. How to get transportation ? Many times we have attempted to get it, but every combina- tion has met with failure, and the Inter-Oceanic Railway Bonds continue to be a heavy cloud over the country. And although the British Parliament, 1875, proved the innocence of Honduras in the Railway Loans frauds of 1867, 1869, and 1870, nevertheless the matter stands unsettled, and the Railway has not been built, the old Bonds have not been cancelled or refunded, and the country remains undeveloped. Why? What is the difficulty? Where is the obstacle? !Now we come to the point when we have to use plain talk. A conspiracy of New York promoters have for years tried to confiscate the Inter- Oceanic Railway and to take hold of the Custom Houses of Honduras; but the British Bondholders have always opposed their schemes, alleging vested rights to the Rail- way which was built with British money. The American Government have repeatedly supported the American claims, and the British Government have firmly sup- ported the Bondholders rights. Protests from both sides have prevented any final agreement or understanding. As a solution of the difficulty Honduras entered into an ar- rangement with the Bondholders through H. B. M. Minister, Lionel Garden; arrangement which was officially announced to have been accepted, but which eventually was not carried out on account of interference by the United States Government which brought forth the Morgan Loan scheme. Honduras has rejected the proposition for the following rea- sons: 12 1. The proceeds of the Loan will not benefit Honduras at nil as one h;il I' will go to the speculators of the old Railway Bonds, and the other half will be left in New York to be divided between the promoters of the Loan scheme and the manipulators of the Hail way and Wharf contracts. B. According to the Morgan plan, only a small portion of the Loan is to be applied to the Railway: that means that the completion of the Inter-Oceanic Line cannot be accomplished within 40 years, 0. The hypothecation of all the Customs Revenues, Rail- way, and Wharf, will prevent Honduras from contracting with, or .granting to, "third parties, the construction of the Inter-Oceanic Railway, or negotiate a loan for that purpose. 1. No reciprocity treaties or concessions for new enterprises are possible, as changes on the tariff or dispensation of duties can- not be made without the consent of the Bankers. 5. Honduras cannot re-enter into the Central American- 1'n in. having her revenues tied up by Treaty and Contracts. 6. The drain of money from the country by monthly re- mittances to New York will paralyse business and impoverish the people. 7. ' The Custom Houses, Railway, and Wharf, being under the direct control of the Bankers, and administered by their Agents under the protection of the United States Government and beyond' the control of Honduras, make such Bankers and Agents unac- countable to Honduras for their acts; their responsibility cannot be fixed by our laws: their abuses would be ruinous to Honduras and Phe linkers controlling the Custom Houses, the Railway and Wharf and the revenues thereof will practically establish a which will not only mean the restriction of trade, but will make ;ib~olutelv impossible any competition in the country for all concent not connected with the Morgan Syndicate. ihe abo\. Qfl Honduras has rejected the proposed in L an. ;ind declared her ^ood disposition to entertain a new i \Vluii kind of -ettlement would be acceptable and practicable, and aatiifaetoi \\Y >i ILrL r ( ^i three plan- : 13 1. A plan of gradual amortization of the old Bonds., through a Sinking Fund formed with a percentage of the Custom Revenues, as was proposed by the Bondholders it 1903. 2. A plan of conversion of the old Bonds by issuing new Bonds, bearing interest, with the guarantee of a percentage of the Custom Revenues, as was proposed in 1897. 3. The plan proposed by Minister Garden in 1909. Any of them is practicable.- The fundamental objection being that the British will not be allowed to control the Inter-Oceanic Railway or the Custom Houses of Honduras, on account of the Monroe Doctrine, we are disposed to settle the Bonds question by paying fixed annual in- stallments to the British, and by letting the Americans construct the Railway; but by no means will we give up the administration of the Custom Houses to either the British or the Americans. Brief History of the Foreign Debt. 17 BEIEF HISTORY OF THE FOREIGN DEBT. As the Foreign Debt and the Inter-oceanic Railway are inti- mately connected with the so-called Morgan Honduras Loan, I now give a brief account of the origin of the Foreign Debt and of the many attempts and efforts which Honduras has made to settle the debt and to obtain an inter-oceanic highway. The Honduras Foreign Debt originated from three loans, is- sued in London and Paris in 1867, 1869 and 1870, -respectively, for the construction of an Inter- Oceanic Railway from Puerto Cortes, on the Atlantic, to the Bay of Fonseca, on the Pacific. In connection with the foregoing loans was an issue of Bonds in 1867 for 90,000 for the ostensible conversion of the so-called Federal Debt, which in reality had been fully paid under formal contracts and Treaty conventions. Actually, Honduras was solvent with the world when these Railway transactions began- but the Government was ignorant of the details of the Federal Debt settlement. When discovered, a Special Commissioner was sent to London to demand cancellation and retirement of the Bonds. The first Railway Loan was issued for a nominal amount of 1,000,000; the second for 2,490,108; and the third for 2,500,000. Total 5,990,108, reduced by amortization to 5,398,570. The Interest and Sinking Fund of the three Loans together originally required an annuity of 695,700, covering a period of 15 years. When these Loans were contracted for, it was calculated by the Bankers and Promoters that the earnings of the Railway would cover their service. In the meantime, and during the construction period, the first payments would be made from the products of mines, Maho- gany royalities and from the proceeds of the Loans. And, it was so provided for, because Honduras had no financial resources to pledge for the loan service. In 1872 the whole structure collapsed : it was founded on quick- sand. Frauds were committed in London and Paris : the Govern- ment was misled : the Railway contractors defaulted : only 56 miles of road were imperfectly constructed, and the works abandoned. 18 In consequence the subscribers to the Loans found them- selves the holders of such worthless paper, secured only by future guarantees, that we might reasonably call them imaginary and fictitious. In 1873 the Bondholders decided and agreed to organize a Joint Stock Company and change their Bonds into shares of a new Inter-Oceanic Railway Company, and then issue new Bonds in order to raise money to proceed with the work of construction to complete the line. They made an agreement with the Govern- ment of Honduras on the above basis, which, was duly ratified by Congress. In other words, the Bondholders agreed to accept the Railway for the Debt, but the Company was apparently unable to raise the necessary funds to carry on the construction of the line, incurred debts, and returned the Railway to the Government, which paid the debts. ' In 1875, the British, Parliament ordered an investigation of certain Foreign Loans which had gone into default. The Hondu- ras Loans were a subject of severe criticisms on the part of the Parliamentary Committee, on account of enormous frauds, mis- application of funds and lack of adequate security. From the select .Committee's report of 1875, it appears thai only 53 miles of road were constructed, for which the contractor* apparently received 689,745. The balance of the proceeds of the LI KIMS were diverted to other purposes and wasted on commissions, discounts expenses, salaries, interest, amortization, etc., etc., in London and Paris. Honduras and the bona-fide purchasers of the Bonds were the victims. Tin- British (iovernment and the Committee of Bond- holders exonerated Honduras from the moral responsibility of the frauds. ftbtlttt, Honduras has always been desirous of coming landing with the Bondholders and luis always been to make ;in arrai)L r eniy instructions received from my Government I have the honor to advise your Excellency the acceptance on the part of the Foreign Bondholders of London, of the Basis of arrangement of the External Debt of Honduras proposed by your Excellency on the llth of March, of the current year. "At the same time I have the pleasure of expressing the satis- faction with which the Government of H. B. M. has seen the good disposition and conciliatory spirit displayed by the Govern- ment of your Excellency in the negotiations due to which it was made possible to arrive at a solution so satisfactory and honorable for both parties. i signed) BRITISH MINISTER. It was also agreed that should the Revenues compromised in the agreement not cover an annuity in any one year, the deficit was to he paid only from the surplus of coming years. Also, that should there be any surplus, or balance, in favor of the (iovcnmicnt, it was to be applied to the extension of the liailroad which remained the property of the Government. Tlii- plan would have work"d out as follows: REVENUES, of I.'. I.M. gross -ani ings, yearly * 1 (i.SOO.on of \Vharf groa earning, yearly 43.200.00 Of additional charges on 'Import Duties.... 108,000.00 10.00 hKI'.T 8EBVICE, filtered on $I.IMII..IIIII) \,. u I'M, nds $ r.n.ooo.no >:nking l-'inid 000,000 \.-w Bonds.... 10,000.00 fl<>. MIX! I 1 ,,,- amorii/ation Old I'.nmU. . ,000.00 80,000.00 M ear : 23 This estimate of revenue is based upon actual products. But with the extension of Railway to new banana fields the earnings of same and Wharf would increase sufficiently to cover the deficit within the next two years. In order to remedy this feature of the agreement., and avoid any temporary deficit, the Government was disposed, in recogni- tion of the large advance made to improve- the Railroad, to fix a certain amount from the Revenues collected at the Custom House of Puerto Cortes, worth $800,000 silver a year equivalent to $320,000 gold; and from its Customs the Government would dis- pose of $150,000 a year. In this way the annuity could be made out as follows : 40% gross earnings of Railroad yearly $ 76,300.00 90% gross earnings of Wharf yearly 43,200.00 Puerto Cortez Customs 150,000.00 Total $270,000.00 Surplus , 10,000.00 Any surplus to be applied to the Railroad construction. It was agreed, and expressly stipulated, that the Government and the Bondholders should contract with a third party for the construction, equipment, maintenance and operation of said Rail- road and Wharf, and that their net proceeds be applied to the purpose aforesaid. But nowhere in this agreement appears anything to show that the construction of the Inter-Oceanic Railway was prevented. The new Loan was only secured by the net earnings of the Railway. It was contemplated that at the time of drawing up of the contract for the reconstruction and operation of the Railway, alJ provisions would be made for the completion of the line to the Pacific Ocean, leaving open the door for new propositions. On account of the Claims of the Honduras Syndicate and W. S. Valentine, the United States Government inter f erred to break up this arrangement. The Morgan proposition was brought for- ward by the United States Government and the Government of Honduras was urged to accept it under heavy pressure. 24 THE MORGAN PROPOSITION. In July 1909, Mr. Morgan got an option from the Council of Foreign Bondholders in London, to acquire the Honduras Bonds at 15% of their face value, with their unpaid coupons attached, provided that a settlement of the Honduras Debts could be ar- ranged between the United States and Honduras prior to August 4th, 1910. This option was subsequently extended to February 4th, 1911. To carry this scheme through, the United States Government on July 17, 1909, invited Honduras to deal with Messrs. J. P. Morgan and Company, as may be seen by the following: MEMORANDUM. "Under instructions from my Government, which I have just received by telegraph, I have the honor and the pleasure to inform the Government of Honduras that the firm of J. P. Morgan and Company has informed my Government that they are prepared to agree on the arrangement of the Foreign Debt of Honduras, the delivery of the Railway and Wharf of Puerto Cortes and the ad- vancement of a substantial amount for internal improvements which may be necessary, acquiring new bonds which must be duly secured/' "Messrs. Morgan and Company have notified my Government that the Council of Foreign Bondholders had accepted the pro- posal of Morgan and Company, who now have control of the British and American securities, including the Railway and Wharf, and that the Council of Foreign Bondholders, acting on behalf of the holders of Bonds, have informed the British Secretary of State for Foreign Affairs of the foregoing, and that the Secretary ate for Foreign Affairs, having cordially approved the new project has, by ic ( |u,^j of the Council of Bondholders, pven notice Garden of the chan.Lre in the -ilualion. "I ! met ions to manifest thai if the Government of \v.uld send ;i special A'jent to I he Tinted Siaies with full : in and Company. Hie ("Jovrrn- : nited States would extend lo him all facilities. "I beg to add thai ihe Gtavenunenl of ihe run a feels itself happy to see, in the said proposals, the prospect of a good 25 result and for a settlement upon a favorable basis for the amortiza- tion of the National Debt which would be for the prosperity, tran- quility and national strength of Honduras/' (Signed) PHILIP BEOWN. Surprised by this invitation in the face of an agreement closed with creditors, and approved by the British Government, the Government of Honduras, before complying with the indication from the State Department, addressed the British Minister, to know the situation, and received the following communication: British Legation, Guatamala, July 31, 1909. To His Excellency, Don Jose Maria Ochoa, Minister of Foreign Eelations, Tegucigalpa. Mr. Minister: "Under instructions from H. B. M. Government I must mani- fest to your Excellency, for the information of the Government of Honduras, that the Council of Foreign Bondholders feels sorry that (circumstances foreign to their will had obliged them to abandon the agreements for the settlement of the Debt to which they had previously consented. "The Government of Your Excellency is therefore relieved of the compromise made with the British Bondholders and is free to enter into new arrangements. "I have sent to-day, instructions by telegraph, to H. B. M. Consul ad interim in Tegucigalpa to notify Your Excellency in the sense above referred to. "I avail of this opportunity to renew to Your Excellency the protests of my most distinguished consideration and esteem." (Signed) LIONEL CAEDEN. The Minister of Finance of Honduras (Senor Juan E. Paredes), was sent to New York as "Special Financial Agent" of his Government, for the purpose of seeing what overtures Mr. Morgan would make for the proposed settlement of the Debt. He was accompanied by the Secretary to the President of Honduras (Senor Valladares). Mr. Paredes had two interviews with Mr. Davison, of J. P. Morgan and Company, after which Mr. Frederick B. Jennings, of the Law Firm of S'tetson, Jennings and Eussell, took up the 26 subject with Mr. Paredes, in behalf of the State Department and of the Bankers. Mr. Ji-nnin(/s was a member of the Honduras Syndicate, wliO: has a Claim agamst Honduras. He made the Drafts of the proposed agreements and insisted on including the Claims in the Contract, and did his utmost to prevent their discussion, in order to force Honduras to yield to the conditions imposed by Morgan. His plan was as follows : "To issue $10,000,000 at 88% of their nominal value, with 5% Interest for Sinking Fund, to be redeemed in 40 years. "The net proceeds of the Loan to be divided among the Bankers (J. P. Moroni and Associates), the claimants Honduras Syndicate (Frederick B. Jennings, Henry L. Sprague, W. S'. Valentine, etc.), and the Railway and Wharf lessees (W. S. Valentine, Geo. Scott, Henry L. Sprague, Frederick S'. Jennings, etc.), and the remainder,, if any, to the Railway contractors. "As security of the new Bonds Honduras must give up all Customs Revenues, the Railway arfd the Wharf at Puerto Cortes, to be administered by the hankers" own Agents, the products to ]> remitted to the Fiscal Audit of the Loan at NVw York. In this way Honduras would be deprived of its principal revenues during \o years. The annual disbursements would be as follow- : 5% Interest OB $10.000,000 Bonds $500,000.00 \% amortization on $10,000,000 Bonds 100,000.00 Customs collection expenses 40,000.00 Fiscal Agency Kxpenses 10,000.00 Total $(j:,0.(MM).on COMPARISON. Annuity as per Minim's proposition *i;:>i>.00(>.00 Annuity a- per Canlen's proposition '><;<. non. on Mnouftl equivalent i |W5 t QOO.DO silver a year, which n pn-enN the remainder .if total Custom* uider the ( 'ardri: .-nj. which was absolute 1 27 quired by Honduras to cover the annual expenses of the administra- tion. In 40 years, therefore, we would pay extra under the Morgan plan, $15,600,000; but it is not only a question of paying in excess this enormous amount, but that the country cannot afford to pay $650,000 a year, as the total income from the government revenues amounts only to $3,500,000 (silver), equivalent to $1,400,000 gold. The balance left to the Administration for all its different departments would be only $750,000, which is a ma- terial impossibility. As in the distribution of the proceeds of the loan only a small portion is set aside for material improvements, the develop- ment of the country is not assured, neither the increase of he revenues; and if the actual income of the Government is reduced to $750,000, then Honduras could not even maintain her exist- ing status of progress. To deprive Honduras of her Eevenues for the benefit of N"ew York Bankers, means drawing away all the money in circulation i-n the country, bringing poverty to her people and paralization to her commerce. It is incredible that the people of the United S'tates in view of -such flagrant injustice, would consent to the spoliation of a neighboring Eepublic on account of its being weak and powerless to prevent such iniquity. The ruin of Honduras would undoubtedly affect the business y *^ interests of all Americans who are looiring southward to increase their trade. Honduras is a good field for financial investments and busi- ness enterprises on a sound basis, provided equal opportunities are given to all competitors. The country is rich in natural resources, unexcelled in climate, and once she gets transportation her rapid development will be an accomplished fact. But, if a New York combination, composed of the represen- tatives of the most formidable monopolies in existence, are allowed to unjustly take control of the country and its" resources, then all opporunity for competitive enterprises and legitimate investment of capital by others will be forever destroyed. Setting aside consideration of monetary losses and economic 28 results for Honduras, its citizens must reflect over a more serious aspect of the proposals embraced in the Treaty and Bankers' and Fiscal Agents' agreements. We must consider the loss of National Independence, and when we become contractual vassals of the money powers and monopoly, this heritage will be transmitted to our children instead of the precious legacy of freedom handed down to us by our fore- fathers. It we become a consenting party, we commit a crime against our country and against our posterity. DOCUMENTS. First Honduras Railway Loan, London, 1867. 33 HONDURAS LOAN OF ONE MILLION STERLING. LONDON, 1867. HONDURAS GOVERNMENT RAILWAY LOAN. 1,000,000. "In Bonds to Bearer, 100, 500, and 1,000 each, bearing 10 per cent. Annual Interest, payable half-yearly in sterling, Issued at 80 per cent, and to be redeemed at par, in sterling, within 17 years, by Yearly Drawings, by means of an Accumulative Sink- ing Fund of 3 per cent per annum. "The first Drawing will take place on December 31, 1869. "The payments by Subscribers will be as follows: 5 per ce 10 " 10 " 15 " 20 " 20 " at. on on on on on on application s. d. 5 10 9 13 17 18 s. 10 8 10 2 d. W* 9 6 allotment January 1st, 1868, less int.. July 1st, 1868, less int January 1st, 1869, less int. . April 1st, 1869, less int 1 2 1 9 11 10 17 3 2 6 80 per cent. 73 11 10V 2 "Interest will be payable on the 1st of July and the 1st of January in each year, at the London and County Bank, and, for the first installment of 15, will date from October 1, 1867. "In default of payment of any of the respective installments,, all previous payments will be liable to forfeiture. "The installments may be anticipated at any time at Bank of England rate. "The Government of Honduras having agreed to appropriate to the Subscribers a moiety of the net profits of the Railway dur-r ing 15 years after the complete repayment of the present Loan,. Subscribers will receive as bonus, within one month after allot- ment, with each 100 Bond, one 10,000th deferred fully paid-up^ Railway Share to Bearer, entitling the holder thereof to receive his proportion of such net profits. 34 PROSPECTUS. "The President of the Republic of Honduras, being duly authorized, has given full powers to Mons. Victor Herran, Minister at Paris, and Senor Don. Carlos Gitlerrez, Honduras Minister in London, to contract on account of the Government a Loan, to be applied towards the construction of an Inter- Oceanic Railway from Puerto Cabal los, on the Atlantic, to the Bay of Fonseca, on the Pacific. "To show the importance attached by the British Government to the Honduras Inter-Oceanic Railway, it may be stated that the line has been surveyed on the part of Her Majesty's Government, by Lieutenant Solonel Stanton, R. E., and a detachment of Royal Engineers sent- out for the purpose. Colonel Stanton reports, 'that the harbors at both termini are unexceptionable/ and that the road can be constructed without any sharper curves or heavier gradients than are to be found on existing lines over which locomotives work without difficulty. "The new Treaty betwejen Honduras and Great Britain de- clares that: "In order to secure the construction and permanence of the route or road herein contemplated, and to secure for the benefit of mankind the uninterrupted advantage of such communication from sea to sea, Her Britannic Majesty recognizes the rights of sovereignty and property of Honduras in and over the line of the said road, and for the same reason guarantees, positively and effica- ciously, the entire neutrality of the same. And when the proposed road shall have been completed, Her Britannic Majesty equally engages, in conjunction with the Republic of Honduras, to pro- tect the same from interruption, seizure, or unjust confiscation, fnun whatsoever quarter the attempt may proceed. 'tied by the Honduras Government with France siiii tin- Tinted States contain the same provisions, and the Frencli "Government, consider-ini: the public utility of the Honduras IJail- ! the offieiiil quotation of the Honduras Loan on the Paris Bourse. followini: official ivpor! l.v l.'ear-. \dmiral |)a\is. made to tho Secretn n of tin- \a\\ of tin- Tnifed 8'tai nment, in compliance with a resolution of the American CongTCflfl on ihe I'.Mli 35 of March, 1866., demonstrates likewise the importance which the United States Government attaches to the construction of the Hon- duras Line : "The reader who follows the course of the surveyors, natura- lists, and geologist from the capacious, safe, and excellent harbor of Puerto Caballos, through regions remarkable for their salubrity, fertility, great variety of climate and productions, and valuable mineral resources, to the waters of the splendid harbor of La Union (Bay of Fonseca), cannot but regret that capitalists have not found it to their interest to carry out one of the most promis- ing and one of the least embarrassing enterprises of the day. 7 ' "The Line of Railway has been carefully selected and surveyed lv Mr. Trautwine (late Engineer-in-Chief of the Panama Rail- way), and an efficient Staff; and a contract has been entered into for the construction of the whole line, with Stations and Rolling Stock, for a stipulated sum of about 8,000 a mile, including every outlay, and the works are to be proceeded with in sections. "From time to time, as the installments of the present loan are received, the proportion to be applied to the construction of the first section of the Railway will be handed to and held by trustees, in trust to pay the contractor the installments on his con- tract, as certified by the Government Engineer. The balance of the Loan will be applied in clearing the forests, and in payment of ^ engineering and other incidental expenses. "The Interest and Sinking Fund are specially guaranteed by a first charge upon the intended Railway itself and its revenue, and also by a first mortgage upon the whole of the domains and Mahogany forests of the State of Honduras, which, according to to official report, are of immense value. "It is arranged that the whole of the products of the above mortgaged State Domains and Forests shall be consigned direct to London by the Honduras Government, to Messrs. Bischoft'sheim and Goldschmidt, who will pay over the proceeds of the sales to- wards the Annual Interest and Sinking Fund, and the construc- tion of .the remaining section of the Railway. "It has been further arranged in the Contract, that, as soon as any portion of the Railway is completed, the Contractor shall bring down to the Terminus, free of charge, by the return empty wagons, any produce of the Government Forests and Domains that may be ready for shipment to England. 36 inning at the harbor of Puerto Caballos, on the Atlantic,, the Railway will proceed over the table-land of Honduras, in a line of 230 miles, to the Bay of Fonseca, on the Pacific. "The ports at either end are spacious,, safe, and easily accessible for the largest ships. "The steaming distances from Liverpool to S'an Francisco,, touching at Jamaica, are : by way of Panama, 7,980 miles ; Nicara- gua, 7,720 miles; Tehauntepec, 7,740 miles; Honduras, 7,320 miles. "The distance between New York and San Francisco, by Panama, is 5,224 miles; by Nicaragua, 4,700 miles; by Tehaunte- pec, 4,200 miles; by Honduras, 4,121 miles a saving by way of Honduras, as compared with Panama, the only line on which a Railway is already constructed, of 1103 miles. "The difference in actual distance, coupled with the superiority of ports, the facilities of embarkation and disembarkation, and the connection with the American coast lines, will effect a saving in time, as compared with the Panama Route, of no less than five days between the Atlantic and Pacific ports of the United States. "This line will afford the easiest, safest, and speediest route between Great Britain and British Columbia; it will also afford the increased facilities of first-class ports for the establishment of speedy intercourse with Australia and New Zealand, and will bring /Jamaica, Belize, and other British Possessions in the West Indies, into the direct line of communication. Last year the dividend paid by the Panama Company was at the rate of 24 per cent per annum on a capital of 1,600,000, in ;;dd it ion to a bonus of 40 per cent from accumulated profits. The Honduras Line will, in all probability, return as much profit as the Panama Line, if not considerably more. ^uflicient of the proceeds of the present issue will be applied to th construction of the first section, from Puerto Caballos to Santiago. This section will enable the exportation of the Mahogany, etc.. t<> take, place, the means of transport now existing \pcn-ive to he remunerative. Careful estimates have I the Honduras Government that the surplus revenue of the Stnt. hornain- and r'oiv>ts will be amply sufficient to complete the whole line, without any further issue of stock; but in case it should be found ad\ant;iLM'Mii-. <>n aeeount of i iicreasi nr traflic. In accelerate tin- opening of ih.- li,iil\\;i\ from sea to Bea, by rai-ini: more money,. 37 further Stock will be issued for the construction of the remaining sections of the Bailway. "The several contracts and other documents can be inspected at the office of Messrs. Baxter, Rose, Norton and Company, Solici- tors No. 6, Victoria Street, Westminister. "Applications for the Loan will be received from Monday, the llth of November, to Friday, the 15th of November, by the London and County Bank, 21 Lombard S'treet, and Branches, where Prospectuses and Forms of Application can be obtained; and in Paris, by Messrs. Bischoffheim, Goldschmidt and Company, 26, Hue de la Chaussee d' Antin. Payment on application for the Loan can also be made at the Bank of France and Branches." Second Honduras Railway Loan, Paris, 1869. 41 HONDURAS LOAN OF 207,509 BONDS OP 300 FRANCS EACH. PARIS,, 1869. INTER-OCEANIC RAILWAY CONNECTING THE ATLANTIC WITH THE PACIFIC. SECURED LOAN TO THE GOVERNMENT OF HONDURAS. (CENTRAL AMERICA.) Subscription, 207,509 Bonds. Price of the Bonds, 225 francs, payable as follows: 25 francs on subscription With the right of paying one 50 francs on allotment or more of these installments in 50 francs on 1st June (1869) advance, and receiving a dis- 50 francs on 1st July (1869) count at the rate of 6 per cent 50 francs on 1st Aug. (1869) per annum. Returns. Repayment, Participating Shares. "Interest. Twenty francs a year, paid half-yearly on the 1st of March and the 1st of September, at Paris, Brussels, Antwerp, Geneva, in cash without -any tax or deduction, and also at Berlin, Hamburg, Amsterdam, Frankfort, Genoa, New York, at the rate of the day. The first coupon is due on the 1st of September next. "Repayment. At par in seventeen years by half-yearly draw- ings before a Notary at Paris; the first drawing will be paid in cash on the 1st of September, without any tax or deduction what- ever. "Participating Shares. Each, Bond will be replaced as soon as it is drawn by a Participating Share, which will entitle the owner, after the repayment of the Loan, and during a period of fifteen years, to a proportional share in the third part of the revenues of the Line. "This participation is estimated at a minimum of 50 francs per annum. "As the periods of the different payments and profits since the first of March last reduce the price of the subscription to about 220 francs, the produce of the debentures, taking into consideration the premium of repayment, exceeds 12 per cent, without reckoning the value of the Participating Shares. 42 t, to the Bay of Fonseca, on the Pacific, and to deliver it over in etficient working order in the Autumn of 1872. 'Tin- Railway is under the protection of the British (Jovern- ni.'iit by a Treaty, which d< dares: "In order to secure the construction and permanence of the route or road herein contemplated, and also to secure for the benefit of mankind the uninterrupted advantages of such communication from sea t. sea, Her Kritannic Ma jest v reeogni/es the right- "f \ and property of Iloiidiira< in and over the line of the said road, and for the same rea-oii 'jiiarantees, positively and on-!v. the entire iieutralitv uf the same. And when the 49 proposed road shall have been completed, Her Britannic Majesty equally engages, in conjunction with the Republic of Honduras, to protect the same from interruption, seizure or unjust confisca- tion, from whatsoever quarter the attempt may proceed." Treaties signed by the Honduras Government with France and the United States contain the same provisions. "A general Bond, executed by His Excellency, Don. Carlos Gutierrez, on behalf of the Government of Honduras, will be de- posited at the Bank of England for security of the entire Loan, and the Definitive Bonds of this Loan will be signed by His Excel- lency, Don Carlos Gutierrez, on behalf of his Government, and countersigned by Messrs. Bischoffsheim and Goldschmidt, agents of the Government in England. "Applications for the Loan will be received by the London and County Bank, 21, Lombard Street, and Branches, where Prospectuses and Forms of Application can be obtained. "London, June 20th, 1870." Honduras Interoceanic Railway Company, Ltd. 1873. MEMORANDUM OF ASSOCIATION OF THE HONDURAS IXTER-OCEANIC RAILWAY COMPANY (LIMITED). 1873. 1, The name of the Company is the Honduras Inter-Oceanic Railway Company, Limited. 2, The Registered Offices of the Company will be in Eng- land.. 3, The objects for which the Company is established are the following : (A) To obtain from the Government of the Republic of Honduras and accept concessions or grants of all or any of the following Railways,, works, lands, rights, powers and privileges, viz: (a) Such portion of the Honduras Inter-Oceanic Rail- way as is already completed and open for traffic, or is in course of construction, together with all the Stations, houses, buildings, wharves, quays, jetties, and appurtenances thereto belonging or at- tached, or forming part thereof, together with all the rolling stock, plant, machinery, rails, materials, stores, equipments, and other effects belonging to the Government, and used, or intended to be used, for the construction, equipment, maintenance or working of the said Railway with its appurten- ances, or for* any of the purposes thereof. (b) The land required for the completion of the said Railway, from the Atlantic Ocean to the Pacific Ocean, with all necessary and proper wharves, quays, jetties, and other conveniences, (c) Such lands, adjoining or near to the said Rail- way, as may be agreed on between the said Govern- ment and the Company, with such exclusive rights of cutting and exporting timber grown thereon free of duty and other charges, as may also be agreed on. 54 (d) Such of the mines belonging to the Government of Honduras, and at present unallotted, and at the disposal of the State, as may be agreed on between the Government and the Company, subject to such royality (if any), whether fixed or fluctuating, as may also be agreed upon. (B) To construct, complete, maintain, equip, and work the said Eailway, and to work, let, manage, and grant licenses for the working of all or any of the Company's lands, land rights, timber, mines and mineral rights, and to export, sell, and dispose of the produce thereof. (C) To sell, demise, or otherwise dispose of, all or any of the lands, mines, rights and privileges, or other property of the Company (including the said Kailway, with its appurtenances). (D) To acquire any other concessions, grants, or privileges from the Government of Honduras, or any other foreign Govern- ment, and to enter into any contracts with any Government, Cor- poration, or persons, for any of the purposes of the Company. (E) To obtain the incorporation of the Company as a. Societe Annonyme, or Sociedad Anonima. according to the laws of the Republic of Honduras, or any Foreign State, relating to joint stock companies. (F) To do all such other things as are incidental or condu- cive to any of the foregoing purposes. 1. The liability of the members is limited. 5. The capital of the Company is 5,347,720, divided into 30,427 Shares of 100 each, to be called A Shares; 177,135 Shares of 12 each, to be called B Shares; and S.D70 Shares of 20 each, to be called C Shares. The Shares may be issued as fully paid up to the holders of the bonds of tbe Honduras (Jovernment Railway Loans, issued in London, in ISI'M and 1*10, or tin- loan issued in Paris in the year 1>.'.. or of thr Federal Debt of the State of Honduras i in 1867, in exchange for their bonds in the proportion of one share for even I' 100 in either of the said Loans, and so in pro- jM.rtion for Umd- o|' any larger or l< B8er denominations. The Com- IMII\ - lit from any of the Suh-rrihers of Iliis Memorandum Und- of th -aid Honduras QOTeTl tnenl loans of ISC,;. lS(i! and 1870, or of the said TVdrral debt in or toward- payment of the shar* 'ihed for !.\ them dv at par." 55 APPENDIX TO THE MEMORANDUM OF ASSOCIATION OF THE HONDUEAS INTER-OCEANIC RAILWAY COMPANY, LIMITED. ISSUE OF SHARE CAPITAL FOR CONVERSION. THE HONDURAS INTER-OCEANIC RAILWAY COMPANY, LIMITED. INCORPORATED UNDER THE COMPANIES ACTS, 1862 AND 1867. ISSUE FOR CONVERSION. The Share Capital of the Company amounts to the sum of 5,347,720, to be represented by the conversion of the Bonds held in the existing Honduras Loans. 29,638 "A" Shares of 100 each 2,963,800 8,970 "C" Shares of 20 each 179,400 To be exchanged for the outstanding Bonds of the 1867 and 1870 Loans. 177,135 "B" Shares of 12 each 2,125,620 To be exchanged for the Bonds of the 1869 Loan, French Issue. 789 "A" Shares of 100 each . 78,900 To be exchanged for the outstanding Bonds of the Federal Debt. TRUSTEES. Sampson Copestake, Esq. (Messrs. Copestake, Moore, Cramp- ton & Co.). Alderman Sir Thomas White, Ex-Sheriff of London and Mid- dlesex (with power to add to their number) . DIRECTORS (Pro Tern.) : The Committee of Honduras Bondholders (Specially re-appointed for the purpose). BANKERS. Messrs. Glyn, Mills, Currie & Co., 67, Lombard St., E. C. AUDITORS. Messrs. Deloittee, Dever, Griffith & Co., 4, Lothbury, London. Messrs. James and F. Ford, 76 and 77 Cheapside. 56 JOINT SOLICITORS. John Tucker, Esq., 28, S't. Swithin's Lane, London, E. C. Augustus Beddall, Esq., Baltic Chambers, 108, Bishopsgate St., E. C. CHIEF ENGINEERS. Charles Seymour, Esq., M. Inst. C. E. (New York), Chief Engineer of the Madisonville and Bowling Green Railway, the Henderson Nashville Railroad, the Edgefield and Kentucky Rail- road, etc., etc., and formerly the Chief of Staff on the Atlantic and Great Western Railroad. SECRETARY. C. F. Denny, Esq. OFFICES. In London, 4, Westminister Chambers, Victoria Street, S'. W. In Paris, 2, Rue Drouot. PROSPECTUS. First issue of 20,000, 10 per cent First Mortgage. Debenture Bonds of 100 each at Par, Being part of 25,000 which the Company have power to issue. THE HONDURAS INTER-OCEANIC RAILWAY COMPANY, LIMITED. DEBENTURE CAPITAL 2,500,000. "It is proposed to issue this Capital in Bonds of 100 each, bearing interest at 10 per cent per annum. "The Bonds to be redeemed at par by An MUM! Drawings, and by the operation of a Sinking Fund, in 25 years. "The first Drawing to take place on the 31st. of December. 1876, and the drawn Bonds will be paid on the next succeeding 15th day of January, when the interest thereon will cease. "The Bonds will be issued to bearer, with Coupons, payable half-yearly on the 1st. of January and the 1st. of July in eaeh year, at the Offices of the Compnn\. "The tir.-t payment of interest to take place on the 1st. of July, is: 57 The President of the Republic of Honduras to the Inhabitants thereof. Notice is hereby given: That the Sovereign Constitutent Congress has decreed as follows : The Sovereign Constitutent National Congress of the Re- public. Considering that the fresh negotiations entered into by the Minister Plenipotentiary, Senor Don. Carlos Gutierrez, and the Special Commissioner, Dr. Don. C. E. Bernhard, with the Limited Company for the construction of the Honduras Inter-Oceanic Rail- way, remove the great difficulties presented by the system adopted for the completion of that undertaking; and considering that they tend to promote one of the greatest interests of the Republic, the Assembly, with the respective documents before it. DECREES. Art. 1. The Contracts concluded in London, on the 12th. day of July of the present year, by the aforesaid Messrs. Gutierrez and Bernhard, with the Limited Company, is approved, on the same terms as it was approved by the Provisional Government of the Republic, for the continuation and completion of the works of the Inter-Oceanic Railway. Art. 2. In order that the aforesaid Contract may have full effect, and Honduras be bound to the Contracting Company, it is indispensable that the members of the latter should authorize the deed of the aforesaid Contract by the signatures of their legal representatives, in the form and according to the regulations prescribed by the laws of Great Britain for the execution and ful- fillment of Contracts of this nature. Given at Comayagua, in the Sessions Hall of the National Constitutent Congress, on the 24th of December, 1873. (Signed) R. MIDENCE, Deputy, President. P. HERNANDEZ, Deputy, Secretary. PEDRO RIVERA BUSTILLO, Dep., Sec. Therefore, let this be promulgated and printed. (Signed) CELEO ARIAS. JEREMIAS CISNEROS, Minister for Foreign Affairs. Comayagua, December 25, 1873. EXTRACTS From the Bluebook, Containing the Report Issued by the Select Committee of the British Parliament, 1875. 61 The Parliamentary Select Committee said, on the 24th page of their report : "It will l)e seen that Honduras has thus become indebted in respect of principal in a sum of 5,990,108 (approximately), m return for which she has engaged to pay 695,700 annually, in periods varying from fifteen to seventeen years. The interest (apart from Sinking Fund) now in arrears amounts to 1,230,164. Bonds of the nominal value of 692,879 have been paid off or cancelled, leaving 6,527,393 now due for principal and interest. In return -for this liability Honduras has secured an abandoned section of a line of railway fifty-three miles in length, for which the contractors have received 689,745" The Parliamentary Committee utter these significant word* on page 46 of the report: "Your committee do not dwell on the transactions by which such enormous sums have been abstracted from the Honduras loans, and appropriated among those who were entrusted with its management. Such acts have no more to do with foreign loans than with any other transaction by which the money of one per- son comes into the possession of another, and is converted to the use of the depositaries. A remedy for such proceedings ought to be found in the tribunals of the country." Bondholders' Proposition For the Settlement of the External Debt of Honduras, 1903. 65 Tegucigalpa,, January 28, 1903, To the Hon. Council of Ministers of Honduras,, Tegucigalpa. Gentlemen: As the representative in Honduras of the Cor- poration of Foreign Bondholders., which, in the name of the Bond- holders, is charged with the arrangement of the Foreign Loans of Honduras of 1867, 1869 and 1870, I have the honor to inform you that following the instructions I have received from the President last year, the Corporation, with the aid of the Squier Syndicate, has been able to give a solution to the difficulties that until this date have surrounded this matter. I ha,ve the honor to submit herewith for your consideration a project of law based in an agreement made in London, England, on December 4th, 1902, between the Corporation of Foreign Bond- holders and the Squier Syndicate, of New York. This project of law includes the proposal for an arrangement, which I do not doubt will be well received by the Government of Honduras, since its terms are extremely liberal for Honduras, and it stipulates the completion of the Inter-Oceanic Railway a most important work for the Republic. You will see that it also proposes to cancel the foreign loans of Honduras at the rate of 200,000 per annum, in exchange for a payment by Honduras to the Foreign Bondholders of the Railway and other properties mortgaged to them, so that in twenty-six years, the Foreign Debt of Honduras will be cancelled. The first four annual installments of 20,000 each can be at present easily payed by the country, and the surplus at the end of each period of 4 years will be more than balanced by the in- crease of the revenue of the country due to the great advance of trade and progress in Honduras, which will be brought about by the construction and operation of the Inter-Oceanic Railway. The Squier Syndicate has made possible the projected arrange- ment with the Bondholders through a payment to the 'Corporation, as purchase value of the Inter-Oceanic Railway, at the rate of 2.10 in cash for each 100 in Bonds presented for redemption. The amount required for the redemption of the total number of Bonds at the rate of 2.10 is $650,000 gold, to be paid immediately upon the completion of the arrangements. .60 .It is a pleasure for me to inform YOU that the President of the Squier Syndicate, Mr. Frank Squier, is a brother of E. Geb. Squier, who dedicated so many years of his life to the advance- ment of the interests of Honduras, being instrumental for the devolution of the Bay Islands to this Country. Finally, I can say that the works of the Northern Railway of Ouatemala, having been started again formally, it is of great importance to establish the works of the Inter-Oceanic Railway of Honduras before completion arises in the neighboring Republic. With the highest consideration, etc., (Signed) W. J. BAIN, Representative of the Corporation of Foreign Bondholders. PROJECT OF LAW FOR THE SETTLEMENT OF THE FOREIGN LOANS', WHICH THE NATIONAL CON- GRESS OF HONDURAS SHALL ISSUE. Article 1. Subject to the provisions of Article 10, of this, ihe S'tate absolutely cedes and assigns to the holders of Bonds of the Loan of the 10% (1867), of the Loan of 6 2/3% (1869), and of the Loan of 10% (1870) which hereafter will be called Rail- way Loans the Inter-Oceanic Railway of Honduras, from Puerto Cortes, on the Atlantic Coast, to the Bay of Fonseca, on the Pacific, with all its equipment and revenues, and also all the domains and forest of the State with all their products and pro- ductions, such as Mahogany and other woods, etc., as they are described in the concessions of said Railway, granted in the years of 1853 and 1865, and assigned and mortgaged for security of said Railway Loans on the terms of their issue, and also said Conces- sions and all thejr rights, in trusts, benefits and advantages by them respectively granted. Article 2. The Cession and assignment made in Ihe preced- iHicle are made with the object that the holders of Bonds of said L'ai n- IIIMV lr;in>!Vr or invest the same. Mini nil proper t. concessions, riirhis. interests, benefits and advantages in them involved or by them rrihe. The (iovernmenl of Honduras will invite the Gov- ernment- of (ireat Hrilain and the Tinted Mates to take -\ formal note of tin- arrsmirements cMWicd hy this law. Article 10. The arranvj-menl herein made will Infill to he in and may he (.iterative ami binding "i> lite State ;md the Koiid hold' "ii a- ihev are accepted hy a^ iv\ olul ion at a general 69 meeting of the Bondholders, which the Corporation of Foreign Bondholders will convene according to the laws and by-laws of said CorDoration; a:ptf_which will take place in London, and when the said '.re volution be approved then all the rights of the holders of the Railway Loans, either by the obligation of the original mortgage or the security given by the Bonds of said Loans, or by Article 1 of this law, and by the same ceded and assigned, or that is expressed to be so, will be absolutely invested in said Squier Syndicate, as its own property and free of any pretension or claim on the part -of the Bondholders. AGREEMENT. Agreement made this 4th day of December of 1902, between the Squier Syndicate, of New York (hereinafter called "The Syndi- cate"), of the one part, and the Corporation of Foreign Bond- holders of London, acting in this in accord with the Committee -of the holders of Bonds of the External Loans of Honduras, say of the State of Honduras, and as representative of the holders of said Loans (hereinater called the "The Corporation" and the "Committee" respectively), of the other part. Whereas, the external loans of the State of Honduras are the following: Loan of 5% of 1867, of 10% of 1867, of 6 2/3% of 1869, and of 10% of 1870 the three last ones named hereinafter "Railway Loans." Whereas, the holders of Bonds of said external loans and the "Corporation and Committee as their representatives, respectively, are desirous to arrive at an arrangement in respect to the Claims with the Government of said State of Honduras, and they have been ^and now are negotiating with said Government with the end of obtaining this object. Whereas, the Bonds of the Railway Loans are especially guaranteed by mortgage or charge on said Railway and domains and forests of the State and other properties. Whereas, the subject of this agreement has been under the study of the Committee, which gave its approval .by resolution passed on the 20th day of November of 1902. Therefore, by the consideration hereafter consigned it has been agreed between the Syndicate on one part and the Corporation on the other part, to the following: 70 1. The Corporation will use its best efforts to carry through an arrangement about the foreign loans and for an agreement with the Government on this subject, and for the approval by Congress of the State of Honduras, of a law for the settlement of the ex- ternal debt of the State, on the terms consigned in the project of law contained in the draft attached, with such modifications (if any), as the Syndicate and the Corporation may mutually approve; and the Syndicate (as far as in its discretion may reasonably do and when the Corporation may request from it), will co-operate with the Corporation in its efforts to obtain the aforesaid object. 'I. The Syndicate will use its best efforts for obtaining from the Government of Honduras, and in case the Government deemed proof of the ability or capacity of the Syndicate, or its Agents, or cessionaires necessary to complete said Railroad within a reason- able time, and will use too its best efforts to make or carry through a definitive and binding agreement with the Government (under the condition of the approval of the law referred to in the Clause 1, and the approval of the Resolution of the Bondholders in a General Meeting, and mentioned and prescribed in the next Clause 3, which must be held simultaneously and immediately before or soon after the preceding clause), for the completion of said Rail- way within a reasonable time and on account of the Syndicate, its Agents or cessionaires; and the Corporation (as far as it is reasonably able in its discretion, if the Syndicate demands it), will co-operate with the Syndicate in its efforts to make or carry through the proposed arrangement. \Vhen the law mentioned in Clause No. 1 be approved, and the arrangements mentioned in Clause No. 2, for the completion of said Railway lie terminated and delivered to the Syndicate, and tin- Syndicate has put in the hands of the Corporation tin- security or rnaninty mentioned in the next following Clause No. 4, then the Corporation shall convene, as soon as possihle. a General Meeting ndholders of the Foreign Loans, in conformity with its rules and reiMdations. which will he held in London, with the object of approMni: a n>o hit ion accepting tin- arrangement provided by said .ind hy li Mieiit : and shall also invite the Bondholders to depo-h their I'.onds with the Corporation for the purpose of ri^ out -aid arrangement : and the Corporation and the Com- mittee -hall iveommciid and employ their best efforts to obtain its appro 71 4. When the law mentioned in Clause 1 be approved, and the arrangement mentioned in Clause 2 for the completion of said Railway be terminated, and before the meeting mentioned in Clause 3 takes place, it is agreed that the Syndicate will deliver to the Corporation a security or guaranty by a Bank or firm established in London to the satisfaction of the Corporation (subject to the approval of the resolution by a General Meeting, as before stated) to make the following payments to the Corporation on account of the Bondholders of the Railway Loans in this form : (1) The sum of 2.10 for every 100 Bonds of said Railway Loans to be deposited with the Corpora- tion in acceptance of said settlement, within three calendar months after the issue by the Corpora- tion of public notice inviting such deposit. (2) The sum of 2. for every 100 Bonds of said Rail- way Loans deposited, as has been already said, after the expiration of three calendar months, and before the expiration of three calendar months, of the first publication of said notice. (3) The sum of 1.10 for every 100 Bonds of said Railway Loans to be deposited as hereinbefore stated, at the expiration of six calendar months and before the expiration of one year since the publica- tion of said notice. 5. With the resolution of the Bondholders in General Meet- ing aforementioned and established in Clause 3, being approved, all the rights of the Bondholders of the Railway Loans and also the first mortgage or guarantee given for the said Railway Bonds or by said law to and upon said properties of the Railway and any other properties, are to be transferred absolutely to the Syndicate as its own property, released from all claims by or from the Bond- holders, and the Syndicate will be authorized to take possession of said Railway and properties accordingly, and the Corporation will withdraw its claim in behalf of the Bondholders, and at any time after at the request of the Syndicate, after the approval of said resolution, will deliver to the Syndicate proof sufficient and adequate .duly authorized) of the approval of said resolution, as has been stated and mentioned at and established in Clause 10, of the Project of Law consigned in the minute attached with the- 72 certificates and copies duly drawn of said resolution, and the rules and regulations of the Corporation of Foreign Bondholders, show- ing that said resolution has been duly approved and in conformity with them. 6. If this agreement does not become effective on or before the 30th day of June of 1903 or at least on that date one of both parties may, by notice in writing to the other, and sent by mail to their respective offices in London and New York, terminate this agreement and by that fact would be ended, and the rights of the Bondholders will remain unaffected and in full vigor as if this agreement was never celebrated. Taking into consideration always that if this agreement is not made effective on or before the 30th day of June of 1903, due directly or indirectly to War, Revolution, or any circumstance which may be considered as "force m&jor" then the period during which the same has not been terminated under the option and benefit of what it contains it will be con- sidered extended for such time as shall correspond with the time of the continuation of the circumstances which had interfered in this agreement not being effected; such period and the question of efficiency in case of dispute between the Corporation and the Syndi- cate will be decided by Arbitration in England, under the provi- sions of the Arbitration Act of 1889. (Signed) AVEBURY, President of the Corporation and the Committee. (Signed) ALBERT E. TURNKK. Agent for the Squier Syndicate. Authenticated by .hunt's P. Cooper, Secretary of the Corpora- tion of Foreign Bondholders. Approved by tin- S<|iiier Syndicate. New York, on the K>th of December. 1!K)2. .Tied) D. BROOKS CAKNSKY. Secretary. 1'1,'ANK SoriKlf. President. \\IT\I Signed) MKi:vi\ s. NKAU. JR., Neu York Count \. N Y. Official Record, 1903. 75 Official Record, 1903. PROJECT "SQUIEK SYNDICATE." ARCHIVES OF FOMENTO. ADMINISTRATION OF PRESIDENT MANUEL BONILLA. 1903. No. 1. "A" April 25th W. J. Bain, Agent of the Bondholders to the President Manuel Bonilla. "I have the honor to enclose to Your Excellency the Project of the Law, traced by the Bondholders, for the extinction of the Exterior Debt of the Republic, including- the Federal Debt guaran- teed by the products of the Customs of Amapala." "Furthermore, said arrangement is combined with an agree- ment between 'The Squier Syndicate' and the Corporation of Foreign Bondholders, by the terms of which they pay 2.10. in cash for each 100 of Bonds and promise to complete the Rail- way." "This Troject for a Law 7 has been approved by the Govern- ment of H. B. M., and as the basis is so favorable for the Govern- ment of Honduras, no doubt that it will be well supported by Your Excellency." I am, Your Excellency's etc., etc. No. 1 "B." Project for a Law for the arrangement of the Ex- terior Loans that the Congress of the State of Honduras shall emit. Articles 1 to 10. No. 2. Project of the arrangement of the Foreign of Hondu- Honduras and construction of the Inter-Oceanic Railway, as. sub- mitted by Mr. W. J. Bain, the 1st of May, 1903. Explanation of the generous conditions, with a Table demon- strating the cancellation of the Debt in 27 years. No. 3. Agreement made the 4th of December of 1902, be- re tween the "Squier Syndicate'' of New York and the Corporation of Foreign Bondholders of London. Preamble and 6 Articles. (Signed) AVEBTJRY, President of the Corporation and Chairman of the Committee. BY SQUIER SYNDICATE. Albert Turner, Agent. " FRANK SQUIER, President. " D. BROOKS GARXSEY, Secretary. Witnesses to the signatures of the Rt: Hon: John Baron Avobury and Albert Turner. (Signed) JAMES P. COOPER, Secy : of the Corp : of Foreign Bondholders. Witnesses to the signatures of Frank Squier and D. Brooks Garnsey, 16th December, 1902. (Signed) MERVIX S. NEAR, JR., Xew York County. \. Y. No. I. Agreement of the 4th of December, 1902, between the "Squier Syndicate" of Xew York, and the Corporation of the Holders of Bonds, in English. Also the Project of Law. No. 5. Agreement proposed between the Government of Hon- luras. in ('. A., and the "Squier Syndicate" they acting under the provisions agreement dated in London, December 4th, 190, with < orporation of Bondholders, simultaneously, as supplementary inenN. Arts. 1/22. No. ('. Communication of Solomon Onlnncx, (Jeneral Min- i-tT !' \\'. .1. Bain, over his powers. May .">, 1 ( .M):;. No. *. ( 'oninninicat ion of Solomon Ordonex, Minister (len- <-ral to \V. .1. Bain. May I'.Mli. Mr. Bain to the Min. (i.-neral. May 1 1. I'M):;. No. 9, Mr. Bam to ilie Min. (Irm-ral. Mav 1!'. l'.>>:;. \o. M>. 'I'll.' (ii-in-nil Minister t the National ( 'oM'_ r iv. uith all the document-. May g&, I'.M):;. I 1. \\ . .1. Itaiii to IVeHdn.t lloiiilla, Mav 86, I'.Hi:;. l.'.-ohitioti of National Cmi^ress that returns the ' i i Xo. 13. W. J. Bain to Sotero Barahona (personal), June \2 r 1903. Xo. 14. W. J. Bain to Mr. President, June 2, 1903, with copy of a letter to Mr. Barahona. Xo. 15. W. J. Bain and E. A. Turner to Mr. President, June (>, 1903, refers to an omission in the translation of the Project of Law, Art. 2. Xo. 16. Powers from W. J. Bain, as representative of the Bonholders., on the 5th February, 1903. United States' Protest, 1903. 81 UNITED STATES PEOTEST. TELEGRAM. Guatemala, June 3, 1903. Minister of Foreign Kelations, Tegucigalpa: My Government disproves the terms of the proposal of the Squier Syndicate. I am opposed that an American corporation shall be the medium of celebrating an arrangement between Honduras and the Foreign Bondholders, with respect to a debt relative to which i& alleged grave frauds, illegalities and injustice. I beg the honor of a reply by telegraph to this message. (Signed) LESLIE COMBES, Minister of the United States. Official Report to Congress, 1904. 85 OFFICIAL REPORT TO CONGRESS. Extract of memorial presented to the National Congress by the Secretary of State in the Department of Improvements and Public Works for the years 1902 and 1903. Under the date of April 25th, Mr. W. J. Bain, as agent of the Bondholders of the Foreign Debt of Honduras, presented to the Government a "Project of Law" devised by the bondholders, pro- viding for the extinction of the debt and for the holders of the bonded debt to construct the railroad. Should the arrangement be accepted, they would guarantee themselves out of the proceeds of the customs of Amapala, Regarding this project, the communication which crossed between the Minister of Honduras and Mr. Bain and the rest of the antecedents in the case, an account is given to Congress May 23rd and 28th of same year, who saw fit to turn it over to the Executive, to whom it pertains at present, to treat regarding the proposition, with the parties interested, and submit the agreement at convenience to your knowledge, conformable to the requirements -of the Political Constitution of Honduras. In view of this resolution the" Government, in order to proceed with the greatest thoroughness, nominated on June 9th, two of the ablest Lawyers of the Country, Don. P. J. Bustillo and Don. Angel Ugarte, in order that, in representation of the Government, conferring conjointly with the representative of the Bondholders of the Foreign Debt of Honduras and with those of any other Com- pany or individuals, who hold any interest in the proposition, to arrange the said Debt and the construction of the Inter-Oceanic Railway across the territory of the Republic and also leasing the section of same already constructed; giving equally ample powers to Messrs. Bustillo and Ugarte, by which if they arrive at a satisfactory conclusion they may from the Contracts which they judge necessary, respecting the points previously explained, giving account of those to the Government, by which they arrive at the resolution which they believe convenient, and authorizing said representatives that they can propose a Secretary and two clerks, 86 which can be nominated for the Office, and which they can use, in the fulfilling of their Commission, and of all the documents which they can obtain in the National Archives and Public Offices, concerning the matter with which they are charged. The Conferences and other acts it will be the duty of Messrs. Bustillo and Ugarte to put in a special record. On June 15th, the representative of the Government held the first conference with Mr. W. J. Bain; the latter being the repre- sentative of the Bondholders of the Foreign Debt of Honduras, and after three more days, 17, 20, 22 of the same month, in which they met to discuss the Powers of Attorney of Mr. Bain. The representatives of Honduras observed that the legal conditions necessary to constitute him absolutely the representative of the Bondholders : (1) Because, being the corporation of Bondholders of Lon- don, an anonymous society, it is indispensable that Mr. Bain fills the requirements exacted by our laws, in order that he may treat in the name of the persons who have conferred upon him the power to compromise them. (2) Because, speaking in the name of the Committee of Foreign Bondholders, it is indispensable to produce the act in which the Bondholders, in meeting convened for that purpose, did constitute the Commission, of which he speaks, and the powers which they conferred on him. Mr. Bain answering the observations that were made, stated that his powers gave him the authorization of the Corporation of Bondholders, acting conjointly with the Committee of Bondholders of the Foreign Bonds of Honduras, to represent the Corporation, the said Committee, and the holders of Honduras Bonds; and to act in favor of each of them respectively, and in their name nego- tiate with the Government of Honduras an arrangement over the in-ill printed and added to the written Power of Attorney, jind upon the "Project of a Law," which in this agreement refer- ence is made; and, in Lreneral, to negotiate with the Government of Honduras an arrangement over the Foreign Debt of the Re- public, ohli^atin'j liic corporation referred to, to ratify everything thai w;i- le.L r al in respect to it: llial -aid Power has ant hori/cd him iifonniiy with the laws and n-L-ulat ions of the corporations, 87 as indicated in the final paragraph,, and indispensably requisite* because it was signed by the President of the Corporation, which gives it its Official character, and which already owes its existence to an act of Parliament, and the signature of the President is unquestionable, because the document is authentic. The Power must be examined for the terms in which it was conferred, not singly, but in relation to the printed Agreement, which is attached, made in London, December 4th, 1902, and in- flation with the "Project of Law/' to which this agreement refers, which is also attached; which in Article 5, of this "Project of Law" declare, that the amortization of the Bonds will be effected conformably to a plan which the corporation outlined, and which will be approved by a general meeting of Bondholders, convoked by Corporation for verification in London, that Article 10 of said "Project 77 establishes that those arrangements which are made will not be effective, and will not obligate the State and the Bondholders until they may be accepted by Eesolution of a General Meeting of said Bondholders, which the Corporation will convoke conformable to the laws and regulations, which binds it, and will take place in London; which established -that Officially that the Corporation of Bondholders represents by means of its President, the holders of Bonds, and makes clear that the same President of the Corpora- tion is the President of the Committee of Honduras, the representa- tion conferred by the Power cited, is full, notwithstanding what it does in the exercise of this power upon the "Agreement" and "Pro- ject" presented, holds that it be approved by the Bondholders in General Meeting; that the Corporation of Bondholders and the Committee of Honduras has not been organized conformably to the laws of Honduras regards anonymous societies, then it owes its existence to English Laws, and these Laws at the same time that they protect the rights of the claimants will be the safeguard of the rights of Honduras, that an Official Corporation does not dare to do wrong ; and that in consequence, hopes that holding the rep- resentation good, true and perfect, it is in order to pass to the study of the "agreement" and the "project"*presented to the Gov- ernment for the ensuing results. The representatives of Honduras replied : that for the terms- of the Act or Decree of the English Parliament, copy of which Mr. Bain presented, the Corporation of Bondholders is an anony- 88 mous society, and that in conformity with the principles of Inter- national Law and tlu> Legislation in force in Honduras, its repre- sentatives cannot exercise any such act without being competently authorized according to our prescribed laws; that it only required that Mr. Bain complies with the laws of Honduras, so that he can bind his constituents; that Mr. Bain has not produced the act in which it is made clear that the Corporation of Holders of Foreign Bonds and the Committee of Bondholders of Foreign Bonds of Honduras have constituted a Committee; that which is not demon- strated by the act, by which the President and Vice-President of the Corporation of Holders of Foreign Bonds may be the same as the Committee of the Holders of Bonds of the Foreign Debt of Honduras, apparently the one and the other are distinct entries. For these reasons, Messrs. Bustillo and Ugarte declares they cannot treat with Mr. Bain regarding any business referring to the Foreign Debt of Honduras. Mr. Bain protested and the Representatives of the Government did the same. Mr. Ugarte went to the United States and Europe, commis- sioned by the Government, for which reason Mr. Bustillo continued alone studying the matters concerning our Foreign Debt. Tegucigalpa, January 7, 1904. (Signed) ALBERTO MEMBREXO. The Garden's Agreement, 1909. 91 PROPOSAL OF BRITISH MINISTER GARDEN, Tegucigalpa, March 10, 1909. General Miguel Oqueli Bustillo, Minister of Finance and Public Credit, City. My Dear Friend: As I promised to His Excellency, the President of the Republic, and to you last night, I have the 1 pleasure to herein inclose the data which I have used to form the project for the settlement of the debt, which I have had the honor to submit to the consideration of the Government of Honduras. The essential part of the project, as you know, consists in the payment by Honduras of 1,600,000 in forty yearly install- ments of 40,000 each. To carry into effect these payments the Government assigns to the Council of Foreign Bondholders the net proceeds (usu- fructo) of the railway and wharf, besides an additional impost of 15 per cent over the import duties, which will be payable by means of special certificates, which shall be delivered to the Council for sale in the several ports of the Republic. Complying with these conditions, the Government has no other responsibility if for any eventuality the collections from the aforesaid revenues in one year do not produce enough to com- plete the payment of said annuity of 40,000. In such case the deficit shall be covered with jthe surplus of the following year or years. Herewith I inclose some tables which show the reasons that I have to believe that the said revenues not only will give the amount needed to cover the forty installments of 40,000, but will leave a big surplus. The table No. 10 shows the increase obtained in three of the most important railways in Mexico, which proves what can be ex- pected in Honduras-. The table No. 11 shows the relation between the operating 7 expenses to the gross earnings of thirteen railways in several countries of Latin America, which give an average of 60%. The table No. 13 shows the products which may be expected' of the existing railways, starting from the basis of actual earn- nigs, to, say, 40,000 per annum. 92 In the lirst of these tables the cost of operation is estimated in <;5%, and in the second 70%. In both is subtracted the sei'- vice of interest and sinking fund of an issue of 80,000 of rail- way reronstruction bonds. It has been estimated an annual increase of the gross earn- f the railway of 10', in each one of the next nine years. and 5% on the succeeding years. It may be noticed that this in- crease per centum is calculated upon the products of the first year instead of every preceding year, which is more favorable. Table No. 1!) show* the products of the wharf (its increase being calculated on the same basis), taken as a whole with those of the railroad; calling vour attention to the fact that the last ones are estimated upon the basis of a cost of operating of r..v ;- of the gross earnings. To figure out the difference in case the expenses of operation would be 70% instead of 65%, one only has to reduce the figures of the seventh portion. Table No. !) shows the increase of the import duties in the la-t ten years, which gives an average of 5.51%. In in those years of war and revolutions there has been such an increase, surely it is not Improbable to expect a continuance in the future, even not taking into consideration the necessary n Milt of the rehabilitation of Xational credit abroad. This table shows, beside-, what, can be expected from the 1.")% additional which it is proposed to establish on said customs The first column of table *() shows the total expected prod- of ra'lroad and wharf: the second one the !.">% additional <":f the import duties; and the third one the surplus in fa\or of the (iovermnent, sul t ract ing the amount of the annuities of "i<>. \\hicb will be applied to the amort i/at ion of the debt. I avail of tin- ppu t unit v to repeat to vou once more vour Wend, v\ 3 -ned) UONKL GARDEN, 93 BASIS WHICH THE GOVERNMENT OF HONDURAS AC- CEPTED FOR THE SETTLEMENT OF ITS FOREIGN DEBT IN MARCH, 1909. Tegucigalpa, March 11, 1909. Article 1. It is taken as a basis of settlement the sum of 452,000, as representative value of the external debt originated from the four loans of 1867, 1869 and 1870, acknowledging on that amount of the interest of 8.86% during the time of its amor- tization, which is here fixed in forty years and installments of 40,000. Article 2. The said annuities shall be applied by drawings or by purchases to highest bidder to the amortization of the bonds, in the following proportion: 1st Drawing of 1,000,000 at 20% 200,000 2nd Drawing of 1,000,000 at 25% 250,000 3rd Drawing of 1,000,000 at 30% 300,000 4th Drawing of 1,000,000 at 35% 350,000' 5th Drawing of 1,398,570 at 40% ......... 559,428 5,398,570 1,659,428 Article 3. The holders of bonds shall present their titles to the Council of Bondholders in London within twos years, to- be stamped in accordance with the present stipulations in order to enter to the amortization. Article 4. For the payment of the forty annuities of 40,000 referred to: (a) The Government cedes and assigns to the bondholders the usufruct (net earnings) of the Interoceanic Railway and Wharf of Puerto Cortes for forty years, or until the debt is extin- guished, if this can be effected before, the bondholders taking; charge of its administration and opreation. (b) The Government will issue bonds of first mortgage orr the railway for the amount of 100,000 to provide funds which will be applied to the necessary improvements, the Council of Bondholders being obligated to contract their sales to best possible rate. The service of interest and sinking fund of these bonds shall be preferential charge on the net products of the railway. 94 <(c) The Government will assign also for the payment of the .annuities referred to the proceeds of an additional impost of 15% on the import duties which shall be established to this effect. This import shall be collected specially and exclusively by means of customs certificates, which shall be issued at the time of signing the contract of the settlement of the debt, depositing them in the hands of the? trustees, and delivering them to the agents of the bondholders for their sale to the merchants accord- Ing as they are needed. Article 5. The products of the revenues referred to in the preceding clause shall be applied by the Council of Bondholders, in the first place, to the payment of the said forty annuities of 4.0,000, depositing the surplus, if any in any year, in a bank to the order of the Government, but under the precise condition that It must be applied exclusively for the payment of the contracts that the Government makes for construction of railways. Article 6. If for any eventuality the products of the reve- nues of which mention is made in Article 4 would not suffice in one year to complete the payment of the annuity of 40,000, the deficit will be completed with the surplus of the next following year, or years, without bearing interest. (Signed) LIONEL GARDEN". LETTER OF THE HONDURAS MINISTER OF FINANCE TO MINISTER GARDEN. Tegucigalpa, March 11, 1909. Excellency Lionel Garden, Minister of H. B. M., City. Dear Sir and Friend: Bein<: agreed upon the basis of a set- tlement of the external deht, and though the President lias exact idea of the important of tin- re-establishment of the credit of the Republic by the payment of her debt. I am compelled to man- ifest to you thai HUM not he overlooked the heavy burden which will he imposed upon the nation with the annual payment of I'M). (Hid win,-}, in the arlual state of poverty would he \erv onerous io the Honduras worker. 95 Taking into consideration this circumstance, the - President believing that he cannot justify before the opinion of his fellow- citizens the delivery of the railway and wharf, besides the over- charge of 15% on the customs duties,, without receiving in com- pensation other direct and immediate benefit besides the rehabilita- tion of the national credit. What other benefits could be offered to the Honduran people in order that they may receive with delight the agreement of the settlement of the debt? No other is so agreeable to the country than the immediate reconstruction of the first section of the Inter- oceanic Kailway, and the construction of the second section, be- sides the construction of branches to exploit the fertile lands on the hamelieon and Ullua Bivers, as the cultivation of bananas con- stitutes the main industry of the people on the north coast, and this would enable them to carry easily the burden imposed on them. To your Excellency it is a matter of easy understanding the high reason of public convenience of these remarks, and you may calculate their transcendency. Therefore, if the Government agrees that the country make sacrifices for the rehabilitation of her credit, also has a right to expect, and even to demand, that the creditors contribute to help Honduras to redeem her debt, promoting the development of her resources and population. His Excellency the President believes that besides the proposed basis of settlement must be stipulated the obligation of the creditors to improve and extend the existing railroad, and build branches, wi'th the first mortgage, as with its delivery, the rights of the bond- holders are guaranteed (secured, protected). The Government would feel sorry that the creditors do not understand the importance of these remarks, because a failure of this arrangement before public opinion, and consequently before the National Congress, would redound in detriment of the Govern- ment and the creditors themselves, and that would retard indefi- nitely any understanding. By all above stated, and in order to assure to the negotiations a final success, I consider necessary to let the bondholders under- stand that the Government will demand, besides the obligation of reconstructing the road and improving its equipment, to continue the line to the south and build branches, investing 200,000 which may be obtained with the first mortgage of the railway. 96 Furthermore: the Government understands that at the time of closing the settlement of the debt, the Government and the bondholders in common accord will give the administration of the railway and wharf to a person or company who -shall accept the obligations and rights which shall be stipulated in the contract to be celebrated to that effect; and that the Government and the bondholders will appoint an interventor, each., to verify the accounts of administration,, and supervise the collection and inversion of the ea ruings of railroad and w T harf. Finally, the Government believes that at the time of cele- brating the contracts will be stipulated all those conditions which will fix the mutual guarantees. With my best distinguished consideration, it is a pleasure to- remain your friend, (Signed) MIGUEL 0. BUSTILLO. BKITISH MINISTER TO PRESIDENT DAVILA. N". 142 Cablegram. Guatemala, 25th of June, 1909. Received in Tegucigalpa 25th June, 10:30 p. m. To His Excellency the President of Honduras, Tegucigalpa: By instructions received from my Government I have the honour to advise your Excellency of the acceptation on the part of the Council of Foreign Bondholders of London of the basis of the arrangement of the foreign debt of Honduras proposed by your Excellency the llth of March of the current year. At the same time I have the pleasure of expressing the satis- faction with which the -Government of H. B. M. has seen the good disposition and eonciliatorv spirit displayed by the Government of \oiir Kxeelleney in the negotiations, due to which it has been made possible to arrive at a solution so satisfactory and honorahle for Until par; (Si-ned) lilMTISH MIMSTKi;. 0, K. 11 I. The United States' Interference, 1909. 99 MEMORANDUM OF MINISTER BROWN. Under instructions from my Government,, which I have just received by telegraph, I have the honor and the pleasure to in- form the Government of Honduras that the firm of J. P. Morgan & Co. has informed my, Government that they are prepared to agree in the arrangement of the foreign debt of Honduras., the delivery of the railway and wharf of Puerto Cortes, and the ad- vancement of a substantial amount for internal improvements which may be necessary, acquiring new bonds which must be duly secured. Messrs. Morgan & Co. have notified my Government that the Council of Foreign Bondholders had accepted the proposal of Morgan & Co., who now have control of the British and American securities, including the railway and wharf, and that the Council of Foreign Bondholders, acting in behalf of the holders of bonds, have informed the British Secretary of State for Foreign Affairs of the foregoing, and that the Secretary of State for Foreign Af- fairs having cordially approved the new project, has, by request of the Council of Bondholders, given notice to Minister Garden of the change in the situation. I have instructions to manifest that if the Government o (! Honduras would send a special agent to the United States with full powers to negotiate with Morgan & Co., the Government of the United States would extend to him all facilities. I beg to add that the Government of the United States feel itself happy to see, in the said proposals, the prospect of a good result and for a settlement upon a favorable basis for the amorti- zation of the National debt, which would be for the prosperity,, tranquility and National strength of Honduras. (Signed) PHILIP BROWN. Tegucigalpa, July 17, 1909. 100 BRITISH MINISTER GARDEN TO MINISTER OF FOREIGN RELATIONS, HONDURAS. British Legation, Guatemala, July 31, 1909. Mr. Minister: Under instructions from H. B. M. Government, I must mani- fest to Your Excellency, for the information of the Government -of Honduras, that the Council of Foreign Bondholders feel sorry that circumstances foreign to their will had obliged them to aban- don the agreements for the settlement of the debt to which they had previously consented. The Government of Your Excellency is therefore relieved of the compromises made with the British bondholders and is free to enter into new arrangements. I have sent to-day instructions by telegraph to H. B. M. Consul ad interim in Tegucigalpa to notify Your Excellency in the sense above referred to. I avail of this opportunity to renew to Your Excellency the protests of my most distinguished consideration and esteem. (Signed) LIONEL GARDEN'. His Excellency Dr. Don Jose Maria Ochoa, } Finister of Foreign Relations, Tegucigalpa. Morgan's Proposition, 1909. 103 CIRCULAR OF THE COUNCIL OF FOREIGN BOND- HOLDERS. HONDURAS EXTERNAL DEBT. Holders of Bonds of the Honduras 5% Loan (1867), the Railway Loan of 1867, the 6 2/3% Railway Loan of 1869, and the 10% Railway Loan of 1870, are invited to forthwith de- posit their Bonds with the Council of Foreign Bondholders against the issue of negotiable deposited Securities to Messrs. J. S. Morgan and Company, against a cash payment of 15. for each 100 of existing Bonds with unpaid coupons attached, provided a settle- ment of the Debts of Honduras under the auspices of the Govern- ment of the United States is effected by the 4th of August, 1910. Lists with the conditions of Deposits can be obtained on ap- plication. (Signed) JAMES P. COOPER, Secretary. 17, Moor^ate Street, London, E. C. 5th of August, 1909. CONDITIONS OF DEPOSIT. (1) The Council is constituted the holder for the time being of the deposited Securities and is invested with all the powers of the actual owners thereof, and is authorized to deliver the deposited Securities to Messrs.* J. S. Morgan and Company, against payment in cash of the sum of Fifteen Pounds (15) in respect of each One Hundred Pounds (100) Bond and unpaid coupons thereon, if and when an arrangement satisfactory to Messrs. J. P. Morgan and 'Company is concluded between the United States of America and the Republic of Honduras for the settlement of the Debt, of which the deposited Securities form part, provided that such payment be made on or before the 4th day of August, 1910. (2) Should payment not be made by the date named, the 'Council, in accord with the Committee of Holders of Honduras Bonds, is authorized to extend the above period or to negotiate .any other arrangement and to act generally as they may deem 104 expedient in the interests of the Certificate Holders; but any such extension of time or arrangement shall only be binding on all Depositors, if, and when ratified by resolution of a General Meeting of the Certificate Holders convened by the Council in manner provided by its Eules and Regulations, the Holders of Certificates issued in respect of Honduras External Bonds of all classes being convened and voting together. (3) No Holders of Certificates issued in respect of deposited Securities shall be entitled to claim delivery of such Securities except on a general re-delivery to be made when deemed expedient by the Council and Bondholders' Committee. THIRTY-SIXTH ANNTAL REPORT OP THE COUNCIL OF THE CORPORATION OF FOREIGN BONDHOLDERS. FOR THE YEAR 1909. EXTRACTS. General Remarks (page 13). In the case of Honduras, a quite unexpected development has taken place, proposals having been put forward by Messrs. J. S'. an and Company to purchase the External Bonds, subject to an arrangement being arrived at between the United State? and Honduras for the issue of a new loan, and the collection of the revenues under the supervision of the United States Government. arafl ( page 15). Karlv in IDO'.i ;l s< heme for the settlement of the External Debt wa- submitted hy tin- Council lo the ({overnment of Honduras through the irood ollir.- ,,f M r . I/mud Cardcn. II. M/fi Minister in Central Amerirji. This seheme \vas approved by the President in March, hut before tb- necessary -leps could he taken to submit the I'ondholdeix tin- Council were informed that -!! ai-i-aii-riiinii \vas not acceptable to the I'nilcd Stales iinn-iil. as it did not pn>\ ide I'oi- the settlement. of the ;m Claims againsl Il'ihdnra-. .\t the same time a ne\\ pro- \\-.\-i put t'-.i-ward by Messrs. ,1. I*. Mnrirnn and Co. of New York, for the purchase of the K\i.-nml Debt, subject to .erlain 105 conditions. Negotiations thereupon took place between the Bond- holders 7 Committee and Messrs. J. S. Morgan and Company of London, and after careful consideration the Committee resolved tx> recommend the Bondholders to deposit their securities with the Council in assent to the following offer : That, subject to a satis- factory arrangement being arrived at between the Governments of the United States and Honduras within a, period of twelve months,, and provided a majority of the securities is deposited in assent to the scheme, Messrs. J. S. Morgan and Company undertake to purchase the Bonds at the rate of 15 in cash for each 100 of Bonds of the four outstanding Loans with arrears of interest. On the 5th of August the Council issued notices inviting the holders to deposit their Bonds against the issue of Certificates, and at the close of the year nearly 2,000,000 of Bonds had been so exchanged. On the 22nd December an official quotation on the Stock Exchange of the Certificates representing negotiable Bonds of the English Eailway Loans of 1867 and 1870 was obtained, and the Council are of opinions that holders who have not yet deposited their securities would be well advised, in their own interests, to do so without delay. It is true that the terms of settlement are disappointing, but the Council and Committee satisfied themselves that it was impossible to obtain more, and a small sum in cash is undoubtedly equal to a very much larger amount in Honduraean promises. As the projected arrangement has the active support of the United States Government, it ought to stand every chance of a successful conclusion, and according to the most recent information 1 received, the negotiations which have for some time past been proceeding at Washington, between the Finance Minister of Hon- duras and the State Department, have made satisfactory progress. Moreover, as the United States Government has intervened to frustrate the consummation of the agreement of March, 1909 7 mentioned above, it is morally bound to secure the success of the scheme which, in accordance with its own wishes, has been put forward in its place. The arrangement will, it is presumed, have to receive the approval of the United States Senate and the Hon- duras Congress. Morgan Asks Extension of Time for His Option on the Honduras Bonds. 1910. 109 "HONDUBAS EXTEBNAL DEBT/' Belay in settlement explained THE QUESTION ON COMPENSATION". London "Financial Times/-' July 27, 1910. A general meeting of the holders of Deposit Certificates repre- senting Honduras Government Bonds, convened by the Council of Foreign Bondholders., was held yesterday at their Office, 17 Moor- .gate St., E. C. "for the purpose of considering the situation and a proposal of Messrs. J. P. Morgan and Company to extend the present arrangement for a further period of six months/' The Hon. Sir Charles W. Fremantle, K. C. B., Vice-President of the Council presided. The Secretary, Mr. James P. Cooper, having read the notice convening the meeting. The Chairman said : Gentlemen : I am sorry to say that Lord Avebury is prevented by illness from being present to-day. I am sure we all regret his absence. He had expected until the last moment to be able to come up, but I suppose the weather had been against him and his doctor will not allow him to come. I have received the following letter from him, which he desires me to read to you. Kingsgate Castle, Isle of Thanet, July 23, 1910. "For the first time since I have had the honor of being Presi- dent of the Council I fear that I shall be prevented by illness from attending a meeting of the bondholders, though I will come up at the last moment if I can. In these circumstances I have prepared some remarks which I shall be glad if you will have read to the meeting." "The Bondholders' Committee is to meet on Tuesday, previous to the general meeting, and circumstances may, of course, alter, but I have every confidence in their judgment, and have little doubt that were I able to be present I should concur with them. They have given great care and attention to the subject, are themselves largely interested, and I venture to hope that the meeting will support them." I will now ask the Secretary to read Lord Avebury's speech to you. 110 LORD AVEBURY, ON THE SITUATION. The Secretary then read Lord Avebury's speech as follows : "The present meeting is a somewhat unexpected event,, and the circumstances under which the necessity for it has arisen are undoubtedly disappointing. I dp not propose to occupy your time with the past history of the Honduras Debt, or of the efforts which have been made by your Committee to oring about a settlement. It is sufficient to go back to the early part of 1909, when your Committee, with the valuable co-operation of the British Minister in Central America succeeded in arranging terms with the Govern- ment of Honduras. Before, however, the proposals could be sub- mitted to the Bondholders, the United States Government inter- vened and substituted its own scheme, which contemplated the re- funding of the entire indebtedness of the Republic. Negotiations then took place with the Council and Committee, who were able to secure a considerable improvement in the terms as originally proposed, and it was agreed that, subject to the necessary arrange- ment being made between the Government of the United States and Honduras, Messrs. Morgan and Company should purchase the Bonds of the External Debt at the rate of 15 cash for each 100 nominal bonds with all overdue interest. The agreement allowed a period of one year 'for the arrangement to be effected, and the Council thereupon, in accordance with Messrs. J. P. Morgan's re- quest, invited the Bondholders to deposit their securities in asseni to the scheme. A prompt and satisfactory response was given to this invitation, the amount of bonds lodged with us and on 11\c Continent being about 4,000,000, which constitutes a large major- ity of the total debt said to be outstanding." "The date fixed for the arrangement to be conclude*] nnl the cash payment was the 4th of August next, but under the conditions of deposit an extension of time could be granted if approved by resolution of a general meeting of the holders of certificates issued in respect of deposited bonds. The question which you have to consider i- whether you are prepared to grant an extrusion." Ill LETTER FROM MESSRS. MORGAN, GRENFELL AND COMPANY. We had confidently hoped that the 15 cash would be paid on or before the 4th of August, but a few days ago we received a letter from Messrs. Morgan, Grenfell and Company informing us that their friends in New York were not prepared to make the 1 payment on that date. This letter is as follows: 22 Old Broad Street, London, E. C., July 18, 1910. James P. Cooper, Esq., Secretary, Council of Honduras External Debt. "Dear Sir: Referring to the letter, of 27th July, 1909, from our predecessors, Messrs. J. P. Morgan and Company, to yourself with a view to an arrangement of. the External Debt of Honduras, we beg to inform you that our friends Messrs. J. P. Morgan and Company advise us that the arrangement between the United States of America and the Republic of Honduras, contemplated under the first condition of deposit, has not been concluded, and' that consequently they will not be able to make payment mentioned in the said condition of deposit on the 4th proximo. "We understand from Messrs. J. P. Morgan and Company that the negotiations are proceeding satisfactory on the other side. Thtr Honduras Congress will meet in October, and if approved thereby, the proposition for the seltloment of the debt will be subject to- ratification by the Congress of the United States of America, which meets in December. Should either of the Governments fail to approve the project would have to be dropped, but in case the matter should be definitely settled before the end of the current year. "Under these circumstances, Messrs. J. P. Morgan and Com- pany are willing to extend the present arrangements for a further six months say, till the 4th February, 1911, should the Council of Foreign Bondholders wish to do so. "Messrs. J. P. Morgan and Company inform us that from advices received they are hopeful of a successful result from the negotiations. "We shall be glad if you will submit Messrs. J. P. Morgan and 112 Company's proposal to your Committee and advise us of its deci- sion as regards the extension of the agreement with the Bond- holders for a further six months." Yours faithfully,, (Signed) MORGAN, GRENFELL AND CO. "This letter contains the whole of the information which Messrs. Morgan and Company have been able to give us. "While we quite admit that it is disappointing that the matter has not been settled within the time originally allowed, we think it must be granted that it is impossible to prevent delays arising in deli- cate negotiations of this .kind, and where two Governments are concerned, and it is only natural that the United States Govern- ment should wish the arrangement to receive full and formal ratifi- cation by Congre-ss. It does not follow that the arrangement will fall through, and it is, at any rate, satisfactory to note that Messrs. J. P. Morgan and Compony state that the negotiations are pro- ceeding with out any hitch, and that they are hopeful of a suc- cessful result. It certainly would seem that as the United St sav ////// .1/fx.srx. Mort/nn nml Company do n<>l '/////'>// j/.v^o.sw/ //* full in irifli II. It is therefore, n-idrr \vhat COUTte you will adopt, whether you will grant it without any : .,r whether \n'>nt for the r.rlcimon of the o/ifion : but as the du." date on which payment should have been made is the 1th of August we merely ask that it' they carry on the business, they should pay interest from the 4th of August, as if they had paid cash, because the Honduras Government should pay it, and it is no doubt through their fault, that the delay has nceiired. If the business had been settled thev would have had to pay inteiv-i <>n any new hondx they issued from the 1th of AU.L'IM : therefore, in asking for this payment of jnlervsi. we are reall\ only asking them to carry out the C'ontraet, jrivin.i: them further time and the further option to carry it out. and 1 am surprised that Messrs. Morgan should 115 have so far refused it. I think that if they meet the Honduras- Government and confer on the subject they will see that the- amount is so small it is only about 12,000 that they will not defer the arrangement on that account, if they mean to carry it out at all. "AN EXCELLENT PRECEDENT." "There is, moreover, an excellent precedent in this matter. 1 was interested in the Santo Domingo Loan, and there we had ta give one or two delays. It was in 1905-6, that the United States intervened in the settlement of the debt of Santo Domingo exactly in the same way as it has done- in that of Honduras, setting on one side an existing arrangement, which, strange to say, had been made under its own auspices in 1904, and under which rights of English holders of Santo Domingo bonds were especially secured. Owing to a delay of exactly the same nature as had occurred in the present instance, the new arrangement was not carried into effect until 1908, but the bondholders received compensation by the addition of interest to the principal amount agreed to be paid. I do not see that one can have a better example. Although it has not a direct bearing on the present case, I cannot help talcing this op- portunity of saying that the English holders of Santo Domingo bonds, of which I was one, were most unfairly treated under the arrangement of 1908, as compared with the French and Belgian holders of identically the same securities; and I must express my surprise and regret that although hopes have been held out that we should receive justice, so far nothing has been done. As regards the present arrangement, I also wish to point out that Messrs. Mor- gan state in the letter we have heard read that the negotiation between the two Governments are still proceeding, so that there can be no difficulty in making alteration in the terms. They have come to practically no arrangement with the Honduras Government, and if we hold out for the extra interest I think we shall probably get it. If not, let them accept the alternative scheme, which will cost them nothing. We should simply be participating in any bonds which might be lost or destroyed. I think we should certainly hold out for something in place of the interest which we are entitled to if they will not pay the interest itself. 11C Mr. Watson: "I think we cannot do better than fall in with the resolution drafted. We should certainly have some compensation, and I shall have much pleasure in moving this resolution, as I am satisfied it is the right course to adopt." Mr. Wells seconded the resolution and it was carried unani- mously. The proceeding them terminated. Morgan's Options to the Honduras Bonds Expired February 4th, 1911. 119 EXTRACTS' FROM THE THIRTY-SEVENTH ANNUAL REPORT OF THE COUNCIL OF THE CORPORATION OF FOREIGN BONDHOLDERS. FOR THE YEAR 1910. -General Remarks (page 12). As to Honduras,, disappointing as the delay must be to the Bondholders, there are, no doubt, many difficulties in the way; but, as previously pointed out by the Council, the Government of the United States, having intervened in order to substitute their own scheme of settlement in the place of that negotiated in 1909, by H. M/s Minister in Central America, are under the strongest obligation to see the matter brought to a successful conclusion. Honduras (page 16). The period of twelve months, within which the arrangement for the settlement of the External Debt was to be concluded, and the agreed price of 15 Cash per 100 of Bonds paid, expired on 4th August, 1910; but much to the disappointment of the Council, a notification was received from Messrs. Morgan and Company, towards the end of July, stating that negotiations between the Governments of the United States and Honduras had not been concluded, and that they were therefore unable to make payment on the date named. In these circumstances it was suggested that an extension of time for six months should be allowed, although it was fully expected that the matter would be decided one way or the other, by the end of the year, as the arrangement was to be sub- mitted to the Congress of Honduras during the month of October, and to the United States Senate in December. A public meeting of the holders of Certificates representing the deposited Bonds was held at the Council House on July 26th, when it was resolved to grant an extension of time for six months, viz, to 4th February, 1911, provided compensation was given for the delay in such form and manner as the Council and Committee might approve. This resolution was communicated to Messrs. Morgan and Company, who, in reply, stated that they were not able to pay the Bondholders anything more than the 15 per 100 of Bonds as originally agreed. In answer to this, the Council pointed out that the conditions on which the Bondholders were prepared to assent to the delay in pay- ment was a reasonable and usual one, and that if the arrangement 120 had been carried through in the stipulated time, the Government of Honduras would presumably have had to provide interest from August 4th, 1910, on the entire new Loan to be issued under the Arrangement. Messrs. Morgan thereupon undertook to communi- cate the Council's views to their friends in New York. The long- protracted negotiations between the Governments of the United States and Honduras were then resumed, but the year 1910 passed, away without any definite results being arrived at, and without even the submission of the proposed Arrangement to either Con- gress. In reply to their inquiries, the council said, however, in- formed that the negotiations were progressing satisfactorily, and in his message to the United States Congress, on 6th December, 1910, President Taf t made the following allusion to the matter : "The Republic of Honduras has for many years been burdened with a heavy bonded debt held in Europe, the interest, on which long ago fell into arrears. Finally, conditions were such that it became imperative to refund the debt and place the finances of the Republic upon a sound basis. Last year a group of American Bankers undertook to do this, and to advance funds for Railway and other improvements contributing directly to the Country's pros- perity and commerce an arrangement which has long been desired : by this Government. Negotiations to this end have been under way for more than a year, and it is now confidently believed that a short time will suffice to conclude an arrangement which will be satisfactory to the foreign creditors, eminently advantageous to Honduras and highly creditable to the judgment and foresight of the Honduranean Government. This is much to be desired, since, as recognized by the Washington Conventions, a strong Honduras would tend immensely to the progress and prosperity of Centra] America." On January 10th, of the present year, a Convention was signed at Washington between the Representatives of the United States and Honduras, and it was fully experted that the matin- would lie concluded before Hie expiration of the six months extension of time on February 4th, Hondura< had, however, in the meantime become involve.] in a fn-
  • pass. On the 1st of February the Council received a communication from Messrs. Morgan and Company stating that in consequence of the ratifications not having been exchanged, they were as yet unable to carry out the purchase of the Bonds, but expected shortly to approach the Bondholders with an offer like the original one. Messrs. Morgan and Company stated that the negotiations were still proceeding, and as the United States have been invited to ar- range an armistice between the opposing parties, it is hoped that,, peace being restored, the arrangement will before long become am accomplished fact. Thirty-Seventh Annual Report of the Council of the Corporation of Foreign Bondholders for the Year 1910. 125 HONDURAS. 'External Debt, Present Amount. Total. Five per cent. Loan of 1867 78,800* Interest (October, 1872, to October, 1910) 149,720 228,520 Ten per cent. Loan of 1867 900,700 Interest (July, 1872, to July, 1910) . . . 3,422,660 4,323,360 Six and two-thirds per cent. Loan of 1869 2,176,570 Interest (March, 1873, to September, 1910 5,441,425 7,617,995. Ten per cent. Loan of 1870. 2,242,500 Interest (July, 1872, to July, 1910) . . . 8,521,500 10,764,000 Total '. 22,933,875 *The amount of the bonds in circulation is understood to be 60,- 900, the balance of 17,900 being in the hands of the Honduras Govern- ment. 126 HONDURAS COMMITTEE. Eight Hon. LOED AVEBUBY, Chairman. F. BUBT, Esq. C. T. D. CREWS, Esq. Hon. SIB C. Wl FBEMANTLE, K.C.B. F. G. HOBNE, Esq. ALFBED JAQUES, Esq. A. PINTO LEITE, Esq. GEOBGE METCALFE, Esq. W. J. BEND ALL MOOBE, Esq. His Honor, Judge SIB THOMAS SNAGGE. H. T. TATHAM, Esq. JAMES P. COOPEB, Esq., Secretary. Area (Estimated), 46,000 square miles. Population (census 1905), 500,136. Capital, Tegucigalpa. Population, 34,600. President, General Miguel B. Davila. External debt, per head, including arrears of interest, 45, 17s. Id. British Minister and Consul General for Honduras (resident at Guatemala), Lionel Garden, Esq. Agent of the bondholders at Porto Cortes, W. J. Bain, Esq. 127 HISTORY OF THE DEBT (FOREIGN). 1827. Upon the breaking up of the Central American Federation the proportion of the 6 per cent. Federal Debt (163,000) alloted to Honduras was two-twelfths, or 27,200. No interest was paid on this by Honduras. 1867. Five per cent., Conversion Loan. Amount, 90,000. Sink- ing fund, 1 per cent. Specially secured on the customs dues of the port of Amapala. This loan was issued for the conversion of the above debt, amounting, with arrears of interest, to 90,075, and for the liquidation of other liabilities in London, amounting to 30,375. . The holders of the old bonds received 55,000 new bonds in satisfaction of their claims. The settlement was affected as a preparation on the part of the Government for floating a loan for the construction of an Interoceanic Railway. 1867. Ten per cent. Railway Loan. Amount, 1,000,000. Issued at 80 per cent, by Messrs. Bischoffsheim & Goldschmidt for the construction of an Interoceanic Railway. The interest was secured upon the railway and its revenues and the produce of the mahogany forests. The Govern- ment undertook to provide an annuity of 140,000 for fifteen years from 31st December, 1869, for the service of the loan, and promised the subscribers half the profits of the proposed railway for fifteen years after its re- demption. 1869. Six and two-thirds per cent. Govt. Railway Loan. Amount, 2,490,108. Issued in Paris by Messrs. Dreyfus & Co. at 75 per cent. Redeemable at par in seventeen years by half yearly drawings. Security, first mortgage on State railway and forests. 1870. Ten per cent. Government Railway Loan. Amount, 2,500,- 000. Sinking fund, 3 per cent, by Messrs. Bischoffsheim & Goldschmidt, on account of Mr. C. J. Lefevre, for the completion of the Interoceanic Railway. Security, the railway and its revenues and the produce of State domains. 1872-73. All four loans went into default, the interest having been paid out of the money borrowed. 128 1875. The loans were the subject of investigation by a Parliamen- tary Committee. 1887-93. A concession, which included a settlement of the Ex- ternal Debt, was granted to Mr. Binney for the comple- tion of the Interoceanic Railway. The existing bonds of the Foreign Loans, with arrears of interest, were to be exchanged for 100 shares in a new railway company to be formed in London. The old bonds were to be lodged in the Bank of England pending the completion of the railway, upon which the Government was empowered to cancel them. The company was formed in 1888, but the Government declined to renew the concession when it ex- pired in 1892. A similar concession was granted to an American Company, which, however, contained no pro- vision for the settlement of the debt, and was canceled in 1893". 1896. A new concession for the construction of the Interoceanic Railway, and embracing a settlement of the External Debt, was granted to the "Honduras Railway Company/ 5 who appear to have been the successors of the company formed in 1892. The terms proposed to be offered to the bondholders were 15 in shares in exchange for each 100 of bonds with 23 years arrears of interest. The committee declined to submit such a proposal to the bondholders .and the concession lapsed. 1897. An American syndicate, styled the "Honduras Syndicate," who were the successors of the "Honduras Railway Com- l>;my." concluded a contract with the Government for the building of the railway, the settlement of the foreign debt, and the establishment of a bank charged with the collection of the customs. Each 100 External IVbt liond, with arrears of interest, was to be exchanged for I' *.'") of new iy* per cent, bonds, redeemable within . ) ."> years, and secured liy a guarantee from the hank and a tirst charge upon the railway. The contract did not ... specify the date at which interest on the new bonds would hcLfin. nor the len-ili of time allowed for the con- ton. All new bonds not claimed within the period allowed by the Syndicate were to be divided between it. 129 and the Government. The committee consented to nego- tiate on the basis proposed, provided that they were satis- fied with the security offered': that the interest com- menced forthwith, and that -the conversion remained open for a reasonable time. Disputes, however, arose between the Government and the Syndicate, owing to the latter having failed to carry out its contract as regards both the construction of the railway and the settlement of the External Debt, which led to the revocation of the concession in 1900, 1900. A second contract with the "Honduras Syndicate" was approved by Congress on the 26th of May, 1900. This arrangement provided for a lease of the already con- structed portion of the railway to the Syndicate for 25 years at an annual rental of $15,000 gold. Under pain of forfeiting the lease, the Syndicate bound itself: (a) To erect a bridge over the Ulua, and to reconstruct that over the Chamlecon within two years from the approval of the contract; (b) to reconstruct the exist- ing line within four years, and (c) to build and open to traffic the line from Ulua to Comayagua within five years. It also undertook to construct 25 kilometres of railway within two years, and to complete the line to the Gulf of Fonseca within seven years from the same date. The Syndicate also obtained a preferential right to construct branch lines, and, for fifteen years from the fulfillment of stipulations (a), (b) and (c), the right to construct a line from the Northern Coast parallel to the existing section. This contract contained no refer- ence to the External Debt. 1902. The Syndicate, notwithstanding its failure to carry out the conditions of the above contract, obtained an extension of time of one year from the Government viz., to 26ijt May, 1903. 1903. The "Honduras Syndicate" again failed to execute the works required under its contract, and the Government on 26th May took possession of the railway. 130 1 903-0 j. Dr. Angel TTgarte was sent to Europe by the Govern- ment as Special Commissioner in connection with the settlement of the debt. The proposals made by Dr. Ugarte were rejected by the committee as entirely inadmissible. 1009. Proposals for a settlement were made by Messrs. J. S. Co. (See page 16 of Report for 1909).* CONCLUSION. 133 CONCLUSION. By the documents herein published it appears that from 1867 to 1870 Honduras authorized four issues of bonds in Europe to the amount of 6,080,108, of which only 681,538 have been redeemed, and 5,398,570 are outstanding, with arrears of interest to the approximate sum of 17,535,305 : -Bonds Arrears of issued redeemed, outstanding. interest. 1867, London . . . 90,000 11,200 78,800 149,720 1867, London ... 1,000,000 99,300 900,700 3,422,660 1869, Paris 2,490,108 313,538 2,176,570 5,441,425 1870, London . . . 2,500,000 257,500 2,242,500 8,521,500 6,080,108 681,538 5,398,570 17,535,305 According to the conditions of the prospectus, these bonds should have produced enough to build the Interoceanic railway, miles long, from Puerto Cortes to the Bay of Fonseca: Second issue, 1,000,000 bonds at 80% 800,000 Third issue, 2,490,108 bonds at 75%-, 1,867,581 issue, 2,500,000 bonds *t 80%--^ 2,000,000 5,990,108 bonds 4,867,581 The c:;. cancelling:- C.'nn.nnn bonds cadi year, at an increasing rate of in to W% in the course of ->\ years, as follows: 1 years, I'-.'nn.nnn lionds each year.... at in<; 1 years, 200,000 Bonds ea< -h year.... at 1.", 4 years, 200,000 Bonds each year. . . .at 11', 4 years, 200,000 Bonds each year.... at 16% 4 years, 200,000 Bonds cadi year i\ L8$ 7 years, 200,000 Bonds ,,,,.1, year,,,, at . 135 In this way Honduras would pay in 27 installments 840,000, as follows: 4 annuities of 20,000 each 80,000 4 annuities of 24,000 each 96,000 4 annuities of 28,000 each... 112,000 4 annuities of 32,000 each 128,000 4 annuities of 36,000 each 144,000 7 annuities of 40,000 each 280,000 Total 840,000 4. By assuming the payment of the debt, Honduras may grant a concession for the construction of the second and third sections of the Interoceanic Railway. Any American syndicate would be willing to have the first section with the obligation of building the second and third within a reasonable time. 5. Instead of the Government financing the Interoceanic Railway, Honduras would allow an American syndicate do it as a business proposition. 6. Honduras has no means to pay the interest and sinking fund of a big loan. She can spare some money from her actual income for the amortization of the old bonds, relying on the probable increment of the Government revenues through the in- crease of business which the construction of the Interoceanic Rail- way would assure. 7. Honduras could not give other security for a loan than the Customs Revenues and the Railway. But the financiers want to have the direct administration of the customs houses and Rail- way under the protection of their Government. Honduras has rejected this proposition, and is disposed to start new negotiations for the settlement of the debt and the construction of the Railway.