THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES BUILDI NG USE ONLY /' 62d Congress 1 mrxrATv (Document 3d Session ( ^i^i^Aih \ No. 1063 TREATIES, CONVENTIONS, INTERNATIONAL ACTS, PROTOCOLS, AND AGREEMENTS BETWEEN THE UNITED STATES OF AMERICA AND OTHER POWERS SUPPLEMENT. 1913 TO SENATE DOCUMENT NO. 357 SIXTY-FIRST CONGRESS SECOND SESSION COMPILED BY GARFIELD CHARLES VOL. Ill PART I- CONVENTIONS IN FORCE PART II-CONVENTIONS NOT IN FORCE WASHINGTON GOVERNMENT PRINTING OFFICE I9I3 In the Skxate of the Unitf.d States, February 5. 1913. Resolved. That five hundred copies additional of the supplement to the conipihition entitled " Treaties, Conventions, International Acts, and Protoi-nls Between the United States and Otlier Powers, seventeen hundred and seventy-six to nineteen hundred and nine," includinfj treaties, conventions, important protocols, and interna- tional acts to which the United States may nave Ix-cn a ]Darty from January first, nineteen hundred and ten, to March fourth, nineteen hundred and thirteen, inclusive, be printed as a Senate document. Attest: CHARiJis G. Bennett. /Secretary. RefgrancB ' ' '^> '? 'J / If 10 V, 5 Sup, PREFACE. This compilation was prepared under the direction of the Com- mittee on Foreign Relations, United States Senate, pursuant to the resolution of the Senate of August 16, 1912, and embraces the treaties, . conventions, international acts, protocols, and agreements to which \ the United States has been a party since January 1, 1910, down to and including the session of Congress ending March 4, 1913. There are also inserted in Part II such treaties, conventions, in- ternational acts, protocols, and agreements, ratifications of which have been advised by the Senate of the United States, but have failed of ratification by other signatory powers or by the President. These _ treaties, conventions, etc., therefore, are of no binding effect, but are "^ included in this volume because they may become operative in the future. Although the ratification of the treaties with Panama and Colombia was advised by the Senate prior to January 1, 1910, they c are inserted in this volume. These treaties, being of a tripartite ^ nature, each depending on the other, have not become operative by , reason of the failure of Colombia to accept them. Garfield Charles. Committee on Foreign Relations, United States Senate. (3) \ CONTENTS. Part I. Page. List of Presidents 9 List of Secretaries of Stale 10 Chronological list of treaties, conventions, and agreements by countries and of international acts 12 Conventions in force 17 International conventions and acts to which the United States is a party and which are in force 119 Part II. Treaties, conventions, international acts, protocols, and agreements, rati- fications of which have been advised by the Senate, but which are not In force 183 (5) PART I. LIST OF PRESIDENTS; LIST OF SECRETARIES OF STATE; CHRONOLOGICAL LIST OF TREATIES. CONVENTIONS. AND AGREEMENTS BY COUNTRIES AND OF INTER- NATIONAL ACTS; CONVENTIONS IN FORCE; INTERNATIONAL CONVENTIONS AND ACTS TO WHICH THE UNITED STATES IS A PARTY AND WHICH ARE IN FORCE. (7) PART I. LIST OF PRESIDENTS. Presidents. Administration. Began. George Washington John Adams Thomas Jefferson James Madison James Monroe John Quincy Adams Andrew Jackson Martiia Van Buren William Henry Harrison John Tyler James K. Polk Zachary Taylor Millard Fillmore Franklin Pierce James Buchanan , Abraham Lincoln , Andrew Johnson Ulysses S. Grant Rutherford B. Hayes James A. Garfield , Chester A. Arthur Grover Cleveland Benjamin Harrison Grover Cleveland William McKinley Theodore Roosevelt William H. Taft Woodrow Wilson March 4, 1789 March 4, 1797 March 4, 1801 March 4, 1809 March 4, 1817 March 4, 1825 March 4, 1829 March 4, 1837 March 4, 1841 April 4, 1841 March 4, 1845 March 4, 1849 July 9, 1850 March 4, 1853 March 4, 1857 March 4, 1861 April 15, 1865 March 4, 1869 March 4, 1877 March 4, 1881 September 19, 1881... March 4, 1885 March 4, 1889 March 4, 1893 March 4, 1897 September 14, 1901... March 4, 1909 March 4, 1913 Ended. March 4, 1797. March 4, ]801. March 4, 1809, March 4, 1817. March 4, 1825. March 4, 1829. March 4, 1837. March 4, 1841. April 4, 1841. March 4, 1845. March 4, 1849. July 9, 1850. March 4, 1853. March 4, 1857. March 4, 1861. April 15, 1865. March 4, 1869. March 4, 1877. March 4, 1881. September 19, 1881. March 4, 1885. March 4, 1889. March 4, 1893. March 4, 1897. September 14, 1901. March 4, 1909. March 4, 1913. (9) SECRETAETES OF STATE. The following: list contains the names of the different Secretaries, the Presidents by whom appointed, and the dates of their respective commissions : Secretaries of State. Presidents. John Forsyth, o( Georgia. . IJohn Adams. ...do ...do T homas Jefferson, of Virginia Edmund Randolph, of Virginia Timothy Pickering, of Pennsylvania (Secretary J — do. of War). John Marshall, of Virginia Levi Lincoln, of Massachusetts (.\ttomey General), ad interim. James Madison, of Virginia Robert Smith, of Maryland James Monroe, of Virginia Richard Rush, of Pennsylvania (Attorney General), ad interim. John Quincy Adams, of Massachusetts Henry Clay, of Kentucky James A. Hamilton, of New York, ad interim Martin Van Buren, of New York £dward Livingston, of Louisiana Louis McLane, of Delaware George Washington . ....do Thomas Jeflerson . James Madison do James Monroe .do. J. L. Martin, of North Carolina (chief clerk), ad interim. Daniel Webster of Massachusetts. Engh S. Legar^, of South CaroUna (Attorney General), ad interim. William S. Derrick, of Pennsylvania (chief clerk), ad interim. Abel P. Up^ur, of Virginia (Secretary of the Navy). . John Nelson, of Maryland (Attorney General), ad interim. John C. Calhoun, of South (DaroUna James Buchanan, of Pennsylvania Johm M. Clayton, of Delaware . Daniel Webster, of Massachusetts Charles M. Conrad, of Louisiana (Secretary of War), ad interim. Edward Everett, of Massachusetts WiUiam Hontar, of Rhode Island (chief clerk), ad iBtwim. John Quincy Adams. do Andrew Jackson do do J. ...do [Martin Van Buren . . . do {William H. Harrison . John Tyler do .do. .do. .do. do James K. Polk... JZachary Taylor . . iMillard Filhnore. do do .do. .do. Commissioned. September 26, 1789. January 2, 1794. [December 10, 1795. May 13, 18(X). March 5, 1801. March 5, 1801. March 6, 1809. April 2, 1811. March 10, 1SJ7. March 5, 1817. March 7, 1825, March 4, 1829. March 6, 1829. May 24, 1831. May 29, 1833. jjune 27, 1834. March 3, 1841. [March 5, 1841. May 9, 1»43. June 21, 1843. June 24, 1843. February 29. 1844. March 6, 1844, March 6, 1846. March 7, 1849. July 22, 1850. September 2, 1852. NoN'ember 6, 1862. March 3, 1863. (10) 11 Secretaries of State. William L. Marcy, of New York Lewis Cass, of Michigan William Hunter, of Rhode Island (chief clerk), ad interim. Jeremiah S. Black, of Pennsylvania William H. Seward, of New York. Elihu B. Washburne, Illinois Hamilton Fish, of New York WilUam M. Evarts, of New York. James G. Blaine, of Maine. IrederickT. Frellnghuysen, of New Jersey Thomas F. Bayard, of Delaware James G. Blaine, of Maine William F. Wharton, of Massachusetts (Assistant Secretary), ad interim. John W. Foster, of Indiana William F. Wharton of Massachusetts (Assistant Secretary), ad interim. Walter Q. Gresham, of Ilhnois Edwin F. Uhl, of Michigan (Assistant Secretary), ad interim. Richard Olney, of Massachusetts John Sherman, of Ohio William R. Day, of Ohio Alvey A. Adee, of the District of Columbia (Second Assistant Secretary), ad interim. John Hay, of the District of Columbia. Elihu Root, of New York , Robert Bacon, of New York Philander C. Knox, of Pennsylvania. .. WilUam Jennings Bryan, of Nebraska . Presidents. Franklin Pierce . . James Buchanan. ....do ....do f Abraham l-incoln [Andrew Johnson Uylsses S. Grant do , Rutherford B. Hayes. fJames A. Garfield [Chester A. Arthur do Grover Cleveland Benjamin Harrison . . . do , .do. .do. Grover Cleveland . ....do ....do WilUam McKinlcy. ....do , do J. ...do [Theodore Roosevth. do do WilUam II. Taft.... Woodrow Wilson ... Commissioned. March 7, 1853. March 6, 1857. December 13, 1860. December 17, 1860. [March 5, 1861. March 5, 1869. March 11, 1869. March 12, 1877. [March 5, 1881. December 12, 188L March 6, 1885. March 5, 1889. June 4, 1892. June 29, 1892. February 24, 1893. March 6, 1893. March 28, 1895. June 8, 1895. March 6, 1897. April 26, 1898. September 17, 1898. [September 20, 1898. July 7, 1905. January 27, 1909. March 5, 1909. March 3, 1913. CHRONOLOGICAL LIST OF TREATIES, CONVENTIONS, AGREEMENTS BY COUNTRIES, AND OF INTERNA- TIONAL ACTS, 1910-1913. Country. Subject. Signed. Proclaimed. Pace Argentine Repub- Uc. Austria-Hungary. Brazil Brazil Colombia Colombia Colombia and Panama. CostaRica Dominican Re- public. Ecuador France France France Great Britain Great Britain Great Britian Great Britain Great Britain Great Britain Great Britain Honduras Italy Japan Japan Mexico Mexico Nicaragua Nicaragua Panama Panama and Co- lombia. Russia Salvador Sweden Natoralizalion Copyrights Naturalization Arbitration Ship canal Ship canal Ship canal Naturalization E itradi tion Arbitration Extradition -Arbitration Arbitration Boundary waters between United States and Canada. Passamaquoddy Bay Pecuniary claims Fur seals Fur seals Arbitration Atlantic coast fisheries arbitration Extradition Commerce and navigation Commerce and navigation Fur seals Arbitration of Chamizal case Supplemental protocol for arbi- tration of Chamizal case. Naturalization Naturalizat ion Ship canal Ship canal Fiir seals Extradition Consular August 9, 1909. January 30, 1912. April 27, 1908.... January 23, 1909. January 22, 1903. January 9, 1909.. January 9, 1909.. June 10, 1911. June 19, 1909. January 7, 1909 January 6, 1909 Augusts, 1911 February 13, 1913. January 11, 1909... May 21, 1910 August 18, 1910.... February 7, 1911.. July 7, 1911 Augusts, 1911 July 20, 1912 January 15, 1909... February 25, 1913. February 21, 1911. July 7, 1911 June 24, 1910 December 5, 1910. . December 7, 1908. . June 17, 1911 January 9, 1909 January 9, 1909 July?, 1911... April 18, 1911. June 1, 1910.. January 12, 1910. October 15, 1912. April 2, 1910 August 2, 1911... June 6, 1912 August 26, 1910. June 23, 1910. July 26, 1911.. March 15,1913. May 13, 1910... Septembers, 1910.. April 26, 1912 December 14, 1911.. December 14, 1911.. November 16, 1912. July 10, 1912 Aprils, 1911 December 14, 1911. January 25, 1911... January 25, 1911... May 10, 1912. May 10, 1912. December 14, 1911. July 13, 1911 March 20, 1911 (12) 13 CHRONOLOGICAL LIST OF TREATIES, ETC.— Continued. INTERNATIONAL ACTS AND CONVENTIONS. Subject. Signed. Proclaimed. Page. Pecuniary claims Status of naturalized citizens International law Wireless telegraphy Wireless telegraphy International Prize Court Declaration of International Naval Conference Repression of the circulation of obscene publications. . Assistance and salvage at sea Fourth International Congress of American States: Pecuniary claims Literary and artistic copyrights Protection of trade-mar Ifs Inventions, patents, designs, and industrial models. Indus! rial property International sanitation August 13, 1900 August 13, 1900 August 23, 1906 Novembers, 1906.. Julys, 1912 October 18, 1907 February 26, 1909.., May 4, 1910 September 23, 1910. August 11, 1910. August 11, 1910. August 22, 1910. August 20, 1910. June 2, 1911 January 17,1912. January 28, 1913 . January 28, 1913 . May 1, 1912 May 25, 1912 April 13, 1911 February 13,1913. 121 125 129 151 185 248 206 133 137 345 349 354 362 367 390 TREATIES AND CONVENTIONS NOW IN FORCE. (15) AUSTRTA-TTUNGAKY. 1912. Copyright Convention. Signed at Budapest January SO, 1912; ratification advhed hy the Senate July 23, 1912: ratified hy the President July SU 19121 rati- cations exchanged September 16, 1912: proclaimed October 15. 1912. ABTICLES. I. Reciprocal protection. II. Conditions and formalities to be observed. III. Term of copyright protection. IV. Ratification. V. Duration. The President of the United States of America, and His Majesty the Emperor of Austria, King of Bohemia etc. and Apostolic King of Hungary, Desiring to provide, between the United States of America and Hungary, for a reciprocal legal protection in regard to copyright of the citizens and subjects of the two Countries, have, to this end, decided to conclude a Convention, and have appointed as their Pleni- potentiaries : The President of the United States of America : Richard C. Kerens, Ambassador Extraordinary and Plenipoten- tiary of the United States of America to His Imperial and Royal Apostolic Majesty ; and His Majesty the Emperor of Austria, King of Bohemia etc. and Apostolic King of Hungary : Count Paul Esterhazy, baron of Galantha, viscount of Frakno, Privy Councillor and Chamberlain, Chief of section in the Ministry of the Imperial and Royal House and of Foreign Affairs, and Dr. Gustavus de Tory, Secretary of State in the Royal Hungarian Min- istry of Justice ; Who, having communicated to each other their full powers, found to be in good and due form, have agreed as follows: Abticle 1. Authors who are citizens or subjects of one of the two countries or their assigns shall enjoy in the other country, for their literary, artistic, dramatic, musical and photographic works (whether unpub- lished or published in one of the two countries) the same rights which the respective laws do now or may hereafter grant to natives. The above provision includes the copyright control of mechanical musical reproductions. 76844°— S. Doc. 1063, 62-5 2 (17) 18 Article 2. The enjoyment and the exercise of the rights secured by the pres- ent Convention are subject to the performance of the conditions and formalities prescribed by the hiws and regulations of the country where protection is claimed under the present Convention ; such en- joyment and such exercise are independent of the existence of pro- lection in the country of origin of the work. Ajrticle 3. The term of copyright protection granted by the present Conven- tion shall be regulated by the law of the country where protection is claimed. Article 4. The present Convention shall be ratified and the ratifications shall be exchanged at Washington as soon as possible. Article 5. The present Convention shall be put in force one month after the exchange of ratifications, and shall remain in force until the termina- tion of a year from the day on which it may have been denounced. In faith whereof the Plenipotentiaries have signed the present Convention in two copies, each in the English and Hungarian lan- guages, and have affixed thereto their seals. Done at Budapest, the 30th day of January 1912. [seal] Richard C Kerens [seal] Esterhazy Pal [seal] Tory Gusztav BRAZIL.. 1908. Natuealization Convention. Signed at Rio de Janeiro April 27 1908; ratification advised hy the Senate December 10^ 1908; ratified hy the President Decerriber S6, 1908; ratified hy Brazil December 6, 1909; ratifications exchanged at Rio de Janeiro February 28, 1910; proclaimed April 2, 1910. Abticles. I. Naturalization recognized. 11. Renunciation of naturalization. III. Definition of citizen. IV. Liability for prior offenses. V. Declaration of intention. VI. Ratification: duration. The United States of America and the United States of Brazil, led by the wish to regulate the status of their naturalized citizens who again take up their residence in the country of their origin, have resolved to make a Convention on this subject, and to this end have appointed for their Plenipotentiaries, viz : The President of the United States of America, the Ambassador Extraordinary and Plenipotentiary of the United States of America near the Government of the United States of Brazil, Irving B. Dud- ley; and The President of the United States of Brazil, the Minister of State for Foreign Relations, Jose Maria da Silva Paranhos do Rio- Branco ; Who, thereunto duly authorized, have agreed upon the following articles : Article I Citizens of the United States of America who may or shall have been naturalized in the United States of Brazil upon their own application or by their own consent, will be considered by the United States of America as citizens of the United States of Brazil. Recip- rocally, Brazilians who may or shall have been naturalized in the United States of America upon their own application or by their own consent will be considered by the United States of Brazil as citizens of the United States of America. Article II If a citizen of the United States of America, naturalized in the United States of Brazil, renews his residence in the United States of America, with the intention not to return to the United States (19) 20 of Brazil, he shall be held to have renounced his naturalization in the United States of Brazil: and, reciprocally, if a citizen of the United States of Brazil, naturalized in the United States of America, renews his residence in the United States of Brazil, with the intention not to return to the United States of America, he shall be held to have renounced his naturalization in the United States of America. The intention not to return may be held to exist when the person naturalized in one of the two countries resides more than two years in the other; but this presumption may be destroyed by evidence to the contrary. Akticle III It is agreed that the word " citizen ", as used in this Convention, means any person whose nationality is that of the United States of America or the United States of Brazil. A_RTICLE IV A naturalized citizen of the one party, on retuminor to the territory of the other, remains liable to trial and punishment for an action punishable by the laws of his original country, and committed before his emigration, but not for the emigration itself, saving always the limitation established by the laws of his original country, and any other remission of liability to punishment. Article V The status of a naturalized citizen may be acquired only through the means established by the laws of each of the countries and never by one's declaration of intention to become a citizen of one or the other country. Article VI The present Convention shall be submitted for the approval and ratification of the competent authorities of the contracting parties and the ratifications shall be exchanged at the city of Rio de Janeiro within two years from the date of this Convention. It shall enter into full force and effect immediately after the exchange of ratifications, and in case either of the two parties notify the other of its intention to terminate the same, it shall continue in force for one year counting from the date of said notification. In witness whereof the Plenipotentiaries above mentioned have signed the present Convention, affixing thereto their seals. Done in duplicate, each in the two languages, English and Portu- giiese, at the city of Rio de Janeiro, this twenty-seventh day of April nineteen hundred and eight. [seal.] Irvikg B Dudley [seal.] Rio-Branco. BRAZIL. 1909. Arbitration Convention. Signed at Washington January 23, 1909,' ratification advised by the /Senate January 27, 1909/ ratified by the President March 1, 1909; ratified by Brazil January 2, 1911; ratifications exchanged at Washington July 26, 1911; proclaimed August 2, 1911, ARTICLES. I. Differences to be submitted. I III. Ratification. II. Special agreement. | IV. Duration. The President of the United States of America and the President of the United States of Brazil, desiring to conclude an Arbitration Convention in pursuance of the principles set forth in Articles XV to XIX and in Article XXI of the Convention for the Pacific Settle- ment of International Disputes, signed at The Hague on July 29th, 1899, and in Articles XXXVII to XL and Article XLII of the Convention signed at the same city of The Hague on October 18th, 1907, have named as their Plenipotentiaries, to wit: The President of the United States of America, Elihu Root, Sec- retary of State of the United States; and The President of the United States of Brazil, His Excellency Senhor Joaquim Nabuco, Ambassador Extraordinary and Plenipo- tentiary to the Government of the United St^ites of America, Member of the Permanent Court of Arbitration of The Hague; AVho, after having communicated to one another their full powers, found in good and due form, have agreed upon the following articles: Article I. Differences which may arise of a legal nature or relating to the interpretation of treaties existing between the two High Contracting Parties, and which it may not have been possible to settle by diplo- macy, shall be referred to the Permanent Court of Arbitration estab- lished at The Hague, provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two High Contracting Parties, and do not concern the interests of third Parties, and it being further understood that in case either of the two High Contracting Parties shall so elect any arbitration pursuant hereto shall be had before the Chief of a friendly State or arbitrators selected without limitation to the lists of the aforesaid Hague Tribunal. (21) 22 Abticle II. In each individual case the two High Contractino: Parties, before appealine it. Persons shall be delivered up according to the provisions of this Convention, who shall have been charged with or convicted of any of the following crimes: 1. Murder, comprehending the crimes designated by the terms of parricide, assassination, manslaughter, when voluntary, poisoning or infanticide. 2. The attempt to commit murder. 3. Rape, abortion, carnal knowledge of children under the age of twelve years. 4. Bigamy. 5. Arson. 6. Willful and unlawful destruction or obstruction of railroads, which endangers human life. 7. Crimes committed at sea : (a) Piracy, as commonly known and defined by the laws of Nations ; (b) Wrongfully sinking or destroying a vessel at sea or attempting to do so ; (c) Mutiny or conspiracy by two or more members of the crew or other persons on board of a vessel on the high seas, for the pur- pose of rebelling against the authority of the Captain or Commander of such vessel, or by fraud or violence taking possession of such vessel ; (d) Assault on board ships upon the high seas with intent to do bodily harm. 8. JBurglary, defined to be the act of breaking into and entering the house of another in the night time with intent to commit a fel- ony therein ; 9. The act of breaking into and entering into the offices of the Government and public authorities, or the offices of banks, bank- ing houses, saving banks, trust companies, insurance companies, or other buildings not dwellings with intent to commit a felony therein. 10. Robbery, defined to be the act of feloniously and forcibly taking from the person of another, goods or money by violence or by putting him in fear. 11. Forgery or the utterance of forged papers. 12. The forgery or falsification of the official acts of the Govern- ment or public authority, including Courts of Justice, or the utter- ing or fraudulent use of any of the same. 13. The fabrication of counterfeit money, whether coin or paper, counterfeit titles or coupons of public debt, created by National, State, Provincial, Territorial, Local or Municipal Governments, bank notes or other instruments of public credit, counterfeit seals, stamps, dies and rnarks of State or public administrations, and the utterance, circulation or fraudulent use of the above mentioned objects. II. Embezzlement or criminal malversation committed onthin the jurisdiction of one or the other party by public officers or depositaries, where the amount embezzled exceeds two hundred dollars. 27 15. Embezzlement by any person or persons hired, salaried or employed, to the detriment of their employers or principals, when the crime or offence is punishable by imprisonment or other corporal punishment by the laws of both countries, and where the amount embezzled exceeds two hundred dollars. 16. Kidnapping of minors or adults, defined to be the abduction or detention of a person or persons, in order to exact money from them or their families, or for any other unlawful end. 17. Larceny, defined to be the theft of effects, personal property, or money of the value of twenty-five dollars or more. 18. Obtaining money, valuable securities or other property by false pretenses or receiving any money, valuable securities or other property knowing the same to have been unlawfully obtained, where the amount of money or the value of the property so obtained or received exceeds two hundred dollars. 19. Perjury or subornation of perjury. 20. Fraud or breach of trust by a bailee, banker, agent, factor, trustee, executor, administrator, guardian, director or officer of any Company or Corporation, or by any one in any fiduciary position, where the amount of money or the value of the property misappropri- ated exceeds two hundred dollars. 21. Crimes and offences against the laws of both countries for the suppression of slavery and slave trading. 22. The extradition is also to take place for participation in any of the aforesaid crimes as an accessory before or after the fact, pro- vided such participation be punishable by imprisonment by the laws of botJi Contracting Parties. Articue III. The provisions of this Convention shall not import claim of extra- dition for any crime or offence of a political character, nor for acts connected with such crimes or offences; and no persons surrendered by or to either of the Contracting Parties in virtue of this Convention shall be tried or punished for a political crime or offence. When the offence charged comprises the act either of murder or assassination or of poisoning, either consummated or attempted, the fact that the offence was committed or attempted against the life of the Sovereign or Head of a foreign State or against the life of any member of his family, shall not be deemed sufficient to sustain that such a crime or offence was of a political character, or was an act connected with crimes or offences of a political character. Article TV. No persons shall be tried for any crime or offence other than that for which he was surrendered. Article V. • • A fugitive criminal shall not be surrendered under the provisions hereof, when, from lapse of time or other lawful cause, according to the laws of the place within the jurisdiction of which the crime was committed, the criminal is exempt from prosecution or punishment for the offence for which the surrender is asked. 28 Article VI. If a fugitive criminal whose surrender may be claimed pursuant to the stipulations hereof, be actually under prosecution, out on bail or in custody, for a crime or offence committed in the country where he has sought asylum, or shall have been convicted thereof, his extra- dition may be deferred until such proceedings be determined, and, until he shall have been set at liberty in due course of law. Article VII. If a fugitive criminal claimed by one of the parties hereto, shall be also claimed by one or more powers pursuant to treaty provisions, on account of crimes committed within their jurisdiction, such criminal shall be delivered to that State whose demand is first received. Article \r[II. Under the stipulations of this convention, neither of the Contract- ing Parties shall be bound to deliver up its own citizens or subjects. Article IX. The expense of the arrest, detention, examination and transporta- tion of the accused shall be paid by tho Goverimient which has pre- ferred the demand for extradition. Article X. Everytliing found in the possession of the fugitive criminal at the time of his arrest, whether being the proceeds of the crime or offence, or which may be material as evidence in making proof of the crime, shall, so far as practicable, according to the laws of either of the Contracting Parties, be delivered up with his person at the time of the surrender. Nevertheless, the rights of a third party with regard to the articles aforesaid, shall be duly respected. Article XI. The stipulations of this Convention shall be applicable to all ter- ritory wherever situated, belonging to either of the Contracting Parties or in the occupancy and under the control of either of them, during such occupancy or control. Requisitions for the surrender of fugitives from justice shall be made by the respective diplomatic agents of the Contracting Parties. In the event of the absence of such agents from the country or its seat of Government, or where extradition is sought from territoi*y included in the preceding paragraph, other than the United States or the Dominican Republic, requisition may be made by superior consular oflicers. It shall be competent for such diplomatic or superior consular officci-s to ask and ol)tain a mandate or preliminary warrant of arrest for the person whose surrender is sought, whereupon the judges and 29 magistrates of the two Governments shall respectively have power and authority, upon complaint made under oath, to issue a warrant for the apprehension of the person charged, in order that he or she may be brought before such judge or magistrate, that the evidence of criminality may be heard and considered ; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of the fugitive. If the fugitive criminal shall have been convicted of the crime for which his surrender is asked, a copy of the sentence of the Court before which such conviction took place, duly authenticated, shall be produced. If, however, the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime was committed, and of the depositions upon which such warrant may have been issued, shall be produced with such other evidence or proof as may be deemed competent in the case. Article XII. If, when a person accused shall have been arrested ill virtue of the mandate or preliminary v/arrant of arrest, issued by the com- petent authority as provided in Article XI hereof, and been brought, before a judge or magistrate to the end that the evidence of his or her guilt may be heard and examined as herein before provided, it shall appear that the mandate or preliminary warrant of arrest has been issued in pursuance of a request or declaration received by telegraph from the Government asking for the extradition, it shall be competent for the judge or magistrate at his discretion to hold the accused for a period not exceeding two months, so that the demanding Government may have opportunity to lay before such judge or magistrate legal evidence of the guilt of the accused, and if, at the expiration of said period of two months, such legal evidence shall not have been produced before such judge or magistrate, the person arrested shall be released, provided that the examination of the charges preferred against such accused person shall not be actu- ally going on. Article XIII. In every case of a request made by either of the two Contracting Parties for the arrest, detention or extradition of fugitive criminals, the legal officers or fiscal ministry of the country where the proceed- ings of extradition are had, shall assist the officers of the Government demanding the extradition before the respective judges and magis- trates, by every legal means within their or its power; and no claim whatever for compensation for any of the services so rendered shall be made against the Government demanding the extradition, pro- vided however, that any officer or officers of the surrendering Gov- ernment so giving assistance, who shall, in the usual course of their duty, receive no salary or compensation other than specific fees for services performed, shall be entitled to receive from the Government demanding the extradition the customary fees for the acts or services performed by them, in th-e same manner and to the same amount as 30 though such acts or services had been performed in ordinary criminal proceedings under the laws of the country of which they are officers. Article XIV. This Convention shall take effect from the day of the exchange of the ratifications thereof; but either Contracting Party may at any time terminate the same on giving to the other six months notice of its intention to do so. The ratifications of the present Treaty shall be exchanged at the City of Santo Domingo as soon as possible. In witness whereof, the respective Plenipotentiaries have signed the above articles, and have hereunto affixed their seals. Done, in duplicate, at the City of Santo Domingo, this nineteenth day of June, one thousand nine hundred and nine. [seal] Fextox R McCreery [seal] E Tejera Boxetti ECUADOR. 1909. Arbitration Convention. Signed at Washington January 7, 1909; rati-jication advised hy the Senate January 13, 1909; ratified hy the President March 1, 1909; ratified by Ecuador A^ovemher o, 1909; ratifications exchanged at Washington June 22, 1910; proclaimed June 23, 1910. Articles. T. Differences to be submitted. I III. Duration. II. Special agreement. I IV. Ratification. The Government of the United States of America, signatory of the two conventions for the Pacific Settlement of International Disputes, concluded at The Hague, respectively, on July 29, 1899, and October 18, 1907, and the Government of the Republic of Ecuador, adherent to the said convention of July 29, 1899, and signa- tory of the said convention of October 18, 1907; Taking into consideration that by Article XIX of the conven- tion of July 29, 1899, and by Article XL of the convention of October 18, 1907, the High Contracting Parties have reserved to themselves the right of concluding Agreements, with a view to referring to arbitration all questions which they shall consider possible to sub- mit to such treatment ; Have authorized the undersigned to conclude the following Con- vention : Article I. Differences which may arise of a legal nature, or relating to the interpretation of traties existing between the two Contracting Par- ties, and which it may not have been possible to settle by diplomacj', shall be referred to the Permanent Qourt of Arbitration established at The Hague by the convention of the 29th July, 1899. for the Pacific Settlement of International Disputes, and maintained by The Hague Convention of the 18th October, 1907; provided, never- theless, that they do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the interests of third Parties. Article II. In each individual case the High Contracting Parties, before appealing to the Permanent Court of Arbitration, shall conclude a special Agreement, defining clearly the matter in dispute, the (31) 32 Bcoix? of the powers of the arbilnitors. and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that on the part of the United States such special agreements will be made by the President of the United States, by and with the advice and consent of the Senate thereof, and on the part of Ecuador shall be subject to the procedure required by the Constitution and laws thereof. Article III. The present Convention is concluded for a period of five years and shall remain in force thereafter until one year's notice of termi- nation shall be given by either party. Article IV. The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of Ecuador in accordance with the Constitution and laws thereof. The ratifications shall be exchanged at Washington as soon as possible, and the Convention shall take effect on the date of the exchange of its ratifications. Done in duplicate, in the English and Spanish languages, at Was^i- ington, this seventh day of January, in the year one thousand nine hundred and nine. Elihu Root [seal] L. F. Carbo [seal] FRANCE. 1909. Extradition Convention. Signed at Paris January 6^ 1909; ratification advised hy the Senate with amendment April 5, 1909; ratified hy the President May ^5, 1911; ratified hy France June 27, 1911 ; 7'atiflcations exchanged at Paris June 27, 1911; proclaimed July 26, 1911. Aeticles. I. Delivery of accused. II. Extraditable offenses. III. Requisition for surrender. IV. Application for arrest and deten- tion. V. Nondelivery of citizens. VI. Political offenses. VII. Offense for which to be tried. VIII. Limitations. IX. Extradition to be deferred. X. Priority of demand. XI. Property in possession of ac- cused. XII. Expenses. XIII. Procedure in colonies and pos- sessions. XIV. Effect; duration; ratification. The United States of America and the Republic of France, being desirous to confirm their friendly relations and to promote the cause of justice, have resolved to conclude a new treaty for the extradition of fugitives from justice, and have appointed for that purpose the following plenipotentiaries : The President of the United States of America : His Excellency Mr. Henry White, Ambassador extraordinary and plenipotentiary of the United States of America to the French Republic, And the President of the French Republic: His Excellency M. Stephen Pichon, Senator, Minister for Foreign Affairs; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and con- cluded the following articles ; Arttcle I. The Government of the United States and the Government of France mutually agree to deliver up persons who. having been charged with or convicted of any. of the crimes or offences specified in the following article, committed within the jurisdiction of one of the contracting Parties, shall seek an asylum or be found within the territories of the other : Provided That this shall only be done upon such evidence of criminality as, according to the laws of the place (33) 76844°— S. Doc. 1063, 62-^ 3 34 where the fugitive or person so charged shall be found, would justify his or her apprehension and commitment for trial if the crime or offence had been there committed. Abticle II. Extradition shall be granted for the following crimes and offences: 1. Murder, assassination, parricide, infanticide and poisoning; manshiughter, when voluntary; assault with intent to commit murder. 2. Rape, abortion, bigamy. 3. Arson. 4. Robbery, burglary, house-breaking or shop-breaking. 5. Forgery; the utterance of forged papers, the forgery or falsi- fication of official acts of Government, of public authority, or of courts of justice, or the utterance of the thing forged or falsified. 6. The counterfeiting, falsifying or altering of money, whether coin or paper, or of instruments of debt created by national, state, provincial, municipal or other governments, or of coupons thereof, or of bank-notes, or the utterance or circulation of the same; or the counterfeiting, falsifying, or altering of seals of State. 7. Fraud or breach of trust by a bailee, banker, agent, factor, executor, administrator, guardian, trustee or other person acting in a fiduciary capacity, or director or member or officer of any company, when such act is made criminal by the laws of both countries, and the amount of money or the value of the property misappropriated is not less than two hundred dollars, or one thousand francs. Embezzlement by public officers or depositaries ; Embezzlement by persons hired or salaried, to the detriment of their employers. 8. Larceny ; obtaining mone}^ valuable securities or other property by false pretenses, when such act is made criminal by the laws of both countries, and the amount of money of the value of the property fraudulently obtained is not less than two hundred dollars or one thousand francs. 9. Perjury, subornation of perjury. 10. Child-stealing, or abduction of a minor under the age of 14 for a boy and of 16 for a girl. 11. Kidnapping of minors or adults. 12. Willful and unlawful destruction or obstruction of railroads, which endangers human life. 13 a. Piracy, by the law of nations. h. The act by any person, being or not being one of the crew of a vessel, of taking possession of such vessel by fraud or violence. c. Wrongfully sinking or destroying a vessel at sea. d. Revolt or conspiracy to revolt, by two or more persons on board a ship on the high seas, against the authority of the captain or master. e. Assaults on board a ship on the high seas, with intent to do grievous bodily harm. 14. Crimes and offences against the laws of both countries for the suppression of slavery and slave-trading. 15. Receiving money, valuable securities or other property know- ing the same to have been unlawfully obtained, when such act is made criminal by the laws of both countries and the amount of money or the value of the property so received is not less than two hundred dollars or one thousand francs. 35 Extradition shall also be granted for participation or complicity in or attempt to commit any of the crimes or offences above men- tioned when such participation, complicity, or attempt is punishable by the laws of the two countries. Article III. Requisitions for the surrender of fugitives from justice shall be made by the diplomatic agents of the contracting Parties, or, in the absence of these from the country or its seat of government, they may be made by the consular officers. If the person whose extradition is requested shall have been con- victed of a crime or offence, a duly authenticated copy of the sentence of the court in which he w^as convicted, or, if the fugitive is merely charged with a crime or offence, a duly authenticated copy of the warrant of arrest in the country where the crime or ofi'ence has been committed and of the depositions or other evidence upon which such warrant was issued, shall be produced. The extradition of fugitives under the provisions of this treaty shall be carried out in the United States and in France, respectively, in conformity with the laws regulating extradition for the time being in force in the State on which the demand for surrender is made. Article IV. The arrest and detention of a fugitive may be applied for on in- formation, even by telegraph, of the existence of a judgment of con- viction or of a warrant of arrest. In France, the application for arrest and detention shall be ad- dressed to the Minister of Foreign Afl'airs who wall transmit it to the proper department. In the United States, the application for arrest and detention shall be addressed to the Secretary of State, who shall deliver a war- rant certifying that the application is regularly made and requesting the competent authorities to take action thereon in conformity to statute. In both countries, in case of urgency, the application for arrest and detention may be addressed directly to the competent magistrate in conformity to the statutes in force. In both countries, the person provisionally arrested shall be re- leased, unless within forty days from the date of arrest in France, or fi-om the date of commitment in the United States, the formal requisition for surrender with the documentary proofs herein before prescribed be made as aforesaid by the diplomatic agent of the de- manding government or, in his absence, by a consular officer thereof. Article V. Neither of the contracting Parties shall be bound to deliver up its own citizens or subjects under the stipulations of this convention. Article VI. A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded be of a political character, or if he proves that the requisition for his surrender has, in fact, been 36 made with a view to try or punish him for an offence of a political character. If any question shall arise as to whether a case comes within the provisions of this article, the decision of the authorities of the Gov- ernment on which the demand for surrender is made shall be final. Article VII. No person surrendered by either of the High contracting Parties to the other shall be triable or tried or be punished for any crime or otfence conmiitted prior to his extradition, other than the offence for which he was delivered up, nor shall such person be arrested or de- tained on civil process for a cause accrued before extradition, unless he has been at liberty for one month after having been tried, to leave the country, or. in case of conviction, for one month after having suffered his punishment or having been pardoned. Article VIII. Extradition shall not be granted, in pursuance of the provisions of this convention, if the person claimed has been tried for the same act in the country to which the requisition is addressed, or if legal proceedings or the enforcement of the penalty for the act committed by the person claimed have become barred by limitation, according to the laws of the country to which the requisition is addressed. Article IX. If the person whose extradition may be claimed, pursuant to the stipulations hereof, be actually under prosecution for a crime or offence in the country where he has sought asylum, or shall have been convicted thereof, his extradition may be deferred until such proceedings be terminated, and until such criminal shall be set at liberty in due course of law. Article X. If the individual claimed by one of the High contracting Parties, in pursuance of the present treaty, shall also be claimed by one or several other Powers on account of crimes or offences committed within their respective jurisdictions, his extradition shall be granted to the State whose demand is first received ; Provided, That the Gov- ernment from which extradition is asked is not bound by treaty, in case of concurrent demands, to give preference to the one earliest in date, in which event that shall be the rule; And Provided That no other arrangement is made between the demanding Governments according to which preference may be given either on account of the gravity of the crime committed or for any other reason. Article XI. All articles seized which were in the possession of the person to be surrendered at the time of his apprehension, whether being the proceeds of the crime or offence chaiged, or being material as evi- dence in making proof of the crime or offence, shall, so far as prac- 37 Hcable, and if the competent authority of the State applied to orders the delivery thereof, be given np when the extradition takes place. Nevertheless, the rights of third parties with regard to the articles aforesaid shall be duly respected. Article XII. The expenses incurred in the arrest, detention, examination and delivery of fugitives under this treaty shall be borne by the State in whose name the extradition is sought; Provided, That the demand- ing Government shall not be compelled to bear any expense for the services of such public officers or functionaries of the Government from which extradition is sought as receive a fixed salary; And Pro- vided, That the charge for the services of such public officers or func- tionaries as receive only fees or perquisites shall not exceed their customary fees for the acts or services performed by them had such acts or services been performed in ordinary criminal proceedings under the laws of the country of which they are officers or function- aries. Article XIII. In the colonies and other possessions of the two High contracting Parties, the manner of proceeding may be as follows : The requisition for the surrender of a fugitive criminal who has taken refuge in a colony or foreigTi possession of either Party may be made to the Governor or chief authority of such colony or possession by the chief consular officer of the other in such colony or possession ; or if the fugitive has escaped from a colony or foreign possession of the Party on whose behalf the requisition is made, by the Governor or chief authority of such colony or possession. Such requisitions may be disposed of, subject always, as nearly as may be, to the provisions of this treaty, by the respective Governors or chief authorities, who, however, shall be at liberty either to grant the surrender or refer the matter to their Government. Article XIV. The present treatj^ shall take effect on the thirtieth day after the date of the exchange of Ratifications, and shall not operate retro- actively. On the day on which it takes effect, the conventions of November 9, 1843, February 24, 1845, and February 10, 1858 shall cease to be in force except as to crimes therein enumerated and committed prior to that date. The ratifications of this treaty shall be exchanged at Paris as soon as possible, and it shall remain in force for a period of six months after either of the two Governments shall have given notice of a purpose to terminate it. In witness whereof, the respective Plenipotentiaries have signed the above articles both in English and the French languages and have hereunto affixed their seals. Done in duplicate at Paris, on the 6th January 1909, [seal] Henry White [seal] S. PlCHON FRAKCE. 1909. Agreement Extending the Dur^^tion of the Arbitration Conven- tion OF P'ebruary 10, 1908," Signed at Washington February 13, 1913; ratification advised by the Senate February 19, 1913; ratified by the President February 25, 1913; ratified by France February £8, 1913; ratifications ex- changed at Washington March 14, 1913; proclaimed March 15, 1913. Abticles. I. Extension of arbitration convention of February 10, 1908. II. Ratification. The Government of the United States of America and the Govern- ment of the French Republic, being desirous of extending the period of five years during which the Arbitration Convention conchided between them on February 10, 1908, is to remain in force, which period is about to expire, have authorized the undersigned, to wit: Philander C. Knox, Secretary of State of the United States, and J. J. Jusserand, Ambassador of the French Republic to the United States, to conclude the following arrangement : Article I. The Convention of Arbitration of February 10, 1908, between the Government of the United States of America and the Government of the French Republic, the duration of which by Article III thereof was fixed at a period of five years from the date of ratification, which period will terminate on February 27, 1913, is hereby extended and continued in force for a further period of five years from Feb- ruary 27, 1913. Article II. The present Agreement shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the President of the French Republic, in accordance with the constitutional laws of Fi'-ance, and it shall become effective upon the date of the exchange of ratifications, which shall take place at Washington as soon as possible. Done in duplicate, in the English and French lan^ages, at Wash- in^on this 13th day of February, one thousand nine hundred and thirteen. Philander C. Knox [seal] Jusserand [se.\l] "Vol. 1, p. 549. (38) GREAT BRITAIN. 1909. Convention Concerning the Boundary Waters Between the United States and Canada." Signed at Washington Januari/ 11, 1909; ratification advised hy the Senate March 3, 1909; ratified hy the President April i, 1910; ratified hy Great Britain March 31, 1910; ratifications exchanged at Washington May 5, 1910; proclaimed May 13, 1910. Abticles. I. II. III. IV. VI. Right of navigation. Jurisdiction and control. Natural level or flow of boundary waters. Construction or maintenance of obstructions. Diversion of waters of Niagara River. Division of waters of St. Mary and Milk Rivers. VII. International Joint Commission. VIII. Jurisdiction of commission. IX. Reference of differences. X. Consent for reference. XI. Meeting and organization, XII. Special agreements. XIII. Duration, ratification. The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, being eqiiall}^ desirous to prevent disputes regarding the use of boundary waters and to settle all questions which are now pending between the United States and the Dominion of Canada involving the rights, obligations, or interests of either in relation to the other or to the inhabitants of the other, along their common frontier, and to make provision for the adjustment and settlement of all such questions as may hereafter arise, have resolved to conclude a treaty in furtherance of these ends, and for that purpose have appointed as their respective plenipotentiaries: The President of the United States of America, Elihu Root, Secre- taiy of State of the United States; and His Britannic Majesty, the Eight Honorable James Bryce, O. M., his Ambassador Extraordinary and Plenipotentiary at Washington; Who, after having communicated to one another their full powers, found in good and due form, have agreed upon the following articles: Preliminary Article. For the purposes of this treaty boundary waters are defined as the waters from main shore to main shore of the lakes and rivers and connecting waterways, or the portions thereof, along which the inter- « International Transit Co. v. City of Sault Ste. Marie et al. (194 Fed. Rep., 522.) (39) 40 national boundary between the United States and the Dominion of Canada passes, including all bays, arms, and inlets thereof, but not including tributary waters which in their natural channels would flow into such lakes, rivers, and waterways, or waters flowing from such lakes, rivers, and waterways, or the water's of rivers flowing across the boundary. Article I. The High Contracting Parties agree that the navigation of all navigable boundary waters shall forever continue free and open for the purpose.^ of commerce to the inhabitants and to the ships, vessels, and boats of both countries equally, subject, however, to any laws and regulations of either country, within its own territory, not incon- sistent with such privilege of free navigation and applying equally and without discrimination to the inhabitants, ships, vessels, and boats of both countries. It is further agreed that so long as this treaty shall remain in force, this same right of navigation shall extend to the waters of Lake Michigan and to all canals connecting boundary waters, and now existing or which may hereafter be constructed on either side of the line. Either of the High Contracting Parties may adopt rules and regulations governing the use of such canals within its own terri- tory and may charge tolls for the use thereof, but all such rules and regulations and all tolls charged shall apply alike to the subjects or citizens of the High Contracting Parties and the ships, vessels, and boats of both of the High Contracting Parties, and they shall be placed on terms of equality in the use thereof. Article II. Each of the High Contracting Parties reserves to itself or to the several State Governments on the one side and the Dominion or Provincial Governments on the other as the case may be, subject to any treaty provisions now existing with respect thereto, the exclusive jurisdiction and control over the use and diversion, whether tempo- rary or permanent, of all waters on its own side of the line which in their natural channels would flow across the boundary or into bound- ary waters; but it is agreed that any interference with or diversion from their natural channel of such waters on either side of the boundary, resulting in any injury on the other side of the boundary, shall give rise to the same rights and entitle the injured parties to the same legal remedies as if such injurv' took place in the country where such diversion or interference occurs; but this provision shall not apply to cases alreadv existing or to cases expressly covered by special agreement between tlhe parties hereto. It is understood, however, that neither of the High Contracting Parties intends by the foregoing provision to surrender any right, which it may have, to object to any interference with or diversions of waters on the other side of the boundary the effect of which would be productive of material injury to the navigation interests on its own side of the boundary. Article III. ^ It is agreed that, in addition to the uses, obstructions, and diver- sions heretofore permitted or hereafter provided for by special agree- 41 ment between the Parties hereto, no further or other uses or obstruc- tions or diversions, whether temporary or permanent, of boundary waters on either side of the line, affecting the natural level or flow of boundary waters on the other side of the line, shall be made except by authority of the United States or the Dominion of Canada within their respective jurisdictions and with the approval, as hereinafter provided, of a joint commission, to be known as the International Joint Commission. The foregoing provisions are not intended to limit or interfere with the existing rights of the Government of the United States on the one side and the Government of the Dominion of Canada on the other, to undertake and carry on governmental works in boundary waters for the deepening of channels, the construction of breakwaters, the improvement of harbors, and other governmental works for the benefit of commerce and navigation, provided that such works are wholly on its own side of the line and do not materially affect the level or flow of the boundary waters on the other, nor are such pro- visions intended to interfere with the ordinary use of such waters for domestic and sanitary purposes. Aeticle rv. The High Contracting Parties agree that, except in cases provided for by special agreement between them, they will not permit the con- struction or maintenance on their respective sides of the boundary of any remedial or protective works or any dams or other obstructions in waters flowing from boundary waters or in waters at a lower level than the boundary in rivers flowing across the boundary, the effect of which is to raise the natural level of waters on the other side of the boundary unless the construction or maintenance thereof is approved by the aforesaid International Joint Commission. It is further agreed that the waters herein defined as boundary waters and waters flowing across the boundary shall not be polluted on either side to the injury of health or propert}'^ on the other. Article V. The High Contracting Parties agree that it is expedient to limit the diversion of waters from the Niagara River so that the level of Lake Erie and the flow of the stream shall not be appreciably affected. It is the desire of both Parties to accomplish this object with the least possible injury to investments which have already been made in the construction of power plants on the United States side of the river under grants of authority from the State of New York, and on the Canadian side of the river under licensco authorized by the Dominion of Canada and the Province of Ontario. So long as this treaty shall remain in force, no diversion of the waters of the Niagara River above the Falls from the natural course and stream thereof shall be pennitted except for the purposes and to the extent hereinafter provided. The United States may authorize and permit the diversion within the State of New York of the waters of said river above the Falls of Niagara, for power purposes, not exceeding in the aggregate a daily diversion at the rate of twenty thousand cubic feet^ of water per second. 42 The United Kingdom, by the Dominion of Canada, or the Prov- ince of Ontario, may authorize and permit the diversion within the Province of Ontario of the waters of said river above the Falls of Niagara, for power purposes, not exceeding in the aggregate a daily diversion at the rate of thirty-six thousand cubic feet of water per second. The prohibitions of this article shall not apply to the diversion of water for sanitary or domestic purposes, or for the service of canals for the purposes of navigation. Article VT. The High Contracting Parties agree that the St. Mary and Milk Rivers and their tributaries (in the State of Montana and the Provinces of Alberta and Saskatchewan) are to be treated as one stream for the purposes of irrigation and power, and the waters thereof sliall be apportioned equally between the two countries, but in making such equal apportionment more than half may be taken from one river and less than half from the other by either country so as to afford a more beneficial use to each. It is further agreed that in the division of such waters during the irrigation season, between the 1st of April and 31st of October, inclusive, annually, the United States is entitled to a prior appropriation of 500 cubic feet per second of the waters of the Milk River, or so much of such amount as con- stitutes three-fourths of its natural flow, and that Canada is entitled to a prior appropriation of 500 cubic feet per second of the flow of St. ]Mary River, or so much of such amount as constitutes three- fourths of its natural flow. The channel of the Milk River in Canada may be used at the con- venience of the United States for the conveyance, while passing through Canadian territory, of waters diverted from the St. Mary River. The provisions of Article II of this treaty shall apply to any injury resulting to property in Canada from the conveyance of such waters through the Milk River. The measurement and apportionment of the water to be used by each country shall from time to time be made jointly by the properly constituted reclamation officers of the United States and the properly constituted irrigation officers of His Majesty under the direction of the International Joint Commission. Article VII. The High Contracting Parties agree to establish and maintain an International Joint Commission of the United States and Canada composed of six commissioners, three on the part of the United States appointed by the President thereof, and three on the part of the United Kingdom appointed by His Majesty on the recommendation of the Governor in Council of the Dominion of Canada. Article VIII. This International Joint Commission shall have jurisdiction over and shall pass upon all cases involving the use or obstruction or diversion of the waters with respect to wliich under Articles III and 43 lY of this treaty the approval of this Commission is required, and in passing upon such cases the Commission shall be governed by the following rules or principles which are adopted by the High Con- tracting Parties for this purpose : The High Contracting Parties shall have, each on its own side of the boundary, equal and similar rights in the use of the waters herein- before defined as boundary waters. The following order of precedence shall be observed among the various uses enumerated hereinafter for these waters, and no use shall be permitted which tends materially to conflict with or restrain any other use which is given preference over it in this order of prec- edence : (1) Uses for domestic and sanitary purposes; (2) Uses for navigation, including the service of canals for the purposes of navigation ; (3) Uses for power and for irrigation purposes. The foregoing provisions shall not apply to or disturb any existing uses of boundary waters on either side of the boundary. The requirement for an equal division may in the discretion of the Commission be suspended in cases of temporary diversions along boundary waters at points where such equal division can not be made advantageously on account of local conditions, and where such diver- sion does not diminish elsewhere the amount available for use on the other side. The Commission in its discretion may make its approval in any case conditional upon the construction of remedial or protective works to compensate so far as possible for the particular use or diversion proposed, and in such cases may require that suitable and adequate provision, approved by the Commission, be made for the protection and indemnity against injury of any interests on either side of the boundary. In cases involving the elevation of the natural level of waters on either side of the line as a result of the construction or maintenance on the other side of remedial or protective works or dams or other ob- structions in boundary waters or in waters flowing therefrom or in waters below the boundary in rivers flowing across the boundary, the Comr ission shall require, as a condition of its approval thereof, that suitable and adequate provision, approved by it, be made for the protection and indemnity of all interests on the other side of the line which may be injured thereby. The majority of the Commissioners shall have power to render a decision. In case the Commission is evenly divided upon any ques- tion or matter presented to it for decision, separate reports shall be made by the Commissioners on each side to their own Government. The High Contracting Parties shall thereupon endeavor to agree upon an adjustment of the question or matter of difference, and if an a.^rreement is reached between them, it shall be reduced to writing in the form of a protocol, and shall be communicated to the Commis- sioners, who shall take such further proceedings as may be necessary to carry out such agreement. Article IX. The High Contracting Parties further agree that any other ques- tions or matters of dinerence arising between them involving the 44 rights, obligations, or interests of either in relation to the other or to the inhabitants of the other along the common frontier between the United States and the Dominion of Canada, shall be referred from time to time to the International Joint Commission for examination and report, whenever either the Government of the United States or the Government of the Dominion of Canada shall request that such questions or matters of diflference be so referred. The International Joint Commission is authorized in each case so referred to examine into and report upon the facts and circumstances of tlje particular questions and matters referred, together with such conclusions and recommendations as may be appropriate, subject, however, to any restrictions or exceptions which may be imposed with respect thereto by the terms of the reference. Such reports of the Commission shall not be regarded as decisions of the questions or matters so submitted either on the facts or the law, and shall in no way have the character of an arbitral award. The Commission shall make a joint report to both Governments in all cases in which all or a majority of the Commissioners agree, and in case of disagreement the minority may make a joint report to both Governments, or separate reports to their respective Governments. In case the Commission is evenly divided upon any question or matter referred to it for report, separate reports shall be made by the Commissioners on each side to their own Government. Ajrticle X. Any questions or matters of difference arising between the High Contracting Parties involving the rights, obligations, or interests of the United States or of the Dominion of Canada either in relation to each other or to their respective inhabitants, may be referred for decision to the International Joint Commission by the consent of the two Parties, it being understood that on the part of the United States any such action will be by and with the advice and consent of the Senate, and on the part of His Majesty's Government with the con- sent of the Governor General in Council. In each case so referred, the said Commission is authorized to examine into and report upon the facts and circumstances of the particular questions and matters referred, together with such conclusions and recommendations as may be appropriate, subject, however, to any restrictions or excep- tions which may be imposed with respect thereto by the terms of the reference. A majority of the said Commission shall have power to render a decision or finding upon any of the questions or matters so referred. If the said Commission is equally divided or otherwise unable to render a decision or finding as to any questions or matters so referred, it shall be the duty of the Commissioners to make a joint report to Vjoth Governments, or separate reports to their respective (xovern- ments, showing the different conclusions arrived at with regard to the matters or qu&stions so referred, which questions or matters shall thereupon be referred for decision by the High Contracting parties to an umpire chosen in accordance with tlie procedure prescribed in the fourth, fifth, and sixth paragraphs of Article XLV of The Hague Convention for the pacific settlement of international disputes, dated October 18, 1907. Such umpire shall have power to render a final 45 decision with respect to those matters and questions so referred on which the Commission failed to agree. Article XI. A duplicate original of all decisions rendered and joint reports made by the Commission shall be transmitted to and filed with the Secretary of State of the United States and the Governor General of the Dominion of Canada, and to them shall be addressed all com- munications of the Commission. Article XII. The International Joint Commission shall meet and organize at Washington promptly after the members thereof are appointed, and when organized the Commission may fix such times and places for its meetings as may be necessary, subject at all times to special call or direction by the two Governments. Each Commissioner, upon the first joint meeting of the Commission after his appointment, shall, before proceeding with the work of the Commission, make and sub- scribe a solemn declaration in writing that he will faithfully and impartially perform the duties imposed upon him under this treaty, and such declaration shall be entered on the records of the proceed- ings of the Commission. The United States and Canadian sections of the Commission may each appoint a secretary, and these shall act as joint secretaries of the Commission at its joint sessions, and the Commission may em- ploy engineers and clerical assistants from time to time as it may deem advisable. The salaries and personal expenses of the Commis- sion and of the secretaries shall be paid by their respective Govern- ments, and all reasonable and necessary joint expenses of the Com- mission, incurred by it, shall be paid in equal moieties by the High Contracting Parties. The Commission shall have power to administer oaths to witnesses, and to take evidence on oath whenever deemed necessary in any pro- ceeding, or inquiry, or matter within its jurisdiction under this treaty, and all parties interested therein shall be given convenient oppor- tunity to be heard, and the High Contracting Parties agree to adopt such legislation as may be appropriate and necessary to give the Com- mission the powers above mentioned on each side of the boundary, and to provide for the issue of subpoenas and for compelling the at- tendance of witnesses in proceedings before the Commission. The Commission may adopt such rules of procedure as shall be in accord- ance with justice and equity, and may make such examination in person and through agents or employees as may be deemed advisable. Article XIII. In all cases where special agreements between the High Contract- ing Parties hereto are referred to in the foregoing articles, such agree- ments are understood and intended to include not only direct agree- ments between the High Contracting Parties, but also any mutual arrangement between the United States and the Dominion of Canada expressed by concurrent or reciprocal legislation on the part of Con- gress and the Parliament of the Dominion. 46 Article XIV". The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty. The ratifications shall be ex- changed at Washington as soon as possible and the treaty shall take effect on the date of the exchange of iis ratifications. It shall remain in force for five vears, datins: from the dav of exchange of ratifica- tions, and thereafter until terminated by twelve months' written notice given by either High Contracting Party to the other. In faith whereof the respective plenipotentiaries have signed this treaty in duplicate and have hereunto affixed their seals. Done at Washington the 11th day of January, in the year of our Lord one thousand nine hundred and nine. (Signed) Elihu Root [seal] (Signed) James Bryce [seal] And whereas the Senate of the United States by their resolution of March 3, 1909, (two-thirds of the Senators present concurring therein) did advise and consent to the ratification of the said Treaty with the following understanding, to wit : '•Resolved further, as a part of this ratification. That the United States approves this treaty with the understanding that nothing in this treaty shall be construed as affecting, or changing, any existing territorial or ripariaij rights in the water, or rights of the owners of lands under water, on either side of the international boundary at the rapids of the St. Mary's river at Sault Ste. Marie, in the use of the waters flowing over such lands, subject to the requirements of navigation in boundary waters and of navigation canals, and without prejudice to the existing right of the United States and Canada, each to use the waters of the St. Mary's river, within it-s own territory', and further, that nothing in this treaty shall be construed to interfere with the drainage of wet swamp and overflowed lands into streams flowing into boundary waters, and that this interpretation will be mentioned in the ratification of this treaty "as conveying the true meaning of the treaty, and will, in effect, form part of the treaty;" And whereas the said understanding has been accepted by the Government of Great Britain, and the ratifications of the two Gov- ernments of the said treaty were exchanged in the City of Washing- ton, on the 5th day of May, one thousand nine hundred and ten; Now, therefore, be it known that I, AVilliam Howard Taft, President of the United States of iVmerica, have caused the said treaty and the said underetanding, as forming a part thereof, to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Dc ne at the City of Washington this thirteenth day of May in the year of our Lord one thousand nine hundred and ten, [seal] and of the Independence of the United States of America the one hundred and thirty-fourth. Wm H Taft By the President: P C Kxox Secretary of State, 47 Protocol of Exchange On proceeding to the exchange of the ratifications of the treaty signed at Washington on January 11, 1909, between the United States and Great Britain, rohiting to boundary waters and questions arising along the boundary between the United States and the Dominion of Canada, the undersigned plenipotentiaries, duly authorized thereto by their respective Governments, hereby declare that nothing in thia treaty shall be construed as affecting, or changing, any existing ter- ritorial, or riparian rights in the water, or rights of the owners of lands under water, on either side of the international boundary at the rapids of the St. Mary's River at Sault Ste. Marie, in the use of the waters flowing over such lands, subject to the requirements of naviga- tion in boundary waters and of navigation canals, and without prej- udice to the existing right of the United States and Canada, each to use the waters of the St. Mary's River, within its own territory; and further, that nothing in this treaty shall be construed to interfere with the drainage of wet, swamp, and overflowed lands into streams flowing into boundary waters, and also that this declaration shall be deemed to have equal force and effect as the treaty itself and to form an integral part thereto. The exchange of ratifications then took place in the usual form. In witness whereof, they have signed the present Protocol of Ex- change and have afRxed their seals thereto. Done at Washington this 5th day of May, one thousand nine hun- dred and ten. Philander C Knox [seal] James Bryce [seal] 1910. Treaty Concerning the Boundary Line in Passamaquoddy Bay. Signed at Washington May 21^ 1910; ratification advised hy the Senate June 6, 1910; ratified hy the President July 13^ 1910 ; rati- fied hy Great Britain June 23^ 1910; ratifications exchanged at Washington August 20, 1910; 'proclaimed Septemher 3, 1910. Aeticles. I. Boundary through Passamaquoddy Bay. II. Marking of boundary. III. Right to improve and extend channel. IV. Ratification. The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, being equally desirous of fixing and defining the location of the international boundary line between the United States and the Dominion of Canada in Passama- quoddy Bay and to the middle of Grand Manan Channel, and of removing all causes of dispute in connection therewith, have for 48 that purpose resolved to conclude a Treaty, and to that end have appointed as their Plenipotentiaries: The President of the United States of America, Philander C. Knox, Secretary of State of the United States; and His Britannic Majesty, the Right Honorable James Brrce, O. M., his Ambassador Extraordinary and Plenipotentiary at Washington; Who, after having communicated to each other their respective full powers, which were found to be in due and proper form, have agi-eed to and concluded the following articles: Article I. Whereas, by Article I of the Treaty of April 11, 1908, betvp-een the United States and Great Britain, it was agreed that Commis- sioners should be appointed for the purpose of more accurately defining and marking the international boundary line between the United States and the Dominion of Canada in the waters of Passa- maquoddy Bay from the mouth of the St. Croix River to the Bay of Fund}', the description of the location of certain portions of such line being set forth in the aforesaid Article, and it w^as agreed with respect to the remaining portion of the line that " each of the High Contracting Parties shall present to the other within six months after the ratification of this Treaty a full printed statement of the evidence, with certified copies of original documents referred to therein which are in its possession, and the arguments upon which it bases its contentions, with a view to arriving at an adjustment of the location of this portion of the line in accordance with the true intent and meaning of the provisions relating thereto of the treaties of 1783 and 1814 between the United States and Great Britain, and the award of the Commissioners appointed in that behalf under the Treaty of 1814 ; it being understood that any action by either or both Governments or their representatives authorized in that behalf or by the local governments on either side of the line, whether prior or subsequent to such treaties and award, tending to aid in the interpre- tation thereof, shall be taken into consideration in determining their true intent and meaning;" And it was further agreed that if such agreement was reached between the Parties the Commissioners aforesaid should lay down and mark this portion of the boundary in accordance therewith and as provided in the said Article, but it was provided that in the event of a failure to agree within a set period, the location of such portion of the line should be determined by reference to arbitration ; And whereas, the time for reaching an agreement under the pro- visions of the aforasaid Article expired before such agreement was reached but the High Contracting Parties are nevertheless desirous of arriving at an adjustment of the location of this portion of the line by agreement without resort to arbitration, and have already, pursuant to the provisions above quoted of Article I of the Treaty aforesaid, presented each to the other a full printed statement of the evidence and of the arguments upon which the contentions of each are based, with a view to arriving at an adjustment of the location of the portion of the line referred to in accordance with the true intent and meaning of the provisions relating thereto in the Treaties 49 of 1783 and 1814 between the United States and Great Britain and the award of the Commissioners appointed in that behalf under the Treaty of 1814; Now, therefore, upon the evidence and arguments so presented, and after taking into consideration all actions of the respective Gov- ernments and of their representatives authorized in that behalf and of the local governments on either side of the line, whether prior or subsequent to such treaties and award, tending to aid in the interpre- tation thereof, the High Contracting Parties hereby agree that the location of the international boundary line between the United States and the Dominion of Canada from a point in Passamaquoddy Bay accurately defined in the Treaty between the United States and Great Britain of April 11, 1908, as lying between Treat Island and Friar Head, and extending thence through Passamaquoddy Bay and to the middle of Grand Manan Channel, shall run in a series of seven con- nected straight lines for the distances and in the directions as follows: Beginning at the aforesaid point lying between Treat Island and Friar Head, thence (1) South 8° 29' 57'' West true, for a distance of 1152.6 meters; thence ;2) South 8° 29' 34" East, 759.7 meters; thence 3) South 23° 56' 25" East, 1156.4 meters; thence ;4) South 0° 23' 14" West, 1040.0 meters; thence (5) South 28° 04' 26" East, 1607.2 meters; thence (6) South 81° 48' 45" East, 2616.8 meters to a point on the line which runs approximately North 40° East true, and which joins Sail Rock, off West Quoddy Head Light, and the southernmost rock lying off the southeastern point of the southern extremity of Campobello Island ; thence (7) South 47° East 5100 meters to the middle of Grand Manan Channel. The description of the last two portions of the line thus defined, viz, those numbered (6) and (7), is intended to replace the descrip- tion of the lowest portion of the line, viz, that numbered (2), as defined in Article I of the Treaty of April 11, 1908. Article II. The location of the boundary line as defined in the foregoing Article shall be laid down and marked by the Commissioners under Article I of the aforesaid Treaty of April 11, 1908, in accordance with the provisions of such Article, and the line so defined and laid down shall be taken and deemed to be the international boundary extending between the points therein mentioned in Grand Manan Channel and Passamaquoddy Bay. Article III. It is further agreed by the High Contracting Parties that on either side of the hereinabove described line southward from the point of its intersection with a line drawn true north from Lubec Channel liight, as at present established, either Party shall have the right, upon two months' notice to the other, to improve and extend the channel to such depth as may by it be deemed desirable or necessary, 76844°— S. Doc. 1063, 62-3 4 50 and to a width not exceeding one hundred and fifteen (115) meters on each side of the boundary line, and from such point of intersection northerly through Lubec Narrows to the turning point in the bound- ary lying between Treat Island and Friar Head, either Party shall have the right, upon two months' notice to the other, to improve and deepen the present channel to a width not exceeding sixty-five (65) meters on each side of the boundar}^ line and to such depth as may by it be deemed desirable or necessary ; it being understood, however, that each Party shall also have the right to further widen and deepen the channel anywhere on its own side of the boundary. Akticl^ IV. This Treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty; and the ratifications shall be exchanged in AVashington as soon as practicable. In faith whereof, the respective Plenipotentiaries have signed this Treaty in duplicate and have hereunto affixed their seals. Done at Washington the 21st day of May, in the year of our Lord one thousand nine hundred and ten. P C Knox [seal] James Bryce [seal] 1910. Ir^cuNiARY Claims — Agreement. Signed at Washinr/ton August 1^8^ 1910; ratification advised hy the Senate July 19^ 1911; confirmed hy exchange of notes April 26^ 1912. Abticles. of tri- I. Claims to be submitted. VII. Obligations of members II. Limitations. bunal. III. Arbitral tribunal. VIII. Payment of claims. IV. Proceeding. IX. Expenses. V. Procedure. X. Ratification. VI. Time and place of meetings. Whereas the United States and Great Britain are signatories of the convention of the 18th October, 1907, for the pacific settlement of international disputes, and are desirous that certain pecuniary claims outstanding between them should be referred to arbitration, as recommended by article 38 of that convention : Now, therefore, it is agreed that such claims as are contained in the schedules drawn up as hereinafter provided shall be referred to arbitration under Chapter IV of the said convention, and subject to the following provisions: Article 1. Either party may, at any time within four months from the date of the confirmation of this agreement, present to the other party any claims which it desires to submit to arbitration. The claims so presented shall, if agreed upon by both parties, unless reserved as hereinafter provided, be submitted to arbitration in 51 accordance with the provisions of this agreement. They shall be grouped in one or more schedules which, on the part of the United States, shall be agreed on by and with the advice and consent of the Senate, His Majesty's Government reserving the right before agreeing to the inclusion of any claim affecting the interests of a self-governing dominion of the British Empire to obtain the con- currence thereto of the Government of that dominion. Either party shall have the right to reserve for further examination any claims so presented for inclusion in the schedules; and any claims so reserved shall not be prejudiced or barred by reason of anything contained in this agreement. ARTICI.E 2. All claims outstanding between the two Governments at the date of the signature of this agreement and originating in circumstances or transactions anterior to that date, whether sub- mitted to arbitration or not, shall thereafter be considered as finally barred unless reserved by either party for further examination as provided in article 1. Article 3. The Arbitral Tribunal shall be constituted in accord- ance with article 87 (Chapter IV) and with article 59 (Chapter III) of the said convention, which are as follows : Article 87. Each of the parties in dispute appoints an arbitrator. The two arbitrators thus selected choose an umpire. If they do not agree on this point, each of them proposes two candidates taken from the general list of the mem- bers of the Permanent Court, exclusive of the members appointed by either of the parties and not being nationals of either of them; which of the candi- dates thus proposed shall be the umpire is determined by lot. The umpire presides over the tribunal, which gives its decisions by a majority of votes. Article 59. Should one of the arbitrators either die, retire, or be unable for any reason whatever to discharge his functions, the same procedure is followed for filling the vacancy as was followed for appointing him. Article 4. The proceedings shall be regulated by so much of Chapter IV of the convention and of Chapter III, excepting articles 53 and 54, as the tribimal may consider to be applicable and to be consistent with the provisions of this agreement. Article 5. The tribunal is entitled, as provided in article 74 (Chapter III) of the convention, to issue rules of procedure for the conduct of business, to decide the forms, order, and time in which each party must conclude its arguments, and to arrange all formali- ties required for dealing with the evidence. The agents and counsel of the parties are authorized, as provided in article 70 (Chapter III), to present orally and in writing to the tribunal all the arguments they may consider expedient in support or in defense of each claim. The tribunal shall keep record of the claims submitted, and the proceedings thereon, with the dates of such proceedings. Each Government may appoint a secretary. These secretaries shall act together as joint secretaries of the tribunal and shall be subject to its direction. The tribunal may appoint and employ any other necessary officer or officers to assist it in the performance of its duties. The tribunal shall decide all claims submitted upon such evidence or information as may be furnished by either Government. The tribunal is authorized to administer oaths to witnesses and to take evidence on oath. The proceedings shall be in English. 52 Article 6. The tribunal shall meet at Washington at a date to be hereafter fixed by the two Governments, and may fix the time and place of subsequent meetings as may be convenient, subject always to special direction of the two Governments. Article 7. Each member of the tribunal, up>on assuming the func- tion of his office, sliall make and subscribe a solemn declaration in writing that he will carefully examine and impartially decide, in accordance with treaty rights and with the principles of international law and of equit}', all claims presented for decision, and such declara- tion shall be entered upon the record of the proceedings of the tribunal. Article 8. AU sums of money which may be awarded bv the tribunal on account of any claim shall be paid by the one Government to the other, as the case may be, within eighteen months after the date of the final award, without interest and without deduction, save as specified in the next article. Ajiticle 9. Each Government shall bear its own expenses. The expenses of the tribunal shall be defrayed by a ratable deduction on the amount of the sums awarded by it, at a rate of 5 per cent, on such sums, or at such lower rate as may be agreed upon between the two Governments; the deficiency, if any, shall be defrayed in equal moieties by the two Governments. Articu: 10. The present agreement, and also any schedules agreed thereunder, shall be binding only when confirmed by the two Gov- ernments by an exchange of notes. In witness whereof this agreement has been signed and sealed by the Secretary of State of the United States, Philander C. Ivnox, on behalf of the United States, and by His Britannic Majesty's Ambas- sador at Washington, The Right Honorable James Bryce, O. M., on behalf of Great Britain. Done in duplicate at the City of Washington, this 18th day of August, one thousand nine hundred and ten. [seal.] Philander C Knox [seal.] James Brycb SCHEDULE OF CLAIMS. FIRST SCHEDULE OF CLAIMS TO BE SUBMITTED TO ARBITRATION IN ACCORD- ANCE WITH THE PROVISIONS OF THE SPECIAL AGRFJ:MENT FOR THE SUBMISSION TO ARBITRATION OF PECUNIARY CLAIMS OUTSTANDING BETWEEN THE UNITED STATES AND GREAT BRITAIN, SIGNED ON THE 18TH DAY OF AUGUST, 1910, AND THE TERMS OF SUCH SUBMISSION. Class I. — Claims based on alleged denial in whole or in part of real property rights. AMERICAN. BRITISH. Webster, Studer, R. E. Brown, Samuel Cayuga Indians, Rio Grande. Clark. Fijian Land Claims. Burt, Henry, Brower, Williama 53 Class IT. — Claims based on the acts of the authorities of either Grov- emment in regard to the vessels of the nationals of the other Government, or for the alleged wrongful collection or receipt of customs duties or other charges by the authorities of either Gov- ernment. AMERICAN. Fishiriff Claims. Group I. Against Newfoundland : Cunningham & Thompson (18 ves- sels) — Masconomo, Arbutus, Anglo- Saxon, Quickstep, Nourmahal, Puri- tan, Talisman, Norma, Norumbega, Aloha, Ingomar, Jennie B. Hodgdon, Arkona, Afethusa, Independence II, S. P. Willard, Corona, Saladin. Davis Bros. (10 vessels) — Oregon, Margaret, Theo. Roosevelt, L. M. Stanwood, Georgie Campbell, Blanche, Veda McKown, E. A. Per- kins, Kearsarge, Lena & Maud. Wm. H. Parsons (12 vessels) — Corsair, Grace L. Fears, Argo, Lizzie Griffin, Independence, Independence II, Dreadnought, Robin Hood, Helen G. Wells, Colonial, Alice M. Parsons, Mildred V. Lee. Gorton-Pew Co. (37 vessels) — A. M. Parker, Priscilla Smith, Senator Gardner, Corsair, Vigilant, Harry A. Nickerson, Gossip, Flirt, Ella G. King, Helen G. Wells, Ramona, Mas- sachusetts, Ellen C. Burke. J. J. Flaherty, Geo. R. Alston, Maxine El- liott, Vera, Orinoco, Miranda, Ma- donna, Atlanta, Gov. Russell, Mys- tery, Jas. A. Garfield. L. I. LoweU, Dora A. Lawson, Tattler, Alice R. Lawson, Olga, J. R. Bradley, Fannie Smith, Rob Roy, Smuggler, Essex, Athlete, Valkyria, Sceptre. W. H. Jordan (6 vessels) — Lewis H. Giles, O. W. Holmes, The Gatherer, Hattie E. Worcester, Goldenrod, Jo- seph Rowe. Orlando Merchant (16 vessels) — Ava- lon. Constellation, O. W. Holmes, Golden Rod, Grayling, Joseph Rowe, Harvard, Mary E. Harty, Harriet W. Babson, Richard Wainwright, Henry M. Stanley, Lewis H. Gilea, Lottie G. Merchant, Oriole, Clin- tonia, Esperanto. Jerome McDonald (3 vessels) — Pre- ceptor, Gladiator, Monitor. John Pew & Sons (5 vessels) — A. B. Whyland, Essex, Columbia, Orinoco, Scepter. D. B. Smith & Co. (12 vessels)— Smug- gler, Lucinda I. Lowell, Helen P. Whittier, Dora A. Lawson, Carrie BRITISH. Shipping Claims. Coquitlam, Favourite, Wanderer, Kate, Lord Nelson, Canadlenne, Eastry, Lindisfarne, Newchwang, Sidra, Ma- roa, Thomas F. Bayard, Jessie, Pes- chawa. Canadian Claim^s for Refund of Hay Duties. Peter Anderson, Charles Arpin, Na- thaniel Bachelder, Magloire, G. Blain, Toussaint Bourassa, continu- ing partner of Bourassa and Forrest- er; Pierre Bourgeois, William Bur- land & Company, Charles S. Rowe, surviving partner; Frederick Catu- dal ; L. N. Charlebois, heir and as- signee of Denis N. Charlebois ; Jo- seph Couture; Wilfrid Dorais, heir of Louis T. Dorais; John and Fran- cis Ewing, John Ewing, surviving partner; Joseph Jean Baptiste Gos- selin, heirs of Joseph A. Lamoureux, deceased. 54 TV. Babson, Golden Hope. Femwood, Sen. Gardner. Maxine Elliott, J. J. Flaherty. Tattler, Stranger. Sylvanus Smith & Co. (7 vessels) — Lueile. Bohemia, Claudia, Arcadia. Parthia, Arabia, Sylvauia. John Chisolm (5 vessels) — Admiral Dewey. Harry G. French, Monarch, Judique, Conqueror. Carl C. Young (3 vessels) — Dauntless, A. E. Whyland. William E. Morris- sey. Hugh Parkhurst & Co. (6 vessels) — Rival. Arthur D. Story, Patrician, Geo. Parker. Sen. Saulsbury. Diana. A.. D. Mallock (3 vessels)— Indiana. Alert. Edna Wallace Hopper. Thomas M. Nickolson (13 vessels) — Ada S. Babson, Elizabeth N., Hiram Lowell, M. B. Stetson, A. V. S. Wood- ruff, T. M. Nickolson, Landseer, Ed- gar S. Foster, A. M. Nickolson, Wm. Matheson. Robin Hood, Annie G. Quinner, N. E. Symonds. M. J. Palson (3 vessels) — Barge Tillid, Schooner .T. K. Manning, Tug Clarita. M. J. Dillon (1 vessel)— Edith Emery. Russell D. Terry (1 vessel) — Centen- nial. Lemuel E. Spinney (3 vessels) — Amer- ican, Arbitrator. Dictator. Wm. H. Thomas (2 vessels)— Elmer E. Gray, Thos. L. Gorton. Frank H. Hall (3 vessels)— Ralph H. Hall, Sarah E. Lee, Faustina. M. Walen & Son (7 vessels) — Ken- tucky, Effie W. Prior, Orpheus, Hat- tie A. Heckman, Ella M. Goodsiu, Bessie N. Devine, Arthur James. Atlantic Maritime Co. (7 vessels) — James W. Parker, Raynah, Susan & Mary, Elsie, Fannie E. Prescott, E. E. Gray, Mildred Robinson. Waldo I. Wonson (5 vessels) — Ameri- can, Mystery, Procyon, Effie M. Mor- rissey. Marguerite. Edward Trevoy (1 vessel) — Edward Trevoy. Henry Atwood (1 vessel) — Fannie B. Atwood. Fred Thompson (1 vessel) — Elsie M. Smith. Group 2. Against Newfoundland : Bessie M. Wells. Elector, Sarah B. Put- nam, A. E. Whyland. N. B. Parker, Thomas F. Bayard, Arethusa, Harry A. Nickerson, Arkona, Edna Wallace Hopper, Athlete. Fishing Claims. Against Canada : EYe^lerick Gerring, North, D. J. Adams, R. T. Roy, Tattler, Hurricane, Argo- naut, Jonas H. French. 55 Class III. — Claims based on damages to the property of either Gov- ernment or its nationals, or on personal wrongs of such nationals, alleged to be due to the operations of the military or naval forces of the other Government or to the acts or negligence of the civil authorities of the other Government. AMERICAN. Home Missionary Society, Daniel John- son, Union Bridge Company, Ma- de! ros. BRITISH. Four Cable Companies Claims. Cuban Submarine Telegraph Co., East- ern Extension Cable Co., Canadian Electric Light Co., Great North- western Telegraph Co. " Philippine War " Claims. Ackart, Balfour, Broxup, Cundal, Dod- son, Fleming, Forbes, Fox, Fyfe, Grace, Grindrod, Hawkins, F., Haw- kins, J., Hendry, Hill, Hogg, Holi- day, Hong Kong Bank, Uoilo Club, Eastern Extension Telegraph Co., Higgins, W., Higgins, N. L., Hoskin & Co., Kaufman, Ker Bolton & Co., Launders, McLeod, McMeeking, Moore, Philippine Mineral Syndicate, Pohang, Pohoomul, Smith, Stevenson, Strachan, Thomson, Underwood, Warner, Zaflro, C. B. Chiene, N. L. Chiene, Parsons & Walker. " Hawaiian " Claims. Ashford, Bailey, Harrison, Kenyon, Levy, McDowall, Rawlins, Redward, Reynolds, Thomas. Hardman, Wrathall, Cadenhead. Class IV. — Claims based on contracts between the authorities of either Government and the nationals of the other Government. BRITISH. King Robert. Yukon Lumber, Hemming. TERMS OF SUBMISSION. I. In case of any claim being put forward by one party which is alleged by the other party to 1^ barred by treaty, the Arbitral Tri- bunal shall first deal with and decide the question whether the claim is so barred, and in the event of a decision that the claim is so barred, the claim shall be disallowed. II. The ^Vrbitral Tribunal shall take into account as one of the equities of a claim to such extent as it shall consider just in allowing or disallowing a claim any admission of liability by the Government against whom a claim is put forward. III. The Arbitral Tribunal shall take into account as one of the equities of a claim to such extent as it shall consider just in allowing 56 or disalloTvmg a claim, in whole or in part, any failure on the part of the claimants to obtain satisfaction through legal remedies which are open to him or placed at his disposal, but no claim shall be disallowed or rejected by application of the general principle of international law that the legal remedies must be exhausted as a condition prece- dent to the validity of the claim. IV. The Arbitral Tribunal, if it considers equitable, may include in its award in respect of any claim interest at a rate not exceeding 4 per cent per annum for the whole or any part of the period between the date when the claim was first brought to the notice of the other party and that of the confirmation of the schedule in which it is mcludey the President March 1, 1000; ratified hy Honduras May 20, 1012; ratifications, exchanged at Washington July 10, 1012; proclaimed July 10^ 1012. Articles. I. Delivery of accused. II. Extraditable offenses. Political offenses. Offense for which to be tried. V, Limitations. VI. Deferring extradition. Claimed by other countries. Nondelivery of citizens. III. IV. VII VIII IX. Expenses. X. Property in possession of ac- cused. XI. Procedure. XII. Provisional detention. XIII. Assistance of legal officers. XIV. Effect; termination; ratifica- tion. The United States of America and the Eepublic of Honduras, being desirous to confirm their friendly relations and to promote tlie cause of justice, have resolved to conclude a treaty for the extra- dition of fugitives from justice between the United States of America and the Eepublic of Honduras, and have appointed for that purpose the following Plenipotentiaries: The President of the United States of America, Elihu Root, Secre- tary of State of the United States ; and The President of the Republic of Honduras, Doctor Luis Lazo A., Envoy Extraordinary and Minister Plenipotentiary of Honduras to the United States ; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and con- cluded the following articles: Ajrticle I. It is agreed that the Government of the United States and the Government of Honduras shall, upon mutual requisition duly made as herein provided, deliver up to justice any person who may be charged with or may have been convicted of any of the crimes spe- cified in Article II of this Convention committed within the jurisdic- tion of one of the Contracting Parties while said person was actually within such jurisdiction when the crime was committed, and who shall seek an asylum or shall be found within the territories of the other, provided that such surrender shall take place only upon such (71) 72 evidence of criminality as, accordinf^ to the laws of the place where the fiiirilive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime or oU'ense had been there committed. Articm: II. Persons shall be delivered up according to the provisions of this Convention, who shall have been charged with or convicted of any of the following crimes: 1. Murder, comprehending the crimes designated by the terms of parricide, assassination, manslaughter, when voluntary; poisoning or infanticide. 2. The attejnpt to commit murder. 3. Rape, abortion, carnal knowledge of children under the age of twelve years. 4. Bigamy. 5. Arson. 6. Willful and unlawful destruction or obstruction of railroads, which endangers human life. 7. Crimes committed at sea: (a) Piracj'^, as commonly known and defined by the law of nations, or by statute; (b) Wrongfully sinking or destroying a vessel at sea or attempting to do so; (c) Mutiny or conspiracy by two or more members of the crew or other persons on board of a vessel on the high seas, for the purpose of rebelling against the authority of the captain or commander of such vessel, or by fraud or violence taking possession of such vessel ; (d) Assault on board ships upon the high seas with intent to do bodily harm. 8. Burglary, defined to be the act of breaking into and entering the house of another in the nighttime with intent to commit a felony therein. 9. The act of breaking into and entering into the offices of the Gov- ernment and public authorities, or the offices of banks, banking houses, saving banks, trust companies, insurance companies, or other buildings not dwellings with intent to commit a felony therein. 10. Robbery, defined to be the act of feloniously and forcibly taking from the person of another, goods or money by violence or by putting him in fear. 11. Forgery or the utterance of forged papers. 12. The forgery or falsification of (he oliicial acts of the Govern- ment or public authorit}^, including courts of justice, or the uttering or fraudulent use of the same. 13. The fabrication of counterfeit money, whether coin or paper, counterfeit titles or coupons of public debt, created by national, state, provincial, territorial, local, or municipal governments, banknotes or other instruments of public credit, counterfeit seals, stamps, dies, and marks of state or public administrations, and the utterance, cir- culation, or fraudulent use of the above mentioned objects. 14. Embezzlement or criminal malversation committed within the Jurisdiction of one or the other party by public officers or deposi- taries, where the amount embezzled exceeds two hundred dollars (or Honduran equivalent). 73 15. Embezzlement by any person or persons hired, salaried, or employed, to the detriment of their omi-)loyers or principals, when the crime or offense is punishable by imprisonment or other corporal punishment by the laws of both countries, and where the amount embezzled exceeds two hundred dollars (or Honduran equivalent). 16. Kidnappinf^ of minors or adults, defined to be the abduction or detention of a person or persons, in order to exact money from them or their families, or for any other unlawful end. 17. Larceny, defined to be the theft of effects, personal property, or money, of the value of twenty-five dollars or more. 18. Obtainino- money, valuable securities or other property by false pretenses or receiving any money, valuable securities or other property knowing the same to have been unlawfully obtained, where the amount of money or the value of the property so obtained or received exceeds two hundred dollars (or Honduran equivalent). 19. Perjury or subornation of perjury. 20. Fraud or breach of trust by a bailee, banker, agent, factor, trustee, executor, administrator, guardian, director, or officer of any company or corporation, or by any one in any fiduciary position, where the amount of money or the value of the property misappro- priated exceeds two hundred dollars (or Honduran equivalent). 21. The extradition is also to take place for participation in any of the aforesaid crimes as an accessory before or after the fact, pro- vided such participation be punishable by imprisonment by the laws of both Contracting Parties. Article III. The provisions of this Convention shall not import claim of ex- tradition for any crime or offense of a political character, nor for acts connected with such crimes or offenses; and no person sur- rendered by or to either of the Contracting Parties in virtue of this Convention sliall be tried or punished for a political crime or offense. When the offense charged comprises the act either of murder or assassination or of poisoning, either consummated or attempted, the fact that the offense was committed or attempted against the life of the sovereign or head of a foreign state or against the life of any member of his family, shall not be deemed sufficient to sustain that such a crime or offense was of a political character, or was an act connected with crimes or offenses of a political character. Article IV. No person shall be tried for any crime or offense other than that for which he was surrendered. Article V. A fugitive criminal shall not be surrendered under the provisions hereof, when, from lapse of time or other lawful cause, according to the laws of the place within the jurisdiction of which the crime was committed, the criminal is exempt from prosecution or punish- ment for the offense for which the surrender is asked. 74 Article VI. Tf a fue waters of the Xorth Pacific Ocean, north of the thirtieth par- alle of north latitude and including the Seas of Bering, Kamchatka, Okhotsk and Japan, and that every such person and vessel offending against such prohibition may be seized, except within the territorial jurisdiction of one of the other Powers, and detained by the naval or other duly commissioned officers of any of the Parties to this Con- vention, to be delivered as soon as practicable to an authorized official ■ of their OAvn nation at the nearest point to the place of seizure, or elsewhere as may be mutually agreed upon; and that the authorities of the nation to which such person or vessel belongs alone shall have jurisdiction to try the offense and impose the penalties for the same; and that the witnesses and proofs necessary to establish the offense, so far as they are under the control of any of the Parties to this Convention, shall also be furnished with all reasonable promptitude to the proper authorities having jurisdiction to try the offense. Article II. Each of the High Contracting Parties further agrees that no per- son or vessel shall be permitted to use any of its ports or harbors or any part of its territory for any purposes whatsoever connected with the operations of pelagic sealing in the waters within the protected area mentioned in Article I. Article III. Each of the High Contracting Parties further agrees that no seal- skins taken in the waters of the North Pacific Ocean witliin the pro- tected area mentioned in Article I, and no sealskins identified as the species known as Gallorhinus alascanus, Callorhinus ursinus, and Callorhinvs hiiHleiisis^ and belonging to the American, Russian or Japanese herds, except such as are taken under the authority of the respective Powers to which the breeding grounds of such herds be- long and have been officially marked and certified as having been so taken, shall be permitted to be imported or brouglit into the territory of any of the Parties to this Convention. Article IV. It is further agi-eed that the provisions of this Convention shall not apply to Indians, Ainos, Aleuts, or other aborigines dwelling on the coast of the waters mentioned in Article I, who carry on pelagic sealing in canoes not transported by or used in connection with other 86 vessels, and propelled entirely by oars, paddles, or sails, and manned by not more than five persons each, in the way hitherto practiced and witliout the use of tirearms; provided that such aborigines are not in the emploj^ment of other persons or under contract to deliver the skins to any person. Article V. Each of the High Contracting Parties agrees that it will not permit its citizens or subjects or their vessels to kill, capture or pursue be- yond the distance of three miles from the shore line of its territories sea otters in any part of the waters mentioned in Article I of this Convention. Artici^ VI. Each of the High Contracting Parties agrees to enact and enforce such legislation as ma}' be necessary to make effective the foregoing provisions with apj)ropriate penalties for violations thereof. Article VII. It is agreed on the part of the United States, Japan, and Russia that each respectively Avill maintain a guard or patrol in the waters frequented by the seal herd in the protection of which it is especially interested, so far as may be necessary for the enforcement of tho foregoing provisions. Article VIII. All of the High Contracting Parties agree to cooperate with each other in taking such measures as may be appropriate and available for the purpose of preventing pelagic sealing in the prohibited area mentioned in Article I. Article IX. The term pelagic sealing is hereby defined for the purposes of this Convention as meaning tlie killing, capturing or pursuing in any manner whatsoever of fur seals at sea. Article X, The United States agrees that of the total number of sealskins taken annually under the authority of the United States upon the Pribilof Islands or any other ishinds or shores of the waters men- tioned in Article I subject to the jurisdiction of the United States to which any seal herds hereafter resort, there shall be delivervid at the Pribilof Islands at the end of each season fifteen per cent (15%) gross in number and value thereof to an authorized agent of the Canadian Government and fifteen per cent (15%) gross in number and value thereof to an authorized agent of the Japanese Govern- ment; provided, however, that nothing herein contained shall restrict the right of the United States at any time and from time to time to 87 suspend altogether the taking of sealskins on such islands or shores subject to its jurisdiction, and to impose such restrictions and regula- tions upon the total number of skins to be taken in any season and the manner and times and places of taking them as may seem neces- saiy to protect and preserve the seal herd or to increase its number. Article XI. The United States further agrees to pay the sum of two hundred thousand dollars ($200,000) to Great Britain and the sum of two hundred thousand dollars ($200,000) to Japan when this Convention goes into effect, as an advance payment in each case in lieu of such number of fur-seal skins to which Great Britain and Japan respec- tively would be entitled under the provisions of this Convention as would be equivalent in each case to two hundred thousand dollars ($200,000) reckoned at their market value at London at the date of their delivery before dressing and curing and less cost of transporta- tion from the Pribilof Islands, such market value in case of dispute to be determined by an umpire to be agreed upon by the United States and Great Britain, or by the United States and Japan, as the case may be, which skins shall be retained by the United States in satisfaction of such payments. The United States further agrees that the British and Japanese share respectively of the sealskins taken from the American herd under the terms of this Convention shall be not less than one thou- sand (1,000) each in any year even if such number is more than fifteen per cent (15%) of the number to which the authorized killing is restricted in such year, unless the killing of seals in such year or years shall have been absolutely prohibited by the United States for all purposes except to supply food, clothing, and boat skins for the natives on the islands, in which case the United States agrees to pay to Groat Britain and to Japan each the sum of ten thousand dollars ($10,000) annually in lieu of any share of skins during the years when no killing is allowed; and Great Britain agrees, and Japan agrees, that after deducting the skins of their respective shares, which are to be retained by the United States as above provided to reim- burse itself for the advance payment aforesaid, the United States shall be entitled to reimburse itself for any annual payments made as herein required, by retaining an additional number of sealskins from the British and Japanese shares respectively over and above the specified minimum allowance of one thousand (1,000) skins in any subsequent year or years when killing is again resumed, until the whole number of skins retained shall equal, reckoned at their market value determined as above provided for, the entire amount so paid, with interest at the rate of four per cent (4%) per annum. If, however, the total number of seals frequenting the United States islands in any year falls below one hundred thousand (100,000), enumerated by official count, then all killing, excepting the incon- siderable supply necessary for the support of the natives as above noted, may be suspended w'ithout allowance of skins or payment of money equivalent until the number of such seals again exceeds one hundred thousand (100,000), enumerated in like manner. 88 Article XII. It is aed with or convicted of any of the following crimes: 1. Murder, comprehending the crimes designated by the terms of parricide, assassination, manslaughter when voluntary; poisoning or infanticide. 2. The attempt to commit murder. 3. Rape, abortion, carnal knowledge of children under the age of twelve years. 4. Mayhem and other wilful mutilation causing disability or death. 5. Bigamy. 6. Arson. 7. Wilful nnd unlawful destruction or obstruction of railroads, which endangers human life. 8. Crimes committed at sea: (a) Piracy, as commonly known and defined by the law of Nations, or by Statute ; (b) "Wrongfully sinking or destroying a vessel at sea or attempting to do so; (c) Mutiny or conspiracy by two or more members of the crew or other persons on board of a vessel on the high seas, for the purpose of rebelling against the authority of the Captain or Commander of such vessel, or by fraud or violence taking possession of such vessel; (d) Assault on board ships upon the high seas with intent to do bodily harm. 9. Burglary, defined to be the act of breaking into and entering the house of another in the night time with intent to commit a felony therein. 10. The act of breaking into and entering the offices of the Gov- ernment and public authorities, or the offices of banks, banking houses, saving banks, trust companies, insurance companies, or other buildings not dwellings, with intent to commit a felony therein. 11. Robbery, defined to be the act of feloniously and forcibly taking from the person of another, goods or money by violence or by putting him in fear. 12. Forgerv or the utterance of forged papers. 13. The forgery or falsification of the official acts of the Govern- ment or public authority, including Courts of Justice, or the uttering or fraudulent use of any of the same. 14. The fabrication of counterfeit money, whether coin or paper, counterfeit titles or coupons of public debt, created by National, State, Provincial, Territorial, Local or Municipal Governments, banknotes or other instruments of public credit, counterfeit seals, stamps, dies and marks of State or public administrations, and the utterance, circulation or fraudulent use of the above mentioned objects. 108 15. Embezzlement or criminal malversation committed within the jurisdiction of one or the other party by public officers or deposi- taries, where the amount embezzled exceeds two hundred dollars (or Salvadorean equivalent). IG. Embezzlement by any person or persons hired, salaried or employed, to the detriment of their employers or principals, when the crime or offence is punishable by imprisonment or other corporal punishment by the laws of both countries, and where the amount embezzled exceeds two hundred dollars (or the Salvadorean equiva- lent). 17. Kidnapping of minors or adults, defined to be the abduction or detention of a person or persons, in order to exact money from them or their families, or for any other unlawful end. 18. Larceny, defined to be the theft of effects, personal property, horses, cattle, or live stock, or money, of the value of twenty-five dollars (or Salvadorean equivalent) or more, or receiving stolen property, of that value, knowing it to be stolen. 19. Obtaining money, valuable securities or other property by false pretences or receiving any monc}'^, valuable securities or other property knowing the same to have been unlawfully obtained, where the amount of money or the value of the property so obtained or received exceeds two hundred dollars (or Salvadorean equivalent). 20. Perjury or subornation of perjury. 21. Fraud or breach of trust by a bailee, banker, agent, factor, trustee, executor, administrator, guardian, director or officer of any Compan}^ or Corporation, or by any one in any fiduciary position, where the amount of money or the value of the property misappro- priated exceeds two hundred dollars (or Salvadorean equivalent). 22. Crimes and offences against the laws of both countries for the suppression of slavery and slave trading. 23. The extradition is also to take place for participation in any of the aforesaid crimes as an accessory before or after the fact, pro- vided such participation be punishable by imprisonment by the laws of both Contracting Parties. Article III. The provisions of this Treaty shall not import claim of extradition for any crime or offence of a political character, nor for acts con- nected with such crimes or offences : and no person surrendered by or to either of the Contracting Parties in virtue of this Treaty shall be tried or punished for a political crime or offence. When the offence charged comprises the act either of murder or assassination or of poisoning, either consummated or attempted, the fact that the offence was committed or attempted against the life of the Sovereign or Head of a foreign State, or against the life of any member of his family, shall not be deemed sufficient to sustain that such a crime or offence was of a political character, or was an act connected with crimes or offences of a political character. If any question shall arise as to whether a case comes within the provisions of this Article, the decisions of the authorities of the Gov- ernment on which the demand for surrender is made, or which may have granted the extradition shall be final. 109 Article IV. No person shall be tried or punished for any crime or ofTence other than that for which he was surrendered without the consent of the Government whicli surrendered him, which may, if it think proper, require the production of one of the documents mentioned in Article XI of this Treaty. Article V. A fugitive criminal shall not be surrendered under the provisions hereof, when, from lapse of time or other lawful cause, according to the laws of the place within the jurisdiction of which the crime was committed, the criminal is exempt from prosecution or punishment for the olfence for which the surrender is asked. Article VI. If a fugitive criminal whose surrender may be claimed pursuant to the stipulations hereof, be actually under prosecution, out on bail or in custody, for a crime or offence committed in the country where he has sought asylum, or shall have been convicted thereof, his extradition ma}^ be deferred until such proceedings be determined, and, until he shall have been set at liberty in due course of law. Article VII. If a fugitive criminal claimed by one of the parties hereto, shall be also claimed by one or more powers pursuant to treaty provisions, on account of crimes committed within their jurisdiction, such criminal shall be delivered to that State whose demand is first received. Article VIII. Under the stipulations of this Treaty, neither of the Contracting Parties shall be bound to deliver up its own citizens. Article IX. The expense of the arrest, detention, examination and transporta- tion of the accused shall be paid by the Government which has pre- ferred the demand for extradition. Article X. Everything found in the possession of the fugitive criminal at the time of his arrest, whether being the proceeds of the crime or offence, or which may be material as evidence in making proof of the crime, shall, so far as practicable, accordino; to the laws of either of the Con- tracting Parties, be delivered up with his person at the time of the surrender. Nevertheless the rights of a third party with regard to the articles aforesaid shall be duly respected. 110 Article XI. The stipulations of this Treaty shall be applicable to all territory wherever situated, belonging to either of the Contracting Parties or in the occupancy and under the control of either of them, during such occupancy or control. Requisitions for the surrender of fugitives from justice shall be made b}- the respective diplomatic agents of the Contracting Parties. In the event of the absence of such Agents from the country or its seat of Government, requisition may be made by superior Consular officers. It shall be competent for such Diplomatic or superior Consular officers to ask and obtain a mandate or preliminary Avarrant of arrest for the person whose surrender is sought, whereupon the judges and magistrates of the two Governments shall respectively have power and authority, upon complaint made under oath, to issue a warrant for the apprehension of the person charged, in order that he or she may be brought before such judge or magistrate, that the evidence of criminality may be heard and considered; and if. on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the sur- render of the fugitive. The extradition of fugitives under the provisions of this Treaty shall be carried out in the United States and in the Republic of El Salvador, respectively, in conformity with the laws regulating extra- dition for the time being in force in the State in which the request for the surrender is made. Article XII. Wliere the arrest and detention of a fugitive in the United States are desired on telegraphic or other information in advance of the presentation of formal proof, complaint on oath, as provided by the statutes of the United States, shall be made by an agent of the Gov- ernment of El Salvador before a judge or magistrate authorized to issue warrants of arrest in extradition cases. "SAHien, under the provisions of this Article, the arrest and deten- tion of a fugitive are desired in the Republic of El Salvador, the proper course shall be to apply to the Foreign Office, which will immediately cause the necessary steps to be taken in order to secure the provisional arrest or detention of the fugitive. The provisional detention of a fugitive shall cease and the prisoner be released if a formal requisition for his surrender accompanied by the necessary evidence of his guilt has not been produced under the stipulations of this Treaty, within two months from the date of his provisional arrest or detention. Article XIII. In every case of a request made by either of the two Contracting Parties for the arrest, detention or extradition of fugitive criminals, the legal officers or fiscal ministry of the country where the proceed- Ill ings of extradition are had, shall assist the officers of the Government demanding the extradition before the respective judges and magis- trates, by every legal means within their or its power; and no chiim whatever for compensation for any of the services so rendered shall be made against the Government demanding the extradition, pro- vided however, that any officer or officers of the surrendering Gov- ernment so giving assistance, who shall, in the usual course of their duty, receive no salary or compensation other than specific fees for services performed, shall be entitled to receive from the (ioveiTiment demanding the extradition the customary fees for the acts or services performed by them, in the same manner and to the same amount as though such acts or services had been performed in ordinary criminal proceedings under the laws of the country of which they are officers. Article XIV. The conveyance through the territories of either of the High Con- tracting Parties of any person, not being a citizen of the country to be passed through, extradited by a third Power to either of them for any of the crimes specified in this Treaty, will be permitted if, in the case of the United States, the authority of the Secretary of State and, in that of El Salvador, that of the Minister for Foreign Rela- tions, is first obtained. Article XV. This Treaty shall take effect from the day of the exchange of the ratifications thereof; but either Contracting Party may at any time terminate the same on giving to the other six months' notice of its intention to do so. The ratifications of the present Treaty shall be exchanged at San Salvador or at Washington as soon as possible. In witness whereof, the respective Plenipotentiaries have signed the above Articles, and have hereunto affixed their seals. Done in duplicate, at the City of San Salvador, this eighteenth day of April, one thousand nine hundred and eleven. (seal.) William Hei:mke. (seal.) M. Castro R. SWEDEN. 1910. Consular Convention. Signed at Washi7igton June 1, 1910; ratification advised hy the Senate June 13, 1910; ratified hy the President February 27, 1911 ; ratified hy Sweden Fehi'uai^ 3,1911 ; ratifications exchanged at Washington March 18, 1911; proclaimed March 20, 1911. Aeticles. I. Consular officers. II. Most - favored - nation consular privileges. III. Exemptions. IV. Testimony by consuls. V. Arms and flag. VI. Immunities of officers and ar- chives. VII. Acting officers. VIII. Vice consuls aud agents. IX. Application to autliorities. X. Notarial powers. XI. Shipping disputes. XII. Deserters from ships. XIII. Shipwreclcs and salvage. XIV. Estates of deceased persons. XV. Duration; ratification. The President of the United States of America and His Majesty the King of Sweden, being mutually desirous of defining the rights, privileges, and immunities of consular officers of the two countrie?, and deeming it expedient to conclude a consular convention for that purpose, have accordingly named as their Plenipotentiaries: The President of the United States of America, Philander C. Knox, Secretary of State of the United States of America ; and His Majesty the King of Sweden, Herman Ludvig Fabian do Lagercrantz, his Envoy Extraordinary and Minister Plenipotenti- ary at Washington; Who, after having communicated to each other their respective full powers, found to be in good and proper form, have agreed upon the following articles Article I. Each of the High Contracting Parties agrees to receive from the other consuls-general, consuls, vice-consuls-general, vice-consuls, deputy consuls-general, deputy consuls, and consular agents in all its ports, cities, and places, except those where it may not be con- venient to recognize such officers. This reservation, however, shall not apply to one of the High Contracting Parties without also ap- plying to every other power. Article II. The consuls-general, consuls, vice-consuls-general, vice-consuls, deputy consuls-general, deputy consuls, and consular agents of each (U2) 113 of the two High Contracting Parties shall enjoy reciprocally, in the States of the other, all the privileges, exemptions, and immunities that are enjoyed by oflicers oi tlie same rank and quality of the most favored nation. The said officers, before being admitted to the exer- cise of their functions and the enjoyment of the immunities thereto pertaining, shall present their commissions in the forms established in their respective countries. The Government of each of the two High Contracting Parties shall furnish the necessary exequatur free of charge, and, on the exhibition of this instrument, the .«;aid officers shall be permitted to enjoy the rights, privileges, and im- munities granted by this Convention. Article III. Consuls-general, consuls, vice-consuls-general, vice-consuls, deputy consuls-general, deputy consuls, and consular agents, citizens of the State by which they are appointed, shall be exempt from arrest ex- cept in the case of offenses which the local legislation qualifies as crimes and punishes as such; they shall be exempt from military l)illetings, service in the Regular Army or Navy, in the militia, or in the national guard ; they shall likewise be exempt from all direct taxes — national. State, or municipal — imposed upon persons, either m the nature of capitation tax or in respect to their property, unless such taxes become due on account of the possession of real estate, or for interest on capital invested in the country where said officers exercise their functions, or for income from pensions of public or private nature enjoyed from said countr3^ This ex- emption shall not, however, apply to consuls-general, consuls, vice- consuls-general, vice-consuls, deputy consuls-general, deputy consuls, or consular agents engaged in any profession, business, or trade; but the said officers shall in such case be subject to the pa3'ment of the same taxes that would be paid by any other foreigner under the like circumstances. Article IV. When in a civil case a court of one of the two countries shall desire to receive the judicial declaration or deposition of a consul- general, consul, vice-consul, or consular agent, who is a citizen of the State which appointed him, and who is engaged in no commer- cial business, it shall request him, in writing, to appear before it, and in case of his inability to do so it shall request him to give his testimony in writing, or shall visit his residence or office to obtain it orally, and it shall be the duty of such officer to comply with this request with as little delay as possible; but in all criminal cases, contemplated by the sixth article of the amendments to the Consti- tution of the United States, whereby the right is secured to persons charged with crimes to obtain witnesses in their favor, the appear- ance in court of said consular officers shall be demanded, with all possible regard to the consular dignity and to the duties of his office, and it shall be the duty of such officer to comply with said demand. A similar treatment shall also be extended to the consuls of the United States in Sweden, in the like cases. - 76844°— S. Doc. 10G3, 62-3 8 114 Article V. Consuls-general, consuls, vice-consuls-general, vice-consuls, deputy consuls-general, deputy consuls, and consular agents nui}^ place over the outer door of their offices the arms of their nation, with this inscription: Consulate-General, or Consulate, or Vice-Consulate, or Consular A^encv of the United States or of Sweden. They may also raise the flag of their country on their offices, ex- cept in the capital of the country when there is a legation there. They may in like manner raise the flag of their country over the boat employed by them in the port and for the exercise of their functions. Article VI. The consular offices shall at all times be inviolable. The local authorities shall not, under any pretext, invade them. In no case shall they examine or seize the papers there deposited. In no case shall those offices be used as places of asylum. When a consular officer is engaged in other business, the papers relating to the con- sulate shall be kept separate. Nor shall consular officers be required to produce the official archives in court or to testify as to their contents. Article VII. In the event of the death, incapacity, or absence of consuls-general, consuls, vice-consuls-general, vice-consuls, and consular agents, their chancellors or secretaries, whose official character may have pre- viously been made known to the Department of State at Washington or to the Ministry for Foreign Affairs in Sweden, may temporarily exercise their functions, and while thus acting shall enjoy all the rights, prerogativas, and immunities granted to the incumbents. Article VIII. Consuls-general and consuls may, so far as the laws of their coun- try allow, with the approbation of their respective Governments, appoint vice-consuls-general, deput}^ consuls-general, vice-consuls, deputy consuls, and consular agents in the cities, ports, and places within their consular district. These agents may be selected from among citizens of the United States or of Sweden, or those of other countries. They shall be furnished with a regular commission, and shall enjoy the privileges stipulated for consular officers in this con- vention, subject to the exceptions specified in Article III. Article IX. Consuls-general, consuls, vice-consuls-general, vice-consuls, and consular agents shall have the right to address the authorities whether, in the Unfted States, of the Union, the States, or the municipalities, or in Sweden, of the State, the Provinces, or the commune, through- out the whole extent of their consular district in order to complain of any infraction of the treaties and conventions between the United States and Sweden, and for the purpose of protecting the rights and 115 interests of their countrymen. Tf tlie complaint shoiilrl not be satis- factorily redressed, the consular ollicers aforesaid, in the absence of a diplomatic agent of their country, may apply directly to the Government of the country where they exercise their functions. Article X. Consuls-general, consuls, vice-consuls-general, vice-consuls, deputy consuls-general, deputy consuls, and consular agents of the respective countries may, as far as may be compatible with the laws of their own country, take at their offices, their private residences, at the resi- dence of the parties concerned, or on board ship, the depositions of the captains and crews of the vessels of their own countiy and of passengers thereon, as well as the depositions of any citizen or sub- ject of their own country; draw up, attest, certify, and authenticate all unilateral acts, deeds, and testamentary dispositions of their coun- trymen, as well as all articles of agreement or contracts to which one or more of their countrymen is or are party; draw up, attest, certify, and authenticate all deeds or written instruments which have for their object the conveyance or encumbrance of real or personal prop- ertv situated in the territory of the country by which said consular officers are appointed, and all unilateral acts, deeds, testamentary dis- positions, as well as articles of agreement or contracts relating to property situated or business to be transacted in the territory of the nation by which the said consular officers are appointed ; even in cases where said unilateral acts, deeds, testamentary dispositions, articles of agreement, or contracts are executed solely by citizens or subjects of the countrj' Avithin which said consular officers exercise their functions. All such instruments and documents thus executed and all copies and translations thereof, when duly authenticated by such consul- general, consul, vice-consul-general, vice-consul, deputy consul-gen- eral, deputy consul, or consular agent under his official seal, shall be received as evidence in the United States and in Sweden as original documents or authenticated copies, as the case may be, and shall have the same force and effect as if draAvn up by and executed before a notary or public officer duly authorized in the country by which said consular officer was appointed; provided, always, that they have been drawn and executed in conformity to the laws and regulations of the country where they are intended to take effect. Article XI. The respective consuls-general, consuls, vice-consuls-general, vice- consuls, deputy consuls-general, deputy consuls, and consular agents shall have exclusive charge of the internal order of the merchant vessels of their nation, and shall alone take cognizance of any dif- ferences whicii may arise, either at sea or in port, between (he cap- tains, officers, and crews, without exception, particularly in reference to the adjustment of wages and the execution of contracts. The local authorities shall not interfere, except when the disorder that has arisen is of sueli a naturs as to disturb tranquility and public order on shore or in the port, or when a person of the country or not belonging to the crew shall be concerned therein. 116 In all other cases the aforesaid authorities shall confine themselves to lending aid to the said consular officers, if they are requested by them to do so, in causing the arrest and imprisonment of any person whose name is inscribed on the crew list whenever, for any cause, the said officers shall think proper. Article XII. The respective consuls-general, consuls, vice-consuls-general, vice- consuls, deputy consuls-general, deputy consuls, and consular agents may cause to be arrested the officers, sailors, and all other persons making part of the crews in any manner whatever, of ships of war or merchant vessels of their nation, who may be guilty, or be ac- cused, of having deserted said ships and vessels, for the purpose of sending them on board or back to their country. To this end they shall address the competent local authorities of the respective coun- tries, in writing, and shall make to them a written request for the deserters, supporting it by the exhibition of the register of the vessel and list of the crew, or by other official documents, to show that the persons claimed belong to the said ship's company. Upon such re- quest thus supported, the delivery to them of the deserters can not be refused, unless it should be duly proved that they were citizens of the country where their extradition is demanded at the time of their being inscribed on the crew list. All the necessary aid and protec- tion shall be' furnished for the pursuit, seizure, and arrest of the de- serters, who shall even be put and kept in the prisons of the country, at the request and expense of the consular officers, until there may be an opportunity for sending them away. If, however, such an opportunity should not present itself within the space of two months, ceunting from the day of the arrest, the deserters shall be set at lib- erty, nor shall they be again arrested for the same cause. If the deserter has committed any misdemeanor, and the court having the right to take cognizance of the offense shall claim and exercise it, the delivery of the deserter shall be deferred until the decision of the court has been pronounced and executed. Article XIII. All proceedings relative to the salvage of vessels of the United States wrecked upon the coasts of Sweden, and of Swedish vessels wrecked upon the coasts of the United States, shall be directed by the consuls-general, consuls, vice-consuls-general, and vice-consuls of the two countries, respectively, and until their arrival by the respective consular agents, wherever an agency exists. In the places and ports where an agency does not exist, the local authorities until the arrival of the consular officer in whose district the wrecfc may have occurred, and who shall be immediately informed of the occur- rence, shall take all necessary measures for the protection of persons and the preservation of wrecked property. The local authorities shall not otherwise interfere than for the maintenance of order, the protection of the interests of the salvors, if these do not belong to the crews that have been wrecked, and to carry into effect the arrange- ments made for the entry and exportation of the merchandise saved. It is understood that such merchandise is not to be subjected to any 117 custom-house charges, unless it be intended for consumption in the country where the wreck may have taken place. The intervention of the local authorities in these different cases shall occasion no expense of any kind, except such as may be caused by the operations of salvage and the preservation of the goods saved, together with such as would be incurred under similar circumstances by vessels of the nation. Article XIV. In case of the death of any citizen of Sweden in the United States or of any citizen of the United States in the Kingdom of Sweden without having in the country of his decease any known heirs or testa- mentary executors by him appointed, the competent local authorities shall at once inform the nearest consular officer of the nation to which the deceased belongs of the circumstances, in order that the necessary information may be immediately forwarded to parties interested. In the event of any citizens of either of the two Contracting Parties dying without will or testament, in the territory of the other Con- tracting Party, the consul-general, consul, vice-consul-general, or vice- consul of the nation to which the deceased may belong, or, in his absence, the representative of such consul-general, consul, vice-consul general, or vice-consul, shall, so far as the laws of each country will f)ermit and pending the appointment of an administrator and until etters of administration have been granted, take charge of the prop- erty left by the deceased for the benefit of his lawful heirs and credi- tors, and, moreover, have the right to be appointed as administrator of such estate. It is understood that when, under the provisions of this article, any consul-general, consul, vice-consul-general, or vice-consul, or the rep- resentative of each or either, is acting as executor or administrator of the estate of one of his deceased nationals, said officer or his rep- resentative shall, in all matters connected with, relating to, or grow- ing out of the settlement of such estates, be in such capacities as fully subject to the jurisdiction of the courts of the country wherein the estate is situated as if said officer or representative were a citizen of that country and possessed of no representative capacity whatsoever. The citizens of each of the Contracting Parties shall have power to dispose of their personal goods within the jurisdiction of the other, by sale, donation, testament, or otherwise, and their representatives, being citizens of the other Party, shall succeed to their personal goods, whether by testament or ab intestato, and they may in accord- ance with and acting under the provisions of the laws of the juris- diction in which the property is found take possession thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein such goods are shall be subject to pay in like cases. As for the case of real estate, the citizens and subjects of the two Contracting Parties shall be treated on the footing of the most- favored nation. Article XV. The present convention shall remain in force for the space of ten years, counting from the day of the exchange of the ratifications, 118 which shall be made in conformity with the respective Constitutions of the two coimtries. and exchanged at AVashington as soon as pos- sible within the period of one year. In case neither Party gives no- tice, twelve months Ix^fore the expiration of the said period of ten years, of its intention not to renew this Convention, it shall remain in force one year longer, and so on, from 3'ear to j^ear, until the ex- piration of a year from the day on which one of the Parties shall have given such notice. In faith whereof the respective Plenipotentiaries have signed this Convention, and have hereunto affixed their seals. Done in duplicate at the City of Washington this first day of June, one tliousand nine hundred and ten. [seal] P. C. Knox. [seal] H. L. F. Lager^rantz. INTERNATIONAL CONVENTIONS AND ACTS TO WHICH THE UNITED STATES IS A PARTY AND WHICH ARE IN FORCE. (119) INTERNATIONAL CONVRNTTONS AND ACTS TO WHICH THE UNITED STATES IS A PARTY. 1906. Convention. pecuniary claims. Signed at Rio de Janeiro August 13^ 1906; ratification advised hy the Senate March 2, 1907; ratified hy the President March IS, 1907; ratification of the United States deposited with the Government of Brazil April ^3, 1907 ; proclaimed January £8, 1913. Sole article. Extension of the treaty on pecuniary claims signed at Mexico, January 30, 1902. Their Excellencies, the Presidents of Ecuador, Paraguay, Bolivia, Colombia, Honduras, Panama, Cuba, the Dominican Eepublic, Peru, El Salvador, Costa Kica, the United States of Mexico, Guatemala, Uruguay, the Argentine Republic, Nicaragua, the United States of Brazil, the United States of America, and Chile; Desiring that their respective countries should be represented at the Third International American Conference, sent thereto, duly authorized to approve the recommendations, resolutions, conventions and treaties that they might deem convenient for the interests of America, the following Delegates: Ecuador — Dr. Emilio Arevalo; Olmedo Alfaro. Paraguay — Manuel Gondra; Arsenio Lopez Decoud; Gualberto Cardiis y Huerta; Bolivia — Dr. Alberto Gutierrez; Dr. Carlos V. Romero; Colombia — Rafael Uribe Uribe; Dr. Guillermo Valencia; Honduras — Fausto Davila ; Panama — Dr. Jose Domingo de Obaldia ; Cuba — Dr. Gonzalo de Quesada; Rafael Montoro; Dr. Antonio Gonzdlez Lanuza ; Dominican Republic — E. C. Joubert ; Peru — Dr. Eugenio Larrabure y Unanue; Dr. Antonio Miro Quesada; Dr. Mariano Cornejo; El Sahmdor — Dr. Francisco A. Reyes; Costa Rico — Dr. Ascension Esquivel ; United States of Mexico — Dr. Francisco Leon de La Barra; Ri- cardo Molina-Hiibbe ; Ricardo Garcia Granados; Gvutemala — Dr. Antonio Batres Jauregui ; Uruguay — Luis Melian Lafinur; Dr. Antonio Maria Rodriguez; Dr. Gonzalo Ramirez; (121) 122 Argentine Republic — Dr. J. V. Gonzalez; Dr. Jos6 A. Terry; Dr. Eduardo L. Bidau ; Nicaragua — Luis F. Corea; United States of Brazil — Dr. Joaqiiim Aurelio Nabuco de Aran jo; Dr. Joaquim Francisco de Assis Brasil ; Dr. Gastao da Cunha ; Dr. Alfredo de Moraes Gomes Ferreira; Dr. Joao Pandia Calogeras; Dr. Amaro Cavalcanti ; Dr. Joaquim Xavier da Silveira ; Dr. Jose P. da Graga Aranha; Antonio da Fontoura Xavier; United States of Amenca — William I. Buchanan ; Dr. L. S. Rowe ; A. J. Montague; Tulio Larrinaga; Dr. Paul S. Reinsch; Van Leer Polk. Chili — Dr. Anselmo Ilevia Riquelme; Joaquin Walker Martinez; Dr. Luis Antonio Vergara ; Dr. Adolfo Guerrero; A\'ho, after having communicated to each other their respective full powers and found them to be in due and proper form, have agreed, to celebrate a Convention extending the Treaty on Pecuniary Claims celebrated in ISIexico on the thirtieth of January nineteen hun- dred and two, in the following terms: The High Contracting Parties, animated by the desire to extend the term of duration of the Treaty on pecuniary claims, signed at Mexico, January thirtieth, nineteen hundred and two, and believing that, under present conditions, the reasons underlying the third article of said Treaty have disappeared, have agreed upon the follow- Sole article. The treaty on pecuniary claims, signed at Mexico, January thirtieth, nineteen hundred and two, shall continue in force, with the exception of the third article, which is hereby abolished, until the thirty-first day of December, nineteen hundred and twelve, both for the nations which have already ratified it, and for those which may hereafter ratify it." In testimony whereof the Plenipotenciaries and Delegates have signed the present Convention, and affixed the Seal of the Third In- ternational American Conference. Made in the city of Rio de Janeiro the thirteenth of August nine- teen hundred and six, in English, Portuguese, and Spanish, and de- posited with the Secretary of Foreign Affairs of the United States of Brazil, in order that certified copies thereof be made, and sent through diplomatic channels to the signatory States. For Ecuador; Emilio Arevalo. Olmedo Alfaro. For Paraguay: For Bolivia: For Colombia: For Honduras: Manoel Gondra. Arsenic Lopez Decoud. GUALBERTO CaRDUS T HuERTA. Alberto Gutierrez. Carlos V. Romero. Rafael Uribe Uribe. Guillermo Valencia. Fausto Da VILA. o See vol. 2, p. 2062. 123 For Panamd: Jose Dominoo de Obaldia. For Cuba: gonzalo de quesada. Kafael Montoro. Antonio Gonzalez Lanuza. For the Dominican Republic: ElMILIO C. JOUBERT. EuGENio Larrabure y Unanue, Antonio Miro Quesada. Mariano Cornejo. Francisco A. Reyes. For Peru : For El Salvador: For Costa Rica: Ascension Esquivel. For the United States of Mexico : Francisco Leon de La Barra. RiCARDO MOLINA-HiJBBE. RiCARDO Garcia Granados. For Guatemala; Antonio Batres Jauregui, For Uruguay: Luis Meltan Lafinur. Antonio Maria Rodriguez, (jonzalo Ramirez. For the Argentine Republic : J. V. Gonzalez. Jose A. Terry. Eduardo L. Bidau. For Nicaragua: Luis F. Corea. For the United States of Brazil: JoAQuiM Aurelio Nabuco de Araujo. JoAQuiM Francisco de Assis Brasil. Gastao da Cunha. AlJ'REDO DE MoRAES GoMES FeRREIEA. Joao Panda Calogeras. Amaro Cavalcanti, JoAQUi^^i Xavier Silveira. Jose P. da Graqa Aran ha. Antonio da Fontoura Xavier. • For the United States of America : William I. Buchanan. L. S. RowE. A. J. Montague. TuLio Larrinaga, Paul, S. Reinsch. Van Leer Polk. For Chili: AnSELMO HeVIA RlQUELT\rB. Joaquin Walker Martinez. Luis Antonio Vergara. Adolfo Guerrero. 124 I hereby certify that the above and foregoinsr is a tnie copy of a convention adopted by the Third International Conference of the American States held at Rio de Janeiro, Brazil, July 23rd to August 27th, 1906. Done at Washington, D. C, February 7, A. D. 1907. JOAQUIM NaBUCO President of the 'Third International Conference of the Amencan States. And whereas the said Convention has been duly ratified by the United States of America, (by and with the advice and consent of the Senate thereof) and by the Governments of Colombia. Cuba, Guatemala, the United States of Mexico, Chile, Costa Rica, Nica- ragua, Ecuador, Honduras, Panama, and Salvador; Now. therefore, be it known that I, "William Howard Taft, Presi- dent of the United States of America, have caused the said Conven- tion to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this twenty-eighth day of Janu- ary in the year of our Lord one thousand nine hundred [seal] and thirteenth, and of the independence of the United States of America the one hundred and thirty-seventh. Wm H Taft By the President : P C Knox Secretary of State, 1906. Convention. STATUS OF NATURALIZED CITIZENS. Signed at Rio de Janeiro August 13^ 1906; ratification advised hy the Senate January 13, 1908; ratified hy the President January 16, 1909; ratification of the United States deposited tvith the Govern- ment of Brazil February 25, 1908; proclaimed January 28^ 1913. Articles. I. II. ac- III. Effect and duration of convention. IV. Method of denunciation. Renunciation of citizenship quired by naturalization. Presumption as to intention not to return to country where natural- ized. ESTABLISHING THE STATUS OF NATURALIZED CITIZENS WHO AGAIN TAKE UP THEIR RESIDENCE IN THE COUNTRY OF THEIR ORIGIN. Their Excellencies, the Presidents of Ecuador, Paraguay, Bolivia, Colombia, Honduras, Panama, Cuba, Peru, El Salvador, Costa Rica, the United States of Mexico, Guatemala, Uruguay, the Argentine 121 Republic, Nicaragua, the United States of Brazil, the United States of America, and Chile; Desiring that their respective countries should be represented at the Third International American Conference, sent, thereto, duly authorized to approve the recommendations, resolutions, conventions and treaties that they might deem convenient for the interests of America, the following Delegates : Ecuador — Dr. Emilio Arevalo; Olmedo Alfaro. Paraguay — Manufel Gondra; Arsenio Lopez Decoud; Gualberto Cardus y Huerta ; Bolivia — Dr. Alberto Gutierrez; Dr. Carlos V. Romero; Colomhia — Rafael Uribe Uribe; Dr. Guillermo Valencia; Honduras — Fausto Davila ; Panama — Dr. Jose Domingo de Obaldia ; Guha — Dr. Gonzalo de Quesada; Rafael Montoro; Dr. Antonio Gonzalez Lanuza ; Peru — Dr. Eiigenio Larrabure y Unanue; Dr. Antonio JVIiro Quesada; Dr. Mariano Cornejo; El Salrador — Dr. Francisco A. Reyes; Costa Pica — Dr. Ascencion Esquivel; (125) 126 United States of .Vexico — Dr. Francisco Leon de La Barra; Ricardo Molina-Hiibbo : Ricardo Garcia Granados; Guatemala — Dr. Antonio Batres Jaureo^ui ; Uruguay — Luis Melian Lafinur; Dr. Antonio Maria Bodrio:nez; Dr. Gonzalo Ramirez; Argentine Republic — Dr. J. V. Gonzalez; Dr. Jose A. Terry; Dr. Eduardo L. Bidau ; Nicaragua — Luis F. Corea ; United States of Brazil — Dr. Joaquim Aurelio Nabuco de Araiijo; Dr. Joaquim Francisco de Assis Brasil ; Dr. Gastiio da Cunha ; Dr. Alfredo de Moraes Gomes Ferreira; Dr. Joao Pandia Calogeras; Dr. Amaro Cavalcanti; Dr. Joaquim Xavier da Silveira; Dr. Jose P. da Graga Aranha ; Antonio da Fontoura Xavier; United States of America — William I. Buchanan: Dr. L. S. Rowe; A. J. Montague; Tulio Larrinaga; Dr. Paul S. Reinsch; Van Leer Polk; Chill — Dr. Anselmo Hevia Riquelme; Joaquin Walker Martinez; Dr. Luis Antonio Vergara ; Dr. Adolfo Guerrero; WA\o, after having communicated to each otlier their respective full powers and found them to be in due and proper form, have agreed, to celebrate a Convention establishing the status of natural- ized citizens -who again take up their residence in the country of their origin, in the following terms: Art. I. If a citizen, a native of any of the countries signing the present Convention, and naturalized in another, shall again take up his residence, in his native country without the intention of returning to the country in which he has been naturalized, he will be considered as having reassumed his original citizenship, and as having renounced the citizenship acquired by the said naturalization. Art. II. The intention not to return will be presumed to exist when the naturalized person shall have resided in his native country for more than two years. But this presumption may be destroyed by evidence to the contrary. Art. III. This Convention will become effective in the countries that ratify it, three months from the dates upon, which said rati- fications shall be communicated to the Government of the United States of Brazil; and if it should be denounced by any one of them, it shall continue in effect for one year more, to count from the date of such denouncement. Art. IV. The denouncement of this Convention by any one of the signatory States shall be made to the Government of the United States of Brazil and .shall take effect only with regard to the country that may make it. In testimony whereof the Plenipotentiaries and Delegates have signed the present Convention, and affixed the Seal of the Third In- ternacional American Conference. Made in the city of Rio de Janeiro the thirteenth of August nine- teen hundred and six, in English, Portuguese, and Spanish, and de- posited with the Secretary of Foreign Affairs of the United States of Brazil, in order that certified copies thereof bo made, and sent through diplomatic channels to the signatory States. For Ecuador: Emilio Arevalo. Olmedo Alfaro, 127 For Paraguay: For Bolivia: For Colombia: For Honduras: For Panama: For Cuba: For Peru. For El Salvarlor: For Costa Rica: AsCENCioN ESQUIVEL. For the United States of INIexico: Francisco Leon de La Barra. RiCARDO MoLINA-HtJBBE. RiCARDo Garcia Granados. Manoel Gondra. Arsenio Lopez Decoud. Gualberto Cardus y Huerta* Alberto Gutierrez. Carlos V. Ro.aiero. Rafael Uribe Uribe. GuiLLER:\ro Valencia, Fatisto Da VILA. Jose Doimingo de Obaldia. gonzalo de quesada. Rafael Montoro. Antonio Gonzalez Lanuza. EuGENio Larrabure y IJnanub, Antonio Miro Quesada. Mariano Cornejo. Francisco A, Reyes. For Guatemala: For Uruguay: Antonio Batres Jauregui. Luis Melian Lafinur. Antonio IMaria Rodriguez. GoNZALO Ra^MIREZ. For the Argentine Republic: J. V, Gonzalez. Jose A. Terry. Eduardo L. Bidatj. For Nicaragua: Luis F. Corea. For the United States of Brazil: JoAQui:vr Ax^relio Nabuco de ARAUJa Joaquim Francisco de Assis Brasil. Gastao da Cunha. Alfredo de Moraes Gomes Ferreira. Joao Pandia Calogeras. Amaro Cavalcanti. Joaquim Xavier da Silvetra. Jose P. da Graca Aranha. Antonio da Fontoura Xavier. 128 For the United States of America: Willia:m I. Buchanan. L. S. RowE. A. J. Montague. TuLio Larrinaga. Paul. S. Reinsch. Van Leer Polk. For Chili: Anselmo Hevia Riquelme. Joaquin AValker Martinez. Luis Antonio Vergara. Adolfo Guerrero. I hereby certify that the above and foregoing is a true copy of a convention adopted by the Third International Conference of the American States held at Rio de Janeiro, Brazil, Julv 23rd to August 27th. 1906. Done at Washington, D. C, February 7, A. D. 1907. JOAQUIM NaBUCO, President of the Third International Conference of the American States. And whereas the said Convention has been duly ratified by the United States of America, (by and with the advice and consent of the Senate thereof) and hy the Governments of Colombia, Chile, Costa Rica, Nicaragua, Guatemala, Brazil, the United States of Mexico, Ecuador, Honduras, Panama, Salvador, and the Argentine Republic; Now. therefore, be it known that I, William Howard Taft, Presi- dent of the United States of America, have caused the said Conven- tion to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this twenty-eighth day of January in the year of our Lord one thousand nine hundred and [seal,.] thirteen, and of the Independence of the United States of America the one hundred and thirty-seventh. Wm H Taft By the President: P C Knox Secretary of State, 1906. Convention. INTERNATIONAL LAW COMMISSION. Signed at Rio de Janeiro August 23, 1906; ratification advised hy the Senate Fehniary 3, 1908; ratified by the President February 5, 1908; proclaimed May 1, 1912. Articles. I. Composition of International Counnission of Jurists. II. Notice of appointment of mem- bers of commission. III. First meeting. IV. Creation of committee. V. Scope »t worlc. VI. Expenses. VII. Principles. VIII. Ratification. Their Excellencies, the Presidents of Ecuador, Paraguay, Bolivia, Colombia, Honduras, Panama, Cuba, Peru, the Dominican Kepublic, El Salvador, Costa Eica, the United States of Mexico, Guatemala, Urugua}-, the Argentine Kepublic, Nicaragua, the United States of Brazil, the United States of America, and Chile; Desiring that their respective countries should be represented at the Third International American Conference, sent, thereto, duly authorized to approve the recommendations, resolutions, conven- tions and treaties that they might deem convenient for the interests of America, the following delegates: Ecuador — Dr. Emilio Arevalo; Olmedo Alfaro. Paraguay — Manuel Gondra; Arsenio Lopez Decoud; Gualberto Card us y Huerta ; Bolivia — Dr. Alberto Gutierrez; Dr. Carlos V. Romero; Colombia — Rafael Uribe Uribe; Dr. Guillermo Valencia; Honduras — Fausto Davila. Panama — Dr. Jose Domingo de Obaldia. Ciiba — Dr. Gonzalo de Quesada; Rafael Montoro; Dr. Antonio Gonzalez Lanuza; Dominican Republic — E. C. Joubert ; Peni — Dr. Eugenio Larrabure y Unanue; Dr. Antonio IVIiro Que- sada; Dr. Mariano Cornejo; El Salvador — Dr. Francisco A. Reyes ; Costa Rica — Dr. Ascencion Esquivel ; United States of Mexico — Dr. Francisco Leon de La Barra; Ri- eardo Molina-Hiibbe ; Ricardo Garcia Granados; Guatemala — Dr. Antonio Batres Jauregui ; Uruguay— Luis Melian Lafinur; Dr. Antonio Maria Rodriguez; Dr. Gonzalo Ramirez; Argentine Republic— Dr. J. V. Gonzalez; Dr. Jose A. Terry; Di\ Eduardo L. Bidau; (129) 76844°— S. Doc. 1063, 62-3 9 130 Nicaragua — Luis F. Corea; United States of Brazil— Dv. Joaquim Aiirelio Nabuco de Aran jo; Dr. Joaquim Francisco de Assis Brasil; Dr. Gastfit da Cunha ; Dr. Alfredo do Morae.s Gomes Ferreira ; Dr. Joao Pandia Calogeras; Dr. Amaro Cavalcaiiti ; Dr. Joaquim Xavier da Silveira ; Dr. Jose P. da Graga Aranha; Antonio da Fontoura Xavier; United States of America — William I. Buchanan; Dr. L. S. Rowe; A. J. Montague ; Tulio Larrinaga ; Dr. Paul S. Reinsch ; Van Leer Polk; ChiJi — Dr. Anselmo Hevia Riquelme; Joaquin Walker Martinez; Dr. Luis Antonio Vergara; Dr. Adolfo Guerrero; Who, after having communicated to each other their respective full powers and found them to be in due and proper form, have agreed, to establish an international Commission of Jurists, in the following terms: Art. 1. There shall be established an international Commission of Jurists, composed of one representative from each of the signatory States, appointed by their respective Governments, which commission shall meet for the purpose of preparing a draft of a Code of Private International Law and one of Public International Law, regulating the relations between the Nations of America. Two or more Govern- ments may appoint a single representative, but such representative shall have but one vote. Art. 2. Notice of the appointment of the members of the Commis- sion shall be addressed by the Governments adhering to this Conven- tion, to the Government of the United States of Brazil, which shall take the necessary steps for the holding of the first meeting. Notice of these appointments shall be communicated to the Govern- ment of the United States of Brazil before April 1st, 1907. Art. 3. The first meeting of said Commission shall he held in the City of Rio de Janeiro during the year 1907. The presence of at least twelve of the representatives of the signatory States shall be necessary for the organization of the Commission. Said Commission shall designate the time and place for subsequent sessions, provided, however, that sufficient time be allowed from the date of the final meeting to permit of the submission to the signatory States of all drafts or all important portions thereof at least one year before the date fixed for the Fourth International American Con- ference. Art. 4. Said Commission after having met for the purpose of or- ganization and for the distribution of the work to the members thereof, may divide itself into two distinct committees, one to con- sider the preparation of a draft of a Code of Private International Law, and the other for the preparation of a Code of Public Inter- national Law. In the event of such division being made, the com- mittees must proceed separately until they conclude their duties, or else as provided in the final clause of article three. In order to expedite and increase the efficiency of this work, both committees may request the Governments to assign experts for the consideration of especial topics. Both committees shall also have the power to determine the period within which such special reports shall be presented. Art. 5. In order to determine the subjects to be included within the scope of the work of the Commission, the Third International Con- 131 ferencc recommends to the Commissions that they give special atten- tion to the subjects and principles wliich have been agreed upon in existing treaties and conventions, as v^'ell as to those which are in- corporated in the national laws of the American States, and further- more recommends to the special attention of the Commission the Treaties of Montevideo of 1889 and the debates relating thereto, as well as the projects of conventions adopted at the Second Interna- tional Conference of the American States held in Mexico in 1902, and the discussions thereon; also all other questions which give ])romiso of juridical progress, or which tend to eliminate the causes of misunderstanding or conflicts between said States. Art. G. The expense incident to the preparation of the drafts, in- cluding the compensation for technical studios made pursuant to article four, shall be defrayed by all the signator}?^ States in the pro- portion and form established for the support of the International Bureau of the American Republics, of "Washington, with the excep- tion of the compensation of the members of the Commission, which shall be paid to the representatives by their respective Governments. Art. 7. The Fourth Internatioanl Conference of the American States shall embody in one or more treaties, the principles upon which an agreement may be reached, and shall endeavor to secure their adoption and ratification by the Nations of America. Art. 8. The Governments desiring to ratify this Convention, shall so advise the Government of the United States of Brazil, in order that the said Government may notify the other Governments through diplomatic channels, such action taking the place of an exchange of Notes. In testimony whereof the Plenipotentiaries and Delegates have signed the present Convention, and affixed the Seal of the Third International American Conference. Made in the city of Rio de Janeiro the twenty-third day of August, nineteen hundred and six, in English, Portguese, and Spanish, and deposited with the Secretary of Foreign Affairs of the United States of Brazil, in order that certified copies thereof be made, and sent through diplomatic channels to the signatory States. For Ecuador — Emilio Arevalo, Olmedo AlJFaro. For Paraguay — Manoel Gondra, Arsenio Lopez Decoud, Gualberto Cardiis y Huerta. For Bolivia — Alberto Gutierrez, Carlos V. Romero. For Colombia — Rafael Uribe Uribe, Guillermo Valencia. For Honduras — Fausto Davila. For Panama — Jose Domingo de Obaldfa. For Cuba — Gonzalo de Quesada, Rafael Montoro, Antonio Gon- zalez Lanuza. For the Dominican Republic — Emilio C. Joubert. For Peru — Eugenio Larrabure y Unanue, Antonio Miro Quesada. Mariana Cornejo. For the United States of Brazil — Joaquim Aurelio Nabuco de Araujo, Joaquim Francisco de Assis Brasil, Gastao da Cunha, Alfredo de Moraes Gomes Ferreira, Joao Pandia Calogeras, Amaro Cavalcanti. Joaquim Xavier da Silveira, Jose P. da Graga Aranhn, Antonio da Fontoura Xavier. For El Salvador — Francisco A. Reyes. For Costa Rica — Ascension Esquivel. 132 For the United States of Mexico — Francisco Leon de La Barra, Ricardo Molina-Hiibbe, Ricardo Garcia Granados. For Guatemala — Antonio Batres Jauregui. For Uruguay — Luis Melian Lafinur, Antonio Maria Rodriguez, Gonzalo Ramirez. For the Argentine Republic — J. V. Gonzalez, Jose A. Terry, Edu- ardo L. Bidaii. For Nicaragua — Luis F. Corea. For the United States of A:merica — William I. Buchanan, L, S. Rowe, A. J. Montague, Tulio Larrinaga, Paul S. Reinsch, Van Leer Polk. For Chili — Anselmo Hevia Riquelme, Joaquin "Walker Martinez, Luis Antonio Vergara, Adolfo Guerrero. I hereby certify that the above and foregoing is a true copy of a convention adopted by the Third International Conference of the American States held at Rio de Janeiro, Brazil, July 23rd to August 27th, 1906. Done at Washington, D. C, February 7, A. D. 1907. JOAQUIM NaBUCO, President of the Third International Conference of the American States. And ^vhereas the said Convention has been duly ratified by the United States of America, (by and with the advice and consent of the Senate thereof) and by the Governments of the Argentine Repub- lic, Brazil, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador, Guatemala, Honduras, Mexico, Panama, Salvador and Uruguay : Now, therefore, be it known that I, William Howard Taft, Presi- dent of the United States of America, have caused the said Con- vention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this first day of May in the year of our Lord one thousand nine hundred and twelve, and [seal.] of the Independence of the United States of America the one hundred and thirty-sixth. Wm H Taft By the President : Huntington Wilson Acting Secretary of State, 1910.- Arrangement Between the United States and Other Po^vER3 Relative to the Repression of the Circulation of Obscene Publications. Signed at Pans May 4, 1910; rati-fication advised hy the Senate Jan- uai^j 13, 1911; ratified hy the President Fehruary 4, 1911 ; ratifica- tion of the United States deposited with the Government of the French Republic March IS, 1911; proclaimed April 13, 1911, Articles. I. Establishment or designation of authority. II. Correspondence. III. bulletins of sentences. IV, Adhesion by non-signatory powers. V. Effect; denunciation. VI. Ratification. VII. Enforcement in colonies. VIII. Date. ITranslation.] Arrangement Relative to the Repression of the Circulation OF Obscene Publications. The Governments of the Powers hereinbelow named, equally desirous of facilitating within the scope of their respective legisla- tion, the mutual interchange of information with a view to tracing and repressing offences connected with obscene publications, have resolved to conclude an arrangement to that end and have, in con- sequence, designated their plenipotentiaries who met in conference at Paris from April 18 to May 4, 1910, and agreed on the following provisions : Article I. Each one of the Contracting Powers undertakes to establish or designate an authority charged with the duty of (1) Centralizing all information which may facilitate the tracing and repressing of acts constituting infringements of their municipal law as to obscene writings, drawings, pictures or articles, and the constitutive elements of which bear an international character. (2) Supplying all infoimation tending to check the importation of publications or articles referred to in the foregoing paragraph and also to insure or expedite their seizure all within the scope of munici- pal legislation. « Adhered to by Denmark, April S, 1911; Germany for all German colonies, August 25, 1911; and by Canada, September 11, 191L (133) 134 (3) Commiinicatino: the laws that have aheady been or may sub- sequently be enacted in their respective States in regard to the object of the present Arrangement. The Contracting Governments shall mutually make loioAvn to one another, through the Government of the French Republic, the author- ity established or designated in accordance with the present Article. Article II. The authority designated in Article I shall be empowered to cor- respond directly with the like service established in each one of the other Contracting States. Article III. The authority designated in Article I shall be bound, if there be nothing to the contrary in the municipal law of its country, to com- municate bulletins of the sentences passed in the said countiy to the similar authorities of all the other Contracting States in cases of offences coming under Article I. Article IV. Non-Signatory States will be permitted to adhere to the present Arrangement. They shall notify their intention to that effect by means of an instrument which slu'.U be deposited in the archives of the Government of the French Republic. The said Government shall send through diplomatic channel a certified copy of the said instrument to each one of the Contracting States and shall at the same time apprize them of the date of deposit. Six months after that date the Arrangement will go into effect throughout the territory of the adhering State which will thereby become a Contracting State. Article V. The present Arrangement shall take effect six months after the date of deposit of the ratifications. In the event of one of the Contracting States denouncing it, the denunciation would only have effect in regard to that State. The denunciation shall be notified by an instrument which shall be deposited in the archives of the Government of the French Repub- lic. The said Government shall send through the diplomatic chan- nel a certified copy thereof to each one of the Contracting States and at the same time apprize them of the date of deposit. Twelve months after that date the Arrangement shall cease to be in force throughout the territory of the denouncing State. Article VI. The present Arrangement shall be ratified and the ratifications shall be deposited at Paris as soon as six of the Contracting States shall be in position to do so. 135 A proces verbal of every deposit of ratifications shall be drawn up and a certified copy thereof shall be delivered through the diplo- matic channel to each one of the Contracting States. Article VII. Should a Contracting State wish to enforce the present Arrange- ment in one or more of its colonies, possessions or consular court districts, it shall notify its intention to that effect by an instrument which shall be deposited in the archives of the Government of the French Republic. The said Government shall send through the dip- lomatic channel a certified copy to each one of the Contracting States and at the same time apprize it of the date of the deposit. Six months after that date the Arrangement shall go into effect in the colonies, possessions or consular court districts specified in the instnmient of notification. The denunciation of the Arrangement by one of the Contracting States in behalf of one or more of its colonies, possessions or consular court districts will be effected in the form and under the conditions set forth in the first paragraph of this Article. It will become opera- tive twelve months after the date of the deposit of the instrument of dontmciation in the archives of the Government of the French Republic. Article VIII. The present Arrangement Avhich will bear date of May 4, 1910, may be signed at Paris until the following 31st of July by the Pleni- potentiaries of the PoAvers represented at the Conference relative to the repression of the circulation of obscene publications. Done at Paris, the fourth day of May one thousand nine hundred and ten in a single copy of which a certified copy shall be delivered to each one of the signatory Powers. For Germany : ^L. s.) Signed Albrecht Leutze. (l. s.) Signed Curt Joel. For Austria and Hungary: (l. 8.) Signed A. Nemes, Charge (VAjfahes of AitstHa-Hungary. For Austria: (l. s.) Signed J. Eichiioff, Austrian Imyenal and Royal Section Counselor. For Hungary : (l. s.) Signed G. Lers, Hungarian Royal Ministerial Counselor. For Belgium: rL.s.) (L. S.) Signed Jules Lejeune, Signed Isidore Maus. For Brazil : (L.S.) Signed J. C. de Souza Bandeira. For Denmark: (L.8.) Signed C. E. CoT.n. 136 For Spain: (l. 8.) Signed For the United States: (l. s.) Signed For France: (l. 8.) Signed For Great Britain: fL. s.^ Signed IL. s.) Signed (l. s.) Signed For Italy : ^L. s.) Signed (l. s.) Signed For the Netherlands : ^L. s.) Signed (l. s.) Signed For Portugal: (l. s.) Signed For Russia : (l.. s.) Signed (l. s.) Signed For Switzerland: (l. s.) Signed OCTAVTO CUARTERO. A. BaILLY-BlAK CHARD, R. Berenger. E. W. Farnall. F. S. Bullock. G. A. AlTKEN. j. c. buzzatti. Gerolamo Calvi. A. DE Stuers, Rethaan Macare. Count de Souza Roza. Alexis de Bellegardb. Wladimir Derugiksky, Laedy, 1911. I. Vessels subject to provisions of convention. XII II. Remuneration. XIII III. Persons entitled to remunera- tion. IV. Kight of tug to remuneration. XIV V. Remuneration in case vessels belong to same owner. VI. Remuneration to be fixed by parties or court. XV. VII. Annullment of agreement. XVI VIII. Circumstances govern remu- neration fixed by court. XVII IX. Exemption of persons saved. XVIII. X. Limitation of actions. XIX. XI. Assistance to be rendered by master. International Convention for the Unification of Certain Rules of Law with Respect to Assistance and Salvage at Sea.<» Signed at Brussels September 23, 1910; ratification advised hy the Senate January 18, 1912; ratified by the President March 14, 1912; ratification of the United States deposited with the Govern- ment of Belgium January 25, 1913; deposit of ratifications closed February 1, 1913; convention effective March 1, 1913; proclaimed February 13, 1913. Articles. Notice of existing or proposed legislation. Scope of convention respect- ing national laws or inter- national treaties. Exemption of ships of war and ships devoted to public service. Application of provisions as to all persons. Call for new conference. Adhesion by non-signatory powers. Duration, ratification. Denunciation. [Translation.] Convention for the Unification of Certain Rules with Respect TO Assistance and Salvage at Sea. His Majesty the German Emperor, King of Prussia, in the name of the German Empire; the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia, etc. and Apostolic King of Hungary; His Majesty the King of the Belgians; the President of the United States of Brazil; the President of the Republic of Chili; the President of the Republic of Cuba; His Majesty the King of Denmark; His Majesty the King of Spain; the President of the United States of America; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; His Majesty the King of Italy; His Majesty the Emperor of Japan; the President of the United Mexican States; the President of the Republic of Nicaragua; His Majesty the King of Norway; Her Majesty the Queen of the Netherlands; His Majesty the King of Portugal and of the xVlgarves; His Majesty the King of Roumania; His Majesty the Emperor of all the Russias; His Majesty the King of Sweden ; the President of the Republic of Uruguay, •Act carrying treaty into effect see U. S. Stats., vol. 37, p. 242. (137) 138 Having recognized the utility of establishing in common accord certain uniform rules with respect to Assistance and Salvage at Sea, have decided to conclude a Convention to that efi'ect and appointed as their Plenipotentiaries, to wit: His Majesty the German Emperor, King of Prussia, in the name of the German Empire : Mr. Kracker von Schwartzenfeldt, Charge d' Affaires of Germany at Brussels. Dr. Struckmann, Regency High Privy Councillor, reporting Coun- sellor at the Department of Justice. The President of the Argentine Republic: His Excellency A. Blancas, Envoy Extraordinary and Minister Plenipotentiary of the Argentine Republic near the King of the Belgians. His Majesty the Emperor of Austria, King of Bohemia, &c, and Apostolic King of Hungary: For Austria and Hungary: His Excellency Count von Clary and Aldringen. His Envoy Extraordinary and Minister Plenipotentiary near the King of the Belgians. For Austria: Dr. Stephen Warms, Section Counsellor at the Imperial and Royal Austrian ^Ministry of Commerce. For Hungary: Dr. Francois de Nagy, Secretary of State on the retired list, Ordi- nary Professor at the Royal I^niversity of Budapest, Member of the Hungarian Chamber of Deputies. His Majesty the King of the Belgians: Mr. Beernaert, Minister of State, President of the International Maritime Committee. 'Slv. Capelle, Envoy Extraordinary and Minister Plenipotentiary; Director General of Trade Relations and the Consular Service at the Ministry of Foreign Affairs. Mr. Ch. Le Jeune, Vice President of the International Maritime Committee. Mr. Louis Franck, Member of the House of Representatives, Secre- tary General of the International Maritime Committee. Mr. P. Segers, Member of the House of Representatives. The President of the United States of Brazil: Dr. Roderigo Octavio de Langgaard Menezes, Professor of the Free Faculty of juridicial and social Sciences of Rio de Janeiro, IMember of the Brazilian Academy. The President of the Republic of Chile : His Excellency F. Puga-Borne, Envoy Extraordinary and Min- ister Plenipotentiary of the Republic of Chile near His Majesty the King of the Belgians. The President of the Republic of Cuba : Mr. Francisco Zayas y Alfonso, Minister Resident of the Republic of Cuba at Brussels. His Majesty the King of Denmark: Mr. W. de Grevenkop Castenskiold, Minister Resident of Den- mark at Brussels. Mr. Herman Barclay Halkier, member of the bar of the Supreme Court of Denmark. 139 His Majesty the King of Spain: His Excellency de Baguer y Corsi, His Envoy Extraordinary and Minister Plenipotentiary near His Majesty the King of the Belgians. Don Juan Spottorno, Auditor General of the Royal Navy. Don Ramon Sanchez Ocana, Chief of Division of the Ministi*y of Justice, foniier Magistrate of the territorial audiencia court. Don Faustino Alvarez del Manzano, Professor of the Central Uni- versity of Madrid. The President of the United States of America : INfr. Walter C. Noyes, Judge of the Circuit Court of the United States at New York. Mr. Charles C. Burlingham, Attorney at law, of New York. Mr. A. J. Montague, former Governor of the State of Virginia. Mr. Edwin W. Smith, attorney at law of Pittsburg. The President of the French Republic : His Excellency Beau, Envoy Extraordinary and Minister Plenipo- tentiary of the French Republic near His Majesty the King of the Belgians. Mv. Lyon-Caen, member of the Institute, Professor of the Faculty of law of Paris and of the School of Political Science, President of the French Association of Maritime Law. His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas. Emperor of India : His Excellency Sir Arthur Hardinge, K. C. B., K. C. M. G., His Envoy Extraordinary and Minister Plenipotentiary near His Maj- esty the King of the Belgians. The Honorable Sir William Pickford, Justice of the High Court of London. Mr. Leslie Scott, King's counsel, of London. The Honorable Hugh Godley, barrister, of London. His Majesty the King of the Hellenes : Mr. George Diobouniotis, Professor of the University of Athens. His Majesty the King of Italy: Prince de Castagneto Caracciolo, Charge d'Affaires of Italy at Brussels. Mr, Francois Berlingieri, Attorney at Law, Professor of the Uni- versity of Genoa. Mr. Francois Mirelli, Councillor of the Court of Appeals of Naples. Mr. Cesar Vivante, Professor of the University of Rome. His Majesty the Emperor of Japan : His Excellency K. Nakeshima, His Envoy Extraordinary and Minister Plenipotentiary near His Majesty the King of the Belgians. Mr. Yoshiyuki Irie, Attorney and Counselor of the Ministry of Justice of Japan. Mr. Takeyuki Ishikawa, Chief of the Division of Maritime Affairs at the Office of Communications of Japan. Mr. M. Matsuda, Second Secretary of the Legation of Japan at Brussels. The President of the United Mexican States: His Excellency Olarte, Envoy Extraordinary and Minister Pleni- potentiary of the United Mexican States near His Majesty the King of the Belgians. Mr. Victor Manuel Castillo, lawyer, Member of the Senate. 140 The President of the Republic of Nicaragua: !Mr. L. Vallez, Consul General of the Kepublic of Nicaragua at Brussels. His Majesty the King of Norway : His Excellency Dr. G. F. Hagerup, His Envoy Extraordinary and Minister Plenipotentiary near His Majesty the King of the Belgians. Mr. Christian Theodor Boe, Ship owner. Her Majesty the Queen of the Netherlands: Jonkheer P. R. A. Melvill van Carnbee, Charge d'AfTaires of the Netherlands at Brussels. Mr. W. L. P. A. Molengraaf, L. L. D., Professor of the University of Utrecht. Mr. B. C. J. Loder, L. L. D., Councillor of the Court of Cassation of The Hague. Mr. C. D. Asser, Jr., L. L. D., Attorney at Law of Amsterdam. His ]\Iajesty the King of Portugal and of the Algarv^es: Mr. Antonio Duarte de Oliveria Soares, Charge d'Alfaires of Por- tugal at Brussels. His Majesty the King of Roumania: His Excellency Djuvara, His Envoy Extraordinary and Minister Plenipotentiary near His Majesty the King of the Belgians. His Majesty the Emperor of all the Russias: Mr. C. Nabokoff, First Secretary of the Embassy of Russia at Washington. His Majesty the King of Sweden: His Excellency Count J. J. A. Ehrensvard. His Envoy Extraordi- nary and Minister Plenipotentiaiy near His Majesty the King of the Belgians. Mr. Einar Lange, Manager of the Steamship Insurance Society of Sweden. The President of the Republic of Uruguay: His Excellency Luis Garabelli, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Uruguay near His Majesty the King of the Belgians. Who, duly authorized thereto, have agreed upon the following: Article 1. Assistance and salvage of seagoing vessels in danger of any things on board, of freight and passage money, and also services of the same nature rendered to each other by seagoing vessels and vessels of inland navigation are subject to the following provisions, without any distinction being drawn between the two kinds of service and in whatever waters the services have been rendered. Article 2. Every act of assistance or salvage which has had a useful result gives a right to equitable remuneration. No remuneration is due if the services rendered have no beneficial result. In no case shall the sum to be paid exceed the value of the prop- erty salved. 141 Article 3. Persons who have taken part in salvage operations, notwithstand- ing the express and reasonable prohibition on the part of the vessel to which services were rendered, have no right to any remuneration. Article 4. A tug has no right to remuneration for assistance to or salvage of the vessel she is towing or of the vessel's cargo except where she has rendered exceptional services which can not be considered as rendered in fulfilment of the contract of towage. Article 5. Remuneration is due notwithstanding that the salvage services have been rendered by or to vessels belonging to the same owner. Article 6. The amount of remuneration is fixed by agreement between the parties, and, failing agreement, by the court. The proportion in which the remuneration is to be distributed among the salvors is fixed in the same manner. The apportionment of the remuneration among the owner, master, and other persons in the service of each salving vessel is determined by the law of the vessel's flag. Article 7. Every agreement as to assistance or salvage entered into at the moment and under the influence of danger can, at the request of either party, be annulled or modified by the court if it considers that the conditions agreed upon are not equitable. In all cases, when it is proved that the consent of one of the parties is vitiated by fraud or concealment, or when the remuneration is, in proportion to the services rendered, in an excessive degree too large or too small, the agreement may be annulled or modified by the court at the request of the party affected. Article 8. The remuneration is fixed by the court, according to the circum- stances of each case, on the basis of the following considerations: (a) First, the measure of success obtained, the efforts and the de- serts of the salvors, the danger run by the salved vessel, by her pas- sengers, crew and cargo, b}' the salvors and by the salving vessel, tlio time expended, the expenses incurred and losses suffered, and the risks of liability and other risks run by the salvors, and also tlie value of the property exposed to such risks, due regard being had. the case arising, to the special adaptation of the salvor's vessel: (b) second, the value of the property salved. The same provisions apply to the apportionment provided for by the second paragraph of article 6. 142 The court may reduce or denv remuneration if it appears that the salvors have by their fault rendered the salvage or assistance neces- sary, or have been guilty of theft, receiving stolen goods, or other acts of fraud. Article 9. No remuneration is due from the persons whose lives are saved, but nothinfj in this article shall atfect the provisions of the national laws on this subject. Salvors of human life who have taken part in the services ren- dered on the occasion of the accident, giving rise to salvage or assist- ance, are entitled to a fair share of the remuneration awarded to the salvors of the vessel, her cargo, and accessories. Article 10. A salvage action is barred after an interval of two years from the day on which the operations of assistance or salvage are terminated. The grounds upon which the said period of limitation may be sus- pended or interrupted are determined by the law of the court where the case is tried. The High Contracting Parties reserve to themselves the right to provide by legislation in their respective countries that the said periods shall be extended in cases where it has not been possible to arrest the vessel assisted or salved in the territorial waters of the State in which the plaintiff has his domicile or principal place of business. Article 11. Every master is bound, so far as he can do so without serious danger to his vessel, her crew and passengers, to render assistance to everybody, even though an enemy, found at sea in danger of being lost. The owner of the vessel incurs no liability by reason of contra- vention of the foregoing provision. Article 12. The High Contracting Parties whose legislation does not forbid infringements of the preceding article bind themselves to take or to propose to their respective legislatures the measures necessary for the prevention of such infringements. The High Contracting Parties will communicate to one another, as soon as possible, the laws or regulations which have already been or may be hereafter promulgated in their States for the purpose of giving effect to the above undertakings. Article 13. The convention does not affect the provisions of national laws or international treaties as regards the organization of services of assistance and salvage by or under the control of public authorities, i nor, in particular, does it affect such laws or treaties on the subject ! of the salvage of fishing gear. 143 Artici^ 14. This convention does not apply to ships of war or to Government ships appropriated exclusively to a public service. Article 15. The provisions of this convention shall he applied as regards all persons interested when either the assi.slinfr or .'-;!ilvin<]^ vessel or the vessel assisted or salved belongs to one of the contracting States, and in any other cases for which the national laws provide. Provided always, that : 1. As regards persons interested who belong to a noncontracting State the application of said provisions may be made subject by each of the contracting States to the condition of reciprocity. 2. Where all the persons interested belong to the same State as the court trying the case, the provisions of the national law and not of the convention are applicable. 3. Without prejudice to any wider provisions of any national laws, article 11 only applies as between vessels belonging to the States of the High Contracting Parties. Article 16. Any one of the High Contracting Parties shall have the right three years after this convention comes into force to call for a fresh conference with a view to seeking such ameliorations as may be brought therein, and particularly with a view to extending, if pos- sible, the sphere of its application. Any power exercising this right must notify its intention to the other powers, through the Belgian Government, which will see to the convening of the conference within six months. Article 17. 9 States which have not signed the convention are allowed to adhere to it on request. Such adhesion shall be notified through the diplo- matic channel to the Belgian Government and by the latter to each of the other Governments. It shall become effective one month after the sending of the notification by the Belgian Government. Article 18. The convention shall be ratified. After an interval of at most one year from the day on which the convention is signed, the Belgian Government shall place itself in communication with the Governments of the High Contracting Par- ties which have declared themselves prepared to ratify the conven- tion with a view to deciding whether it is expedient to put into force. The ratification shall, if so decided, be deposited forthwith at Brus- sels, and the convention shall come into force a month afterwards. The protocol shall remain open another year in favor of the States represented at the Brussels Conference. After this interval *.hey can only adhere to it on conforming to the provisions of Article 17. 144 Abticle 19. In the case of one or other of the Hi^h Contracting; Parties de- nouncinir this convention, such denunciation should not take effect until a year after the day on Avhich it has been notified to the Belgian Government, and the convention would remain in force as between the other Contractino; Parties. In witness whereof the plenipotentiaries of the respective High Contracting Parties have signed this convention and have aflixed their seals thereto. Done at Brussels, in a single copy, the 23rd September, 1910. For Germany: Kracker von Schwartzenfeijjt. Dr. G. Struckmann. For the Argentine Republic: Alberto Blancas. For Austria and Hungary: S. Clary and Aldringen. For Austria: For Hungary: For Belgium: Stephen Worms. Dr. Francois de Nagt. A. Beernaert. Capelle. Ch. LeJeune. Louis Franck. Paul Segers. For the United States of Brazil: RODERIGO OCTAVIO DE LaNGGAARD MeNEZES. For Chile: F. PUGA-BORNE. For the Republic of Cuba : Dr. F. Zayas. For Denmark: W. Grevenkop Castenskiold, Herman Halkier. For Spain: Arturo de Baguer. Juan Spottorno. Damon Sanchez de Ocana. Faustino a. del Manzano. For the United States of America : Walter C. Noyes. Charles C. Burlingham, A. J. Montague. Edwin W. Smith. For France: For Great Britain For Greece: For Italy: 145 Beau. Ch. Lyon -Caen. Arthur H. Hardingb. W. PiCKFORD. Leslie Scott. Hugh Godley. G. DiOBOUNIOTIS. Prince de Castagneto. Francesco Berlingieri, Francesco M. Mirelu, Prof. Cesar Vivante. For Japan: K. Nabeshima. Y, Irie. T. ISHIKAWA, M. Matsuda. For the United Mexican States: Enrique Olarte. Victor Manuel Castillo. For Nicaragua: Leon Vallez. For Norway: Hagerup. Chr. Th. Bob. For the Netherlands : P. K. A. Melvill van Carnbei, MOLENGRAAFF. LODER. C. D. ASSER. For Portugal: For Roumania: For Russia : For Sweden: For Uruguay: A. D. DE Oliveira Soares. T. G. Djuvara. C. Nabokoff. Albert Ehrensvard, EiNAR LaNGE. Luis Garabelli, 76844°— S. Doc. 1063, 62-3 10 146 Report of the American Delegation on the Convention Helatinq TO Salvage. To the honorable the Secretary of State: The delegates of the United States designated to attend the recon- vening of the Third International Conference on Maritime Law at Brussels on September 12, 1910, have the honor to report: In accordance with our instructions from the Department of State, we attended and participated in the sessions and deliberations of the reconvened conference. Mr. Gaston de Leval, the Belgian advocate who assisted us at the last session, again aided us as counsel, and we desire to express our appreciation of his services. At the opening of the conference we stated that we were authorized to sign the convention relating to collisions, with certain reservations, and that we were authorized to sign without reservations the conven- tion relating to salvage. xVt the same time we stated that under the Constitution of the United States of America no treaty can become effective until approved by the Senate. On September 23. 1910, we signed the convention relating to the law of salvage, making one reservation, as follows: The Government of the United States of America declares that it reserves the right to adhere to said convention and to denounce it for the insular possessions of the United States of America. Annexed hereto is a translation of the convention, which is iden- tical with that adopted by the British delegates." No official trans- lation of the convention was made or authorized by the conference. The convention on salvage makes few changes in our own or the British law except that article 5 provides that " remuneration is due notwithstanding that the salvage services have been rendered by or to vessels belonging to the same owner." This provision will permit the officers and crew of a salving vessel to recover for their services notwithstanding identity of ownership. It will also affect the right of subrogation of underwriters. The provision would, of course, apply only in a limited number of cases ; but we deemed the provision just and unobjectionable. Article 9 contains a reasonable provision for salvors of human life, limiting the recovery, however, to cases where property also has been salved. Article 10 prescribes a limitation period of two years for bringing suits for salvage. Awaiting your further instructions, we have the honor to be, sir, Your obedient servants, Walter C. Notes. Charles C. Bdrlingham. Edwin ^Y. Smith. A. J. Montague. "The translation printefl below contnins some niodUifations recommended by Mr. Martin, one of tbe translators of the Department of State. 147 Convention foe the UNincATioN of Ckrtain Rui.es of Law as Rex)abd9 Assist- ANCt; AND Salvage at Sea. [Translation from French.] Abticle 1. Assistance and salvage of seagoinfj ves.«ols in rliuiRor of any tilings on board, of froiglit and passage money, and also services of tlie same nature rendered to each otlier by seagoing vessels and vessels of inland navigation are subject to tlie following provisions, without any distinction being drawn between the two kinds of service and in whatever waters the services have been rendered. Article 2. Every act of assistance or salvage which has had a useful result gives a right to equitable remuneration. No remuneration is due if the services rendered have no beneficial result. In no case shall the sum to be paid exceed the value of the property salved. Article 3. Persons who have taken part in salvage operations, notwithstanding the ex- press and reasonable prohibition on the part of the vessel to which services were rendered, have no right to any remuneration. Article 4. A tug has no right to remuneration for assistance to or salvage of the vessel she is towing or of the vessel's cargo except where she has rendered exceptional services which can not be considered as rendered in fulfilment of the contract of towage. Article 5. Remuneration is due notwithstanding that the salvage services have been ren- dered by or to vessels belonging to the same owner. Article 6. The amount of remuneration is fixed by agreement between the parties and, failing agreement, by the court. The proportion in whicli the remuneration is to be distributed among the salvors is fixed in the same manner. The apportionment of the remuneration among the owner, master, and other persons in the service of each salving vessel is determined by the law of the vessel's flag. Article 7. Every agreement as to assistance or salvage entered into at the moment and under the influence of danger can. at the request of either party, be annulled or modified by the court if it considers that the conditions agreed upon are not equitable. In all cases, when it is proved that the consent of one of the parties is viti- ated by fraud or concealment, or when the remuneration is. in ju-oportion to the services rendered, in an excessive degree too largo or too small. iW .■igreomeut may be annulled or modified by the court at the request of the party aflected. Article 8. The remuneration is fixed by the court, according to the circumstances of each case, on the basis of the following considerations: (a) First, the measure of success obtained, the efforts and the deserts of the salvors, the danger run by the salved vessel, by her passengers, crew, and cargo, by the salvors and by the salving vessel, the time expended, the expenses incurred and losses suffered, and the risks of liability and other risks run by the salvors, and also the value <«f the property exposed to such risks, due regard being had. the case arising, to the 14S special adaptation of the salvor's vessel; (b) second, the value of the property salved. The same provisions apply to the apportionment provided for by the second paragraph of article 6. The court may reduce or deny remuneration if it appears that the salvors Lave by their fault rendered the salvage or assistance necessary, or have been guilty of theft, receiving stolen goods, or other acts of fraud. Article 9. No remuneration Is due from the persons whose lives are saved, but nothing in this article shall affect the provisions of the national laws on this subject. Salvors of human life who have taken part in the services rendered on the occasion of the accident, giving rise to salvage or assistance, are entitled to a fair share of the remuneration awarded .to the salvors of the vessel, her cargo, and accessories. Abticle 10. A salvage action is barred after an interval of two years from the day on which the operations of assistance or salvage are terminated. The grounds upon which the said period of limitation may be susi>ended or interrupted are determined by the law of the court where the case is tried. The High Contracting Parties reserve to themselves the right to provide by legislation in their respective countries that the said periods shall be extended in cases where it has not been possible to arrest the vessel assisted or salved in the territorial waters of the State in which the plaintiff has his domicile or principal place of business. Article 11. Every master is bound, so far as he can do so without serious danger to his vessel, her crew and passengers, to render assistance to everybody, even though an enemy, found at sea in danger of being lost. The owner of the vessel Incurs no liability by reason of contravention of the foregoing provision. Article 12. The High Contracting Parties whose legislation does not forbid Infringements of the preceding article bind themselves to take or to propose to their respec- tive legislatures the measures necessary for the prevention of such infringe- ments. The High Contracting Parties will communicate to one another, as soon as possible, the laws or regulations which have already been or may be hereafter promulgated in their States for the purpose of giving effect to the above under- takings. Article 13. The convention does not affect the provisions of national laws or international treaties as regards the organization of services of assistance and salvage by or under the control of public authorities, nor, in particular, does it affect such laws or treaties on the subject of the salvage of fishing gear. Article 14. This convention does not apply to ships of war or to Government ships ap- propriated exclusively to a public service. Article 15. The provisions of this convention shall be applied as regards all persons in- terested when either the assisting or salving vessel or the vessel assisted or salved belongs to one of the contracting States, and in any other cases for which the national laws provide.- Provided always, that: 1. As regards persons interested who belong to a noncontractlng State the :;pplication of said provisions may be made subject by each of the contracting States to the condition of reciprocity. 149 2. Where all the rxrsoiis Interested liolonp to the s.-inie Stiite nB the court trying the case, the provisions of the national law and not of the convention are applicable. 3. Without prejudice to any wider provisions nf any national laws, article 11 only applies as between vessels belonging to tlie .States of the High Contracting Parties. Article 16. Any one of the High Contracting Parties shall have the right three years after this convention conies into force to call for a fresh conference with a view to seeking such anieliorations as may be brought tiicrein, and particularly with a view to extending, if possil)ie, tlie sphere of its application. Any power exercising this right must notify its intention to the other powers, through the Belgian Government, which will see to the convening of the confer- ence within six mouths. Article 17. States which have not signed the convention are allowed to adhere to It on request. Such adhesion shall be notified through the diplouiatic channel to the Belgian Government and by the latter to each of the other Governments. It shall become effective one month after the sending of the notification by the Belgian Government. Article 18. The convention shall be ratified. After an Interval of at most one year from the day on which the convention is signed, the Belgian Government shall place itself in communication with the Governments of the High Contracting Parties which have declared themselves prepared to ratify the convention with a view to deciding whether it is expedient to put into force. The ratifications shall, if so decided, be deposited forthwith at Brussels, and the convention shall come into force a month afterwards. The protocol shall remain open another year in favor of the States repre- sented at the Brussels Conference. After this interval they can only adhere to it on conforming to the provisions of article 17. Article 19. In the case of one or other of the High Contracting Parties denouncing this convention, such denunciation should not take effect until a year after the day on which it has been notified to the Belgian Government, and the convention would remain in force as between the other Contracting Parties. In witness whereof the plenipotentiaries of the respective High Contracting Parties have signed this convention and have affixed their seals thereto. Done at Brussels, in a single copy, the 23d September, 1910. Appendix A. SIGNATURE PROTOCOL EXTENDING CONVENTIONS TO COLONIES. fTransIation.] At the moment of proceeding to sign the conventions for the rendering uniform of certain rules in the matter of collisions and of maritime assistance and salvage, concluded on this date, the under- signed plenipotentiaries have agreed to the following: The provisions of said conventions will be applicable to the colonies and possessions of the contracting powers, subject to the following reservations : I. The German Government declares that it reserves the right to decide with regard to the colonies. It reserves the right, with respect to each of them separately, to accede to and denounce the conventions. 150 If. Tlie Danish Government declares that it reserves the ri<;ht to accede to and denounce said conventions ^vith respect to Icehind and the Danish colonies and possessions separately. III. The Government of the United States of America declarer that it reserves the right to accede to and denounce said conventions with respect to the insular possessions of the United States of America. IV. The Government of His Britannic Majesty declares that it reserves the right to accede to and denounce said conventions with respect to each of the British colonies, protectorates, and territories £eparateh', tis well as with respect to the island of Cyprus. V. The Italian Government reserves the right to accede subse- quently to the conventions with respect to the Italian dependencies and colonies. VI. The Government of the Netherlands reserves the right to accede subsequently to the conventions with respect to the Dutch colonies and possessions. VII. The Portuguese Government declares that it reserves the right to accede subsequently to the conventions with respect to the Portuguese colonies. These accessions may be notified either by means of a general declaration comprising all the colonies and possessions or by spc«cial declarations. "With regard to the accessions and denunciatioiis, the procedure prescribed in the two conventions of this date will be fol- lowed if necessary. It is understood, however, that the said acces- sions may also be embodied in the record of the ratifications. In witness whereof the undersigned plenipotentiaries have drawn up the present protocol, which shall have the same force and value as if its provisions were inserted in the text of the conventions to which thej relate. Done at Brussels, in a single copy, September 23, 1910. (Signatures of delegates.) And whereas, the said Convention has been duly ratified by the Government of the United States, by and with the advice and con- sent of the Senate thereof, and by the Governments of German}'^, Austria-Hungary, Belgium, France, Great Britain, Mexico, Nether- lands, Roumania, and Russia, and the ratifications of the said Govern- ments were, by the provisions of Article 18 of the said Convention, deposited by their respective plenipotentiaries witli the Government of Belgium ; Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be aflixed. Done at the City of Washington this thirteenth day of February in the year of our Lord one thousand nine hundred and [sEAi..] thirteen, and of the Independence of the United States of America the one hundred and thirty-seventh. Wm H Taft By the president: P C Knox Secretary of State. 1906. International AYirkless Tklegrapii Convention." The following convention Avill be suiiersedetl by the international wireless tele^ u 3 o.: 11 o a a CUO n . ■^^ -S 5 OS « •- sa o O a (b) SHIPBOARD STATIONS. Name. C3 0> &■§ « '^ ^■a .5 a >> 2 ° 4-3 v: 'S 1 H (O OT 1.9 1 ;? S o a o J3 o a> a 09 ^ ? o ® > fc- > 03 O — B a> o © CO o-Q ■Sa 3 o a a a a C3 Q ^a ■- 3 ^B o! O .o c 3 w 179 Extract from the International Telegraph Convention, Signed AT St. Petersburg, July 10-22, 1875. [See article 17 of the convention.] Abticles. I. Right to correspond by liiter- untional telegraphs. II: Secrecy and safety of transmis- sion of messages. III. Responsibility as regards service. V. Classitication of telegrams. VI. Exchange of telegrams in secret language. VII. liight to intercept private tele- grams which may ap{)ear dan- gerous or contrary to laws of the country. VIII. XI. XII. XVII. Right to suspend service. Transmission of telegrams re- lating to telegraph service. Accounts. Reservation with respect to special agroemonts regarding service which do not interest States generally. Article 1. The High Contracting Parties concede to all persons the right to correspond by means of the international telegraphs. Article 2. They bind themselves to take all the necessary measures for the purpose of insuring the secrecy of the correspondence and its safe transmission. Article 3. They declare, nevertheless, that they accept no responsibility as regards the international telegraph service. Article 5. Telegrams are classed in three categories: 1. State telegrams : those emanating from the Head of the Nation, the Ministers, the Commanders-in-Chief of the Army and Naval forces, and the Diplomatic or Consular Agents of the Contracting Governments, as well as the answers to such telegrams. 2. Service telegrams : those which emanate from the Managements of the Telegraph Service of the Contracting States and which relate either to the international telegraph .service or to subjects of public interest determined jointly by such Managements. 3. Private telegrams. In (ho transmission, the State telegrams shall have precedence over other telegrams. Article 6. State telegrams and service telegrams may be issued in secret lan- guage, in any communications. Private telegrams may be exchanged in secret language between two States which admit of this mode of correspondence. 180 The States which do not admit of private telegrams in secret language upon the expedition or arrival of the same, shall allow them to pass in transit, except in the case of suspension defined in -article 8. Article 7. The High Contracting Parties reserve the right to stop the trans- mission of any private telegram which ma}^ appear dangerous to the safely of the State, or which may be contrary to the laws of the country, to public order or good morals. Article 8. Each Government also reserves the right to suspend the inter- national telegraph service for an indefinite period, if deemed neces- sary by it, either generally, or only over certain lines and for certain classes of correspondence, of which such Government shall imme- diately notify all the other Contracting Governments, Article 11. Telegrams relating to the international telegraph service of the Contracting States shall be transmitted free of charge over the entire systems of such States. Article 12. The High Contracting Parties shall render accounts to one another of the charges collected by each of them. Article 17. The High Contracting Parties reserve respectively the right to enter among themselves into special arrangements of any kind with regard to points of the service which do not interest the States generally. And whereas, the said convention, with service regulations an- nexed thereto, the supplementary agreement, and the final protocol have been ratified by the Government of the United States, by and with the advice and consent of the Senate thereof, and by the Gov- ernments of Germany, the Argentine Republic, Austria, Hungary, Belgium, Brazil, Bulgaria, Denmark, Spain, France, Great Britain, Japan, Mexico, Monaco, Norway, Netherlands, Persia, Portugal, "Roumania, Russia, Sweden, and Turkey, and the ratifications of the said Governments were, by the provisions of Article 23 of the said convention, deposited by their respective Plenipotentiaries with the German Government; And whereas, the said convention has been adhered to bv the Gov- ernments of IVforocco and Zanzibar, by the Government of Austria- Hungary on behalf of Bosnia and Herzegovina, by the Government of Belgium on behalf of the Kongo Colony, by the Government of Great Britain on behalf of tlic South African Union, by the Govern- ment of Japan on behalf of Korea, Formosa, the Japanese part of 181 Sagrhnlin Island and the leased portion of the Kwan^ung Peninsula, by the Government of the Netherlands on behalf of the Dutch Indies and Curasao Colony, and by the Government of Portugal on behalf of Angola, Mozambique, Cape Verde Islands, Guinea, St. Thomas and Prince's Islands, Goa, Damao, Diu, Macao, and Timor; Now, TiiEREKORK, be it Icnown that I, William Howard Taff, President of the United States of America, have caused the said con- vention and annexes to be made public, to the end the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this twenty-fifth day of May in the year of our Lord one thousand nine hundred and twelve, [seal.] and of the Independence of the United States of America the one hundred and thirty -sixth. Wm H Taft By the President : P C Knox Sea^etary of State INDEX. Treaties, conventions, protocols, and agreements in forct. Abduction — '*»s«. extxadition of hij^itives for crime of, Dominican Republic, 1909 27 France, 1909 34 Abortion — extradition of fugitives for crime of, Dominican Republic, 1909 , 26 France, 1909 34 Honduras, 1909 72 Salvador, 1911 107 Accessory — subject to extradition, Dominican Republic, 1909 27 Honduras, 1909 73 Salvador, 1911.... 108 Agreement. (Tight conveu^ou, 1912 17 Authors, rights of, under copyright convention of 1912, with Austria-Hungary. 17 Bering Sea — pelagic sealing prohibited in, Great Britain, 1911 57 pelagic sealing prohibited in, July 7, 1911 61 Bigamy — extradition of fugitives for crime of, Dominican Republic, 1909 26 France, 1909 34 Honduras, 1909 72 Salvador, 1911 107 Boundary line — Passamaquoddy Bay, defined. Great Britain, 1910 48, 49 commissioners' failure to fix in. Great Britain, 1910 48 convention with Great Britain, 1910, concerning, in 47 laid down and marked, Great Britain, 1910 49 not submitted to arbitration. Great Britain, 1910 48 Boundary waters (Canada) — convention with Great Britain concerning, 1909 39 definition of. Great Britain, 1909 39 existing territorial or riparian rights in, not affected by treaty of 1909 with Great Britain 47 international joint commission to approve use of, under certain condi- tions, Great Britain, 1909 41 jurisdiction and control over use and diversion of. Great Britain, 1909 40 limitation of use of, not to interfere with Government works. Great Britain, 1909 41 pollution of, not permitted. Great Britain, 1909 41 remedial or protective works or dams not to change level of. Great Britain, 1909 41 special agreements to include reciprocal legislation. Great Britain, 1909... 45 to remain free and open to commerce. Great Britain, 1909 40 use, obstruction or diversion of, not to affect natural level or flow, except. Great Britain, 1909 40,41 Brazil — arbitration convention, 1909 21 natiiralization convention, 1908 19 Breaking and entering public offices — extradition of fugitives for crime of, Dominican Republic, 1909 26 Honduras, 1909 72 Salvador, 1911 107 Burglary — definition of, Dominican Republic, 1909 26 Honduras, 1909 72 Salvador, 1911 107 extradition of fugitives for crime of, Dominican Republic, 1909 26 France, 1909 34 Honduras, 1909 72 Salvador, 1911 107 Canada — convention with Great Britain concerning boundary waters between the United States and, 1909 39 resolution of ratification of treaty with Great Britain, 1909, concerning boundary waters 46 Carnal knowledge of children — extradition of fugitives for crime of, Dominican Republic, 1909 26 Honduras, 1909 72 Salvador, 1911 107 Chamizal tract — convention for arbitration of, Mexico, 1910 91 decision of international boundary commission to be final, Mexico, 1910... 92 in Treaties, conventions, protocols, and agreements in force. Chamizal tract — Continued. ^ Page. enlarj^enient of international boundary commission to arbitrate, Mexico, 1910 92 execution of award with respect to Mexico, 1910 93 expenses of arbitrating, Mexico, 1910 93 in arbitration of, governments to bo represented by counsel, Mexico, 1910. . 92 location of, delincd, Mexico, 1910 91 previous agreements and propositions for settlement void, Mexico, 1910... 93 submission of evidence for arbitration of, Mexico, 1910 92 Child-stealing — extradition of fugitives for crime of, France, 1909 34 Dominican Kepublic, 1909 27 Citizen — defined, naturalization convention with Brazil, 1 908 20 naturalization convention with Costa Rica, 1911 24 naturalization convention with Nicaragua, 1908 96 declaration of, has not the effect of naturalization, Costa Rica, 1911 24 Nicaragua, 1908 96 naturalization of, considered renounced, when, 1906 126 naturalized, status of, how acquired, Brazil, 1908 20 naturalized, status determined by international convention, 1906 125 naturalized, who considered, under treaty with Brazil, 1908 19 not liable to punLshment for emigration, Costa Rica, 1911 24 N icaragua, 1908 96 powers not bound to deliver their own, as fugitives for extradition, France, 1909 35 Dominican Republic, 1909 28 Honduras, 1909 74 Salvador, 1911 109 presumption as to status of naturalized, 1906 126 presumption as to renunciation of naturalization by, Brazil, 1908 20 Costa Rica, 1911 23 punLTight, with Austria-Hungary 17 extradition, with Dominican Republic, 1909 25 France, 1909 33 Honduras, 1909 71 Salvador, 1911 106 fur seals; with Great Britain concerning, 1911 56 Great Britain, Japan, and Russia, July 7, 1911 60-84,99 international law commission, 1906 129 international, wireless, 1906 151 pecuniary claims, 1906 121 naturalization, with Brazil, 1908 19 Costa Rica, 1911 23 Nicaragua, 1908 95 naturalized citizens established by international, 1906 125 obscene publications, international, with reference to, 1910 133 chronological list of 12-13 Copyright convention, Austria-Hungary, 1912 17 Copyright- enjoyment of, subject to performance of conditions in local laws and regu- lations, Austria-Hungary 18 term of protection of, Austria-Hungary 18 Co?ta Rica, naturalization convention, 1911 23 Counterfeiting — extradition of fugitives for crime of, Dominican Republic, 1909 26 France, 1909 34 Honduras, 1 909 72 Salvador, 1911 J07 V Treaties, conventions, protocols, and agreements in force. Crimes committed at sea — Page. enumeration of, Dominican Republic, 1909 -6 Honduras, 1909 72 Salvador, 1911 107 extradition of fugitives for, Dominican Republic, I'M) 26 Salvador, 1911 107 Crimes — enumeration of, in extradition convention with Dominican Republic, 1909. 26 in extradition convention with France, 1909 34 in extradition convention with Honduras, 1909 72 Salvador, 1911 - 107 fugitive accessory to, subject to extradition, Dominican Republic, 1909.. 27 when exempt under local law, fugitive not to be extradited for, Dominican Republic, 1909 27 Destruction of railroads — extradition of fugitives for obstruction or, Dominican Republic, 1909 26 France, 1909 34 Honduras, 1909 ' 72 _ Salvador, 1911 107 Dominican Republic, extradition convention, 1909 25 Dramatic works, rights of authors in, Austria-Hungary convention, 1912 17 Ecuador, arbitration convention, 1909 31 Embezzlement — extradition of fugitives for crime of, Dominican Republic, 1909 26-27 France, 1909 34 Honduras, 1909 72-73 Salvador, 1911 108 Emigration — citizens not liable to punishment for, Costa Rica, 1911 24 Brazil, 1908 20 Nicaragua, 1908 96 England. {See Great Britain.) Extradition — convention for, with Dominican Republic, 1909 25 France, 1909 33 Honduras, 1909 71 Salvador, 1911 106 crimes enumerated for which fugitives are subject to, Dominican Republic, 1909 26 France, 1909 34 Honduras, 1909 72 Salvador, 1911. 107 detention and examination of fugitive pending arrival of legal evidence for, Dominican RepubHc, 1909 29 France, 1909 35 Honduras, 1909 75 Salvador, 1911 110 disposition of property found on fugitive surrendered for, Duniinican Re- public, 1909 28 France, 1909 i 36 Honduras, 1909 74 Salvador, 1911 109 expense incident to, paid by Government making deuiand fur, Dominican ^ RepubHc, 1909 28 i France, 1909 37 « Honduras, 1909 74 Salvador, 1911 109 fees of ofhcers assisting in proceedings for, Dominican Republic, 1909 29 France, 1909 37 Salvador, 1911 1] 1 fugitive accessor}' subject to, Dominican Republic, 1909 27 France, 1909 35 Honduras. 1909 73 Salvador, 1911 108 ▼I Treaties, conventions, protocols, and agreements in force. Extradition — Continued. Page- fugitive surrendered for, to power making first demand, Dominican Repub- lic, 1909 28 France, 1909 36 Honduras, 1 909 74 Salvador, 1911 ]09 fugiti^•e charged with crime or offense of political character not subject to, Dominican Republic, 1909 27 France, 1909 36 Honduras, 1909 73 Salvador, 1911. 108 fugitive exempt from, if already tried in coimtry of refuge, France, 1909. . 36 fugitives not to be surrendered for, if exempt from prosecution under laws of place where crime was committed, Dommican Republic, 1909 27 France, 1909 36 Honduras, 1909 • 73 Salvador, 1911 109 fugitive to be tried only for crime surrendered for, Dominican Republic, 1909 27 France, 1909 36 Honduras, 1909 73 Salvador, 1911 109 nature of evidence required for, Dominican Republic, 1909 25 France, 1909 33 Honduras, 1909 75 Salvador, 1911 IW, 107 oflBcers of country to assist in proceedings for, Dominican Republic, 1909 29 Honduras, 1909 _ 74 pending prosecution in country of asylum, fugitive not to be surrendered for, Dominican Republic, 1909 28 France, 1909 36 Honduras, 1909 74 Salvador, 1911 109 persons committing political offenses surrendered by, not to be tried oi punished, Dominican Republic, 1909 27 France, 1909 35 Salvador, 1911 108 persons subject to, Dominican Republic, 1909 25 France, 1909 33 Honduras, 1909 71 Salvador, 1911 106 powers not bound to deliver their own citizens for, Dominican Republic, 1909 28 France, 1909 35 Eonduraa, 1909 74 Salvador, 1911 109 proceedings incident to, in colonies, France, 1909 37 procedure for surrender of fugitive for, Dominican Republic, 1909 28-29 France, 1909 35 Honduras, 1909 74 Salvador, 1911 -. 110 third power may convey fugitives tlirough contracting countries for, Salvador, 1911 Ill to be made in conformity with laws of respective States, France, 1909 35 Salvador, 1911 110 False pretenses — extradition of fugitives for crime of obtaining money, etc., bv, Dominican Republic, 1909 .' 27 France, 1909 34 Honduras, 1909 73 Salvador, 1911 108 Feea — charged by oflScers assisting in extradition proceedings, Dominican Re- public, 1909 29 France, 1909 37 Hondiu-as, 1909 75 Salvador, 1911 Ill vn Treaties, conventions, protocols, and agreements in force. Page. Fisheries, convention with Great Britain concerning North Atlantic coast, 1912. 66 Forgery of official acts- extradition of fugitives for crime of, Dominican Republic, 1909 26 Honduras, 1909 72 Salvador, 1911 107 Forgery- extradition of fugitives for crime of, Dominican Republic, 1909 26 France, 1909 34 Honduras, 1909 72 Salvador, 1911 107 France — extradition convention, 1909 33 agreement for extension of arbitration convention with, 1913 38 Fraud — extradition of fugitives for crime of, Dominican Republic, ]909 27 France, 1909 34 Honduras, 1909 73 Salvador, 1911 108 Fugitives — convention with Dominican Republic, 1909, for extradition of 25 detention and examination of, pending arrival of legal evidence, for extra- dition, Dominican Republic, 1909 29 France, 1909 35 Honduras, 1909 75 Salvador, 1911 110 disposition of property found on, at time of arrest, Dominican Republic, 1909 28 France, 1909 36 Honduras, 1909 74 Salvador, 1911 109 exempt from extradition if already tried in country of refuge, France, 1909. . 36 expenses incident to extradition of, to be paid by Government making demand, Dominican Republic, 1909 28 France, 1909 37 Honduras, 1909 74 Salvador, 1911 109 evidence required to justify extradition of, Dominican Republic, 1909. ... 25 France, 1909 33 Honduras, 1 909 74 Salvador, 1911 107 extradition of, to be in conformity with laws of respective States, France, 1909 35 not to be surrendered for political offenses, Dominican Republic, 1909 27 France, 1909 35 Honduras, 1909 73 Salvador, 1911. 108 not to be surrendered if exempt from punishmejit under laws of place where crime was committed, Domiiiicar. Republic, 1909 27 France, 1909 35 Honduras, i909 73 Salvador, 1911 109 officers of country to assist in proccelii.gs for extradition of, Dominican Republic, 1909 7 29 Hoiidura.s. 1 909 74 Salvador, 1911 110 pending prosecution in country of asylum, not surrendered, Dominican Republic, 1909 28 France, 1909 36 Honduras, 1 909 73 Salvador, 1911 109 powers not bound to deliver for extradition their own citizens as, Domini- can Republic, 1909 28 France, 1 909 35 Salvador, 1911 109 proceedings incident to extradition of, in colonies, France, 1909 37 vrn Treaties, conventions, protocols, and agreements in force. Fugitivea — Continued. Page, procedure for surrender of, for extradition, Dominican Republic, 1909 28-29 France, 1909 35 Honduras, 1909 74 Salvador, 1911 110 third power may convey, through contracting countries for extradition, Salvador, 1911 Ill to be surrendered to power making first demand — exceptions — Dominican Repub lie, 1909 " 28 France, 1909 36 Honduras, 1 909 74 Salvador, 1911 109 to be tried only for crime for which snrrf^ndered, Dominican Republic, 1909 27 France, 1909 35 Salvador, 1911 109 Fur seals — convention with Great Britain concerning, 1911 56 convention; with Great Britain, Japan, and Russia concerning, July 7, 1911 60,84,99 (See also Pelagic sealing.) number of skins allowed to be taken, Great Britain, 1911 57 July 7, 1911 62 payment in lieu of skins. Great Britain, 1911 58 payment in lieu of skins, July 7, 1911 63, 64, 65 skins unlawfully taken to be refused importation, July 7, 1911 61 Great Britain — convention, for arbitration of pecuniary claims, 1910 50 concerning the boundary waters between the United States and Canada, 1909 39 concerning fur seals, with, 1911 56 concerning fur seals, July 7, 1911 60 concerning North Atlantic coast fisheries, 1912 66 cdefining boundary line in Passamaquoddy Bay, 1910 47 resolution of ratification of treaty with, concerning boundary waters, 1909 . . 46 Government works (Canada), limitation of use of boundary waters not tx) inter- fere with. Great Britain, 1909 41 Hague, The, tribunal — differences to be submitted to, under treaty with Brazil , 1909 21 Ecuador, 1909 31 to be defined by special agreement 22 Ecuador, 1909 31 Honduras, extradition convention with, 1909 71 Housebreaking, extradition of fugitives for crime of, France, 1909 34 Hungary (see Austria). Immigration laws, not repealed or affected by provisions of convention of com- merce and na^dgation with Japan, 1912 82 Import duties, articles of commerce, Japan, 1911 79 Indians, excepted from prohibition against pelagic sealing, July 7, 1911 57, 61 International conventions. (See Conventions.) International Boundary Commission — expense of, paid by both Governments equally, Mexico, 1910 93 Filling vacancies on, Mexico, 1910 93 for arbitrating chamizal tract enlarged, Mexico, 1910 92 must be fully constituted to render valid decision, Mexico, 1910 92 time and place of sessions of, Mexico, 1910 93-94 valid decision of, to be final, Mexico, 1910 92 Mexico and United States to be represented before, by agents and covmsel, Mexico, 1910 92 International bureau — duties of, in respect to wireless telegraphy, 1906 . 154 expenses of, 1906 154 International joint commission, to approve use, obstruction, or diversion of boundary waters affecting level or flow. Great Britain, 1909 41 establishment and personnel of. Great Britain, 1909 42 Treaties, conventions, protocols, and agreements in force. International joint commission, etc. — Continued. Pag*. expenses and salaries of, Great Britain, 1909 45 jurisdiction of. Great Britain, 1909 42-43 legislation to be adopted to carry out powers of, Great Britain, 1909 45 powers of, Great Britain, 1909 44^5 powers of umpire witli respect to, Great Britain, 1909 44 rules and principles to govern. Great Britain, 1909 43-45 reference of differences to. Great Britain, 1909 44 reports of, how regarded. Great Britain, 1909 44 transmiiision of decision of. Great Britain , 1909 45 organization and meeting place of, Great Britain , 1909 45 umpire to be selected when divided, Great Britain, 1909 44 when divided may submit separate reports to home government, Great Britain ,1909 44 International law — codes of private and public, to be drafted, 190G 130 principles of, agreed upon by commission to be embodied in treaties, 1906.. 131 International Law Commiasion — establishment of, and qualification of members, 1906 130 international convention in reference to, 1906 129 members of, how appointed, 1906 130 rules of procedure of, 1906 130 time and place of meetings of, 1906 130 to consider treaties, conventions, and national laws, 1906 131 expense of, how defrayed, 1906 131 prmciples agreed up by, to be embodied in treaties, 1906 131 International wireless telegraph convention {see Wireless telegraph convention) . 151 Japan — convention with, concerning commerce and na\dgation, 1911 77 convention with, concerning fur seals, July 7, 1911 84 pelagic sealing prohibited in waters of, July 7, 1911 61 Kidnaping — definition of, Dominican Republic, 1909 27 Honduras, 1909 73 Salvador, 1911 108 extradition of fugitives for crime of, Dominican Republic, 1909 27 France, 1909 34 Honduras, 1909 73 Salvador, 1911 108 Lake Erie, level of, not to be affected by diversion of waters of Niagara River, Great Britain ,1909 41 Lake Michigan, right of navigation in waters of. Great Britain, 1909 40 Larceny — delbiition of, Dominican Republic, 1909 27 Honduras, 1009 73 Salvador, 1911 108 extradition of fugitives for crime of, Dominican Republic, 1909 27 France, 1909 34 Honduras, 1909 73 Salvador, 1911 108 Law commission — international, convention with reference to, 1906 129 {See also International Law Commission.) Literary works, rights of authors in, Austria-Hungary convention, 1912 17 Mayhem, extradition of fugitives for crime of, Salvador, 1911 107 Marconi, wireless contract with, not subject to provisions of international wireless convention, 1906 162 Mechanical musical reproductions, rights of authors in, Austria-Hungary, 1912. Mexico — convention with, for arbitration of the Chamizal tract, 1910 91 pecuniary claims arbitration convention in force until December 31, 1912. 122 Military and naval stations, not subject to regulations of international wireless convention, except as to disturbances and distress calls, 1906 153 Milk and St. Mary Rivera — distribution of waters of, Great Britain, 1909 42 Treaties, conventions, protocols, and agreements in force. Milk and St. Mary Rivers — CJontinued. Page, to be regarded as oue river for purposes of irrigation and power, Great Britain, 1909 - - 42 Money, extradition of fugitive for crime of receiving, knowing the same to be unlawfully obtained, France, 1909 34 Most-favored-nation clause, convention with Japan, 1911 81 Murder — crimes designated as, Dominican Republic, 1909 26 France, 1909 34 Honduras, 1909 72 Sah-ador, 1911 107 extradition of fugitives for crime of, Dominican Republic, 1909 26 France, 1909 34 Honduras, 1909 72 Salvador, 1911 107 extradition of fugitives for crime of attempt to commit, Dominican Repub- lic, 1909 26 Honduras, 1909 72 Salvador, 1911 107 Musical works — mechanical reproductions included as, Austria-Hungary, 1912 17 rights of authors in Austria-Hungary convention, 1912 17 Mutiny — extradition of fugitives for crime of, Dominican Republic, 1909 26 France, 1909 34 Honduras, 1909 72 Salvador, 1911 107 National laws not affected by convention with respect to services of assistance and salvage, 1911 142 Naturalization — convention for, with Brazil, 1908 19 Costa Rica, 1911 23 Nicaragua, 1908 95 declaration of intention has not the effect of, Costa Rica, 1911 24 Nicaragua, 1908 96 presumption as to renunciation of, Brazil, 1908 20 Costa Rica, 1911 24 Nicaragua, 1908 96 punishment of citizens for actions committed before emigration under treaty of, with Brazil, 1908 20 punishment of citizens for actions committed before emigration under treaty of, with Costa Rica, 1911 24 punishment of citizens for acts committed before emigration, Nicaragua, 1908 96 reciprocal recognition of, under treaty with Brazil, 1908 19 Costa Rica, 1911 23 Nicaragua, 1908 95 renunciation of, Brazil, 1908 19 Costa Rica, 1911 " 23 Nicaragaia, 1908 95, 96 status of citizens under, how acquired, Brazil, 1908 20 Naturalized citizens — international convention establishing status of, 1906 125 considered to have resumed original citizenship, when, 1906 126 presumption as to status of, 1906 126 Naval and military stations, not subject to regulations of international wireless convention, except as to disturbances and distress calls, 190G 155 Navigation, right of, in boundary waters between the United States and Canada, Great Britain, 1909 40 Niagara River — diversion of waters of, to be limited. Great Britain, 1909 41 above Falls, limited, Great Britain, 1909 41 Nicaragua — naturalization convention, 1 908 95 extension of time to ratify, 1911 97 North Atlantic coast fisheries, convention with Great Britain concerning, 1912. . 66 delimitation of bays of, for jurisdictional purposes, Gieat Britain, 1912 69 XI Treaties, conventions, protocols, and agreements in force. North Atlantic coast fisheries, etc. — Continued. I*»Ee. rules and methods of procedure accepted concerning, Great Britain, 1912. . 67 rules, laws, and ordinances concerning, to be published. Great Britain, 1912. G7 laws and regulations concerning, not to be inconsistent with treaty of 1818, Great Britain, 1912 67 permanent mixed fishery comraissiona — convocation and procedure of. Great Britain, 1912. 68 creation and appointment of membership. Great Britain, 1912 68 Obscene publications — information to facilitate tracing and repression of, 1910 133-134 international convention for mutual aid in repression of, 1910 133 Obstruction of railroads — extradition of fugitives for destruction or, Dominican Republic, 1909 26 France, 1909 34 Hondiu-as, 1909 72 Salvador, 1911 - - : .- - 107 Officers, not entitled to fees in extradition proceedings, Dominican Republic, 1909 29 Pacific Ocean — pelagic sealing prohibited in North, Great Britain, 1911 57 July 7, 1911 61 Pasoamaquoddy Bay — boundary line in, not submitted to arbitration. Great Britain, 1910 48 defined, Great Britain, 1910 48, 49 laid dowTi and marked, Great Britain, 1910 :•-.-• ^^ commissioners authorized to fix boundary line in — failure of Great Britain, 1910 ...._ 48 convention with Great Britain, 1910, concerning boundary line in 47 right to improve channel in. Great Britain, 1910 49 Patents, enjoyment of, etc., under commerce and navigation convention with Japan, 1911 81 Pecuniary claims — convention signed at Mexico continued in force, except article 3, 1906... 122 convention with Great Britain for arbitration of, 1910 50 international convention for arbitration of, 1906 121 pro\'ision8 governing submission of, to arbitration, Great Britain, 1910. ... 50 schedule of, submitted to arbitration, Great Britain, 1910 52 terms of submission of, to arbitration, Great Britain, 1910 55 Pelagic sealing — authority to try persons for offense of. Great Britain, 191 1 57 July 7, 1911 61 cooperation to prevent, agreed upon, July 7, 1911 62 convention with Great Britain concerning, 1911 56 superseded, July 7, 1911 65 convention with Great Britain, Japan, and Russia concerning, July 7, 1011. 60 definition of, Great Britain, 1911 58 July 7 }''■'■' 62 guard ra . .xued to prevent, Great Britain, 1911 59 July , 1911 62 legislation to enforce prohibition against, July 7, 1911 62 powers urged to forego. Great Britain, 1911 59 prohibition of, in Bering Sea and North Pacific Ocean, Great Britain, 1911.. 56 prohibited in Bering Sea, North Pacific, and Japanese waters, July 7, 1911 . 61 prohibition against, not to apply to Indians, Great Britain, 1911 57 not to apply to Indians or other aborigii.ecs, July 7, 1911 61 Perjurj' — extradition of fugitives for crime of, Dominican Republic, 1909 27 France, 1909 34 Honduras, 1909 73 Salvador, 1911 108 Photographic works, rights of authors in, Austria-Hungan,^ 1912 17 Piracy — extradition of fugitives for crime of, Dominican Republic, 1909 26 France, 1909 34 Honduras, 1909 72 Salvador, 1911 1()7 76844°— S. Doc. 1063. 62-3 13 xn Treaties, conve7itions, protocols, and agreements in force. Political offense— '»P*- by wliat authority determined, France, 1909 36 Salvador, 1911 108 persons cominitting, not subject to extradition, Dominican Republic, 1909. 27 France, 1909 35 Honduras, 1909 73 Salvador, 1911 108 persons surrendered for committing, not to be tried or punished, Dominican Republic, 1909. 9 Salvador, 1911 108 taking life of sovereign not to be presumed as, Dominican Repul^lic, 1909. . 27 Honduras, 1909 73 Salvador, 1911 108 Pollution of waters (Canada), Great Britain, 1909. 31 Postal service, vessels engaged in, to enjoy same facilities, etc., as those of most favored nation, Japan, 1911 80 Power plants — amount of waters used by, above Falls of Niagara limited, Great Britain, 1909 41-42 to be injured as little as possible in diverting waters of Niagara River, Great Britain, 1909 41 Presidents, list of 9 Property — alien Japanese, to be respected , Japan, 1911 78 disposition of, found in possession of fugitive, Dominican Republic, 1909.. 28 France, 1909 36 Honduras, 1909 74 Salvador, 1911 109 extradition of fugitives for crime of rc( eiviiig, Imowiug the same to have been unlawfully obtained, France, 1909 34 right to take and dispose of, of deceased persoiis by heirs, Sweden, 1910. . . 117 Protocol — assistance and salvage, extending international convention, for, to colonies, 1911 149 commerce and na^-igation, Japan, 1911, modification of by Senate, accepted by protocol, 1911 _. 83 wireless telegraphy, international convention, 1906, additional agreement by 160 Rape — extradition of fugitives for crime of, Dominican Republic, 1909 26 France, 1909 34 Honduras, 1909 72 Salvador, 1911 107 Requisition — condition precedent for honoring, for accused, Dominican Republic, 1909. 25 France, 1909 35 Riparian rights, existing, not affected by provisions of treaty of 1909 with Great Britain 47 Robbery — definition of, Dominican Republic, 1909 26 Honduras, 1909 72 Salvador, 1911 _. 107 extradition of fugitives for crime of, Dominican Republic, 1909 26 France, 1909 34 Honduras, 1909 72 Salvador, 1911 107 Russia — convention with, concerning fur seal?, July 7, 1911 99 termination of treaty of commerce and navigation with, 1832 98 Salvador, extradition convention, 1911 106 Salvage. {See Assistance and salvage.) San Domingo. (See Dominican Republic.) St. Mary and Milk Rivers — to be regarded as one river for purposes of irrigation and power. Great Brit- ain , 1909 42 distribution of waters of, Great Britain, 1909 42 Xlll Treaties, conventions, protocols, and agreements in force. Sanitary purposes — Page. boundary waters subject to ordinary use for, Great Britain, 1909 41 diversion of waters of Niafi;ara River for. Great Britain, 1 909 42 Sea otters, limit from shore within which, may be killed, July 7, 1911 .". .. 62 Secretaries of State, list of 10-11 Ships of war, not subject to provisions of convention respecting assistance and salvage, 1911 143 Slavery and slave tradings- extradition of fugitives for crimes and offenses against laws of, Dominican Republic, 1909 27 France, 1909 ; 34 Salvador, 1911 108 Sweden, consular convention with, 1910 112 Telegrams. {See Wireless.) Telegraph, convention — international, St. Petersburg, 1875, applicable to international wireless telegraphy, 1906 .« 155 extracts from, 1906 179 Transit dutv, commerce exempt from, Japan, 1911 79 Treaties. (See Conventions.) chronological list of 12, 13 Trade-marks, enjoyment of, etc., under commerce and navigation convention, with Japan, 1911 81 Umpire — ' powers of. Great Britain, 1909 44 to be selected in case of disagreement of members of international joint commission. Great Britain, 1909 44 X'essels — bound to render assistance at sea, 1911 142 subject to assistance and salvage regulations, 1911 140 Warehousing, commerce entitled to equality of treatment respecting, etc., Japan, 1911 79 Wireless telegraphy, articles of international telegraph convention of St. Peters- burg, 1875, applicable to, 1906 ' 155 Wireless telegraph convention — "Coastal station'' defined by, 1906 152 conferences for modification of, provided for, 1906 153-154 connection between wireless and telegraph systems undertaken by, 1906. . 152 contracts with Marconi not interfered with, 1906 161 disagreement as to regulations to be submitted to arbitration, 1906 155 distress calls to be given priority, 1906 153-154 exchange of wireless telegrams to be facilitated, 1906 152 exemption of coastal stations from obligation to receive messages without reference to distinction of system used, 1906 160-161 extracts from international telegraph convention, St. Petersburg, 1875 179 international, 1906 151 supplemental articles to, 1906 158 international bureau to collect and publish information and promulgate amendments, 1906 154 laws of respective countries to be communicated to each other, 1906 155 legislation to insure execution of, 1906 155 messages to be received without distinction of system adopted, 1906 158 modification of, by common consent. 1906 153 official stations subject only to provisions relating to disturbances and dis- tress calls, 1906 155 organization of stations so as not to disturb each other, i906 153-154 rates for transmission of telegrams fixed by, 1906 153 reciprocal exchange of telegrams provided for bv, 1906 152 regulations adopted by, to have same force as, 1906 153 regulations, accounts and payment of charges, 1906 173, 174 collection of charges, 1906 168 delivery of wireless telegrams at their destination, 1906 172 files, 1906 17:i form and posting of wireless telegrams, 1906 167 hours of service of coastal stations, 1900 166, 167 XIV Treaties, conventknis, protocols, and agrccninilK in force. Wireless telegraph convention — Continued. regulations, accounts and pajinent of charges, 1906 — Continued. Page. international bureau, 1906 174, 175 miscellaneous provisions, 1906 175 organization of wireless telegraph stations, 1890 164,165,166 rates, 1906 167, 168 rebates and reimbursements, 1906 173 special telegrams, 1906 172 transmission of wireless telegrams; signals of, 1906 168, 169, 170, 171, 172 right of powers to fix rates on telegrams from stations not subject to, 1906. . 154 special communications not subject to public regulations, 1906 152 stations reserved for public service by, 1906 152 to what persons and stations applicable, 1906 151 voting power of nations in conferences fixed, 1906 154 voting power to be decided at conference provided for in protocol to inter- national, 1906 160 Wrongfullv sinking vessel at sea, extradition of Jpgitives for, Dominican Re- public, 1909 26 PART II. TREATIES. CONVENTIONS. INTERNATIONAL ACTS. PROTO- COLS, AND AGREEMENTS, RATIFICATIONS OF WHICH HAVE BEEN ADVISED BY THE SENATE BUT ARE NOT IN FORCE BY REASON OF THE FAILURE OF RATIFICATION BY OTHER SIGNATORY POWERS OR THE PRESIDENT OF THE UNITED STATES. (183) PART II. 1912. International Wireless Telegraph Convention. Concluded July 5, 1912; ratification advised hy the Senate January 22, 1913. [This convention, if proclaimed, will supersede the convention signed at Berlin, November 3, 190G, page 147. The text is taken from the copy printed for the use of the Senate of the United States.] International Bureau ; duties, expenses. Terms on which radiotele- grams shall be received. Scope of articles 8 and 9. Adhere*ice by other powers. International Telegraph Con- vention of St. Petersburg. Arbitration of differences be- tween powers. Legislation for execution of convention. Notification of existing or pro- posed legislation. Reservation of liberty to in- stall wireless telegraph. Effect ; duration. Ratification. I. Aetk Obliga-tion. :lks. XIII. II. Coastal stations defined. III. Reciprocal exchange of tele- grams. XIV. IV. Reservation of station for lim- XV. itetl public service. XVI. V. Coastal .stations and telegi'aph system connections. XVII. VI. Information necessary to fa- cilitate and accelerate ex- XVIII. change of radiotelegrams. XIX. VII. Exemption as to special wire- less communication. XX. VIII. Interference. IX. Calls from ships in distress. XXI. X. Rates. XI. Regulations and modification XXII. thereof. XXIII. XII. Personnel of conference; vot- ing power; adherence for colonies. I Trans lation.] International Radiotelegraph Convention concluded between Ger- many and the German Protectorates, the United States of America and the Possessions of the United States of America, the Argentine Republic, Austria, Hungary, Bosnia-IIersegovma, Belgiu?n, the Belgian Congo, Brazil, Bulgaria, Chile, Denmark, Egypt, Spain and the Spanish Colonies, France and Algei^a, French West Africa, French Equatorial Africa, Indo-China, Madagascar, Tunis, Great Britain and the various Bi^itish Col- onies and Protectoi^atcs, the Union of South Afnca, the Australian Federation, Canada, British India, New Zealand, Greece, Italy and the Italian Colonics, Japan and Chosen, Formosa, Japanese Sakhalin and the leased territory of Kwantung, Morocco, Monaco, Norway, the Netherlands, the Dutch Indies and the Colony of Curacao, Persia, Portugal and the Portuguese Colonies, Roumania, Russia and the Russian Posftcssions and Protectorates, The Re- public of San Marino, Siam, Siceden, Turkey, and Uruguay. (185) 186 Tlie undersigned, plenipotentiaries of the Governments of the countries enumerated above, havijig met in conference at London, have agreed on the following Convention, subject to ratification: Article 1. The High Contracting Parties bind themselves to apply the provi- sions of the present Convention to all radio stations (both coastal stations and stations on shipboard) which are established or worked by the Contracting Parties and open to public ser-\ace between the coast and vessels at sea. They further bind themselves to make the observance of these pro- visions obligatory upon private enterprises authorized either to estab- lish or work coastal stations for radiotelegraphy open to public service between the coast and vessels at sea, or to establish or work radio stations, whether open to general public service or not, on board of vessels flying their flag. Article 2. By " coastal stations " is to be understood every radio station estab- lished on shore or on board a permanently moored vessel used for the exchange of correspondence with ships at sea. Every radio station established on board any vessel not perma- nently moored is called a " station on shipboard." Article 3. The coastal stations and the stations on shipboard shall be bound to exchange radiograms without distinction of the radio system adopted by such stations. Every station on shipboard shall be bound to exchange radiograms with every other station on shipboard without distinction of the radio system adopted by such stations. However, in order not to impede scientific progress, the provisions of the present Article shall not prevent the eventual employment of a radio system incapable of communicating with other systems, pro- vided that such incapacit}^ shall be due to tlie specific nature of such system and that it shall not be the result of devices adopted for the sole purpose of preventing intercommunication. Article 4. Notwithstanding the provisions of Article 3, a station may be reserved for a limited public service determined by the object of the correspondence or by other circumstances independent of the system employed. Article 5. Each of the High Contracting Partie^s undertakes to connect the coastal stations to the telegraph system by special wires, or, at least. 187 to take other measures which will insure a rapid exchange between the coastal stations and the telegraph system. Article 6. The High Contracting Parties shall notify one another of the names of coastal stations and stations on shipboard referred to in Article 1, and also of all data, necessary to facilitate and accelerate the exchange of radiograms, as specified in the Regulations. Article 7. Each of the High Contracting Parties reserves the right to pre- scribe or permit at the stations referred to in Article 1, apart from the installation the data of which are to be published in conformity with Article 6, the installation and working of other devices for the purpose of establishing special radio communication without pub- lishing the details of such devices. Article 8. The working of the radio stations shall be organized as far as pos- sible in such manner as not to disturb the service of other radio stations. Article 9. Radio stations are bound to give absolutely priority to calls of distress from whatever source, to similarly answer such calls and to take such action with regard thereto as may be required. Article 10. The charge for a radiogram shall comprise, according to the cir- cumstances : 1. (a) The coastal rate, Avhich shall fall to the coastal station; (b) The shipboard rate, which shall fall to the shipboard station. 2. The charge for transmission over the telegraph lines, to be com- puted according to the ordinaiT rules. 3. The charges for transit through the intermediate coastal or shipboard stations and the charges for special services requested by the sender. The coastal rate shall be subject to the approval of the Govern- ment of which the coastal station is dependent, and the shipboard rate to the approval of the Government of which the ship is de- pendent. Article 11. The provisions of the present Convention are supplemented by" Regulations, whioli shall have the same force and go into effect at tlie same time as the Convention. The provisions of the present Convention and of the Regulations relating thereto may at any time be modified by the High (Contract- ing Parties by common consent. Conferences of plenipotentiaries 188 having power to modify the Convention and the Regulations, shall take place from time to time; each conference shall fix the time and place of the next meeting. Article 12. Such conferences shall be composed of delegates of the Govern- ments of the contracting countries. In the deliberations each country shall have but one vote. If a Government adheres to the Convention for its colonies, posses- sions or protectorates, subsequent conferences may decide that such colonies, possessions or protectorates, or a part thereof, shall be con- sidered as forming a country as regards the application of the pre- ceding paragraph. But the number of votes at the disposal of one Government, including its colonies, possessions or protectorates, shall in no case exceed six. The following shall be considered as forming a single country for the application of the present Article; German East Africa German Southwest Africa Kamerun Togo Land German Protectorates in the Pacific Alaska Hawaii and the other American possessions in Polynesia The Philippine Islands Porto Rico and the American possessions in the Antilles The Panama Canal Zone The Belgian Congo The Spanish Colony of the Gulf of Guinea French East Africa French Equatorial Africa Indo-China Madagascar Tunis The Union of South Africa The Australian Federation Canada British India New Zealand Eritrea Italian Somaliland Chosen, Formosa, Japanese Sakhalin and the leased territory nf IvAvantung The Dutch Indies The Colony of Curacao Portuguese West Africa Portuguese East Africa and the Portuguese possessions in Asia Russian Central Asia (littoral of the Caspian Sea) Bokhara Khiva Western Siberia (littoral of the Arctic Ocean) Eastern Siberia (littoral of the Pacific Ocean). 189 Article 13. The Tntemational Bureau of the Telegraph Union shall be charged with collecting, coordinating and publishing information of every kind relating to radiotelegraphy, examining the applications for changes in the Convention or Regulations, promulgating the amend- ments adopted, and generally performing all administrative work referred to it in the interest of mternational radiotelegraphy. The expense of such institution shall be borne by all the contracting countries. Article 14. Each of the High Contracting Parties reserves to itself the right of fixing the terms on which it will receive radiograms proceeding from or intended for any station, whether on shipboard or coastal, which is not subject to the provisions of the present Convention. If a radiogram is received the ordinary rates shall be applicable to it. Any radiogram proceeding from a station on shipboard and re- ceived by a coastal station of a contracting country, or accepted in transit by the administration of a contracting country, shall be for- warded. Any radiogram intended for a vevSsel shall also be forwarded if the administration of the contracting country has accepted it origi- nally or in transit from a non-contracting country, the coastal station reserving the right to refuse transmission to a station on shipboard subject to a non-contracting country. AjtTICLE 15. The provisions of Articles 8 and 9 of this Convention are also applicable to radio installation other than those referred to in Article 1. Article 16. Governments which are not parties to the present Convention shall be permitted to adhere to it upon their request. Such adherence shall be communicated through diplomatic channels to the contract- ing Government in whose territory the last conference shall have been held, and by the latter to the remaining Governments. The adherence shall carry with it to the fullest extent acceptance of all the clauses of this Convention and admission to all the advan- tages stipulated therein. The adherence to the Convention by the Government of a country having colonies, posses.^ions or protectorates shall not carry with it the adherence of its colonies, possessions or protectorates unless a declaration to that effect is made by such Government. Such col- onie^s, possessions and protectorates, as a whole or each of them, separately, may form the subject of a separate adherence or a sep- arate denunciation within the provisions of the present Ai'ticle and of Article 22. 190 Article 17. The provisions of Articles 1, 2, 3, 5, 6, 7, 8. 11, 12 and 17 of the International Telegraph Convention of St. Petersburg of July 10-22, 1875, shall be applicable to international radiotelegraphy. Articx,e 18. In case of disagreement between two or more contracting Govern- ments regarding the interpretation or execution of the present Con- vention or of the Regulations referred to in Article 11, the question in dispute may, by mutual agreement, be submitted to arbitration. In such case each of the Governments concerned shall choose another Government not interested in the question at issue. The decision of the arbiters shall be arrived at by the absolute majority of votes. In case of a division of votes, the arbiters shall choose, for the purpose of settling the disagreement, another contracting Govern- ment which is likewise a stranger to the question at issue. In case of failure to agi^ee on a choice, each arbiter shall propose a disin- terested contracting Government and lots shall be drawn between the Governments proposed. The drawing of the lots shall fall to the Government within whose territory the international bureau provided for in Article 13 shall be located. Article 19. The High Contracting Parties bind themselves to take, or pro- pose to their respective legislatures, the necessary measures for in- suring the execution of the present Convention. Article 20. The High Contracting Parties shall communicate to one another any laws already framed, or which may be fram^ed, in their re- spective countries relative to the object of the present Convention. Article 21. The High Contracting Parties shall preserve their entire liberty as regards radio installations other than provided for in Article 1, especially naval and military installations, and stations used for communications between fixed points. All such installations and stations shall be subject only to the obligations provided for in Articles 8 and 9 of the present Convention. However, when such installations and stations are used for public maritime service they shall conform, in the execution of such service, to the provisions of the Regulations as regards the mode of transmission and rates. On the other hand, if coastal stations are used for general public service with ships at sea and also for communication between fixed points, such stations shall not be subject, in the execution of the last named service, to the provisions of the Convention except for the observance of Articles 8 and 9 of this Convention. Nevertheless, fixed stations used for correspondence between land and land shall not refuse the exchange of radiograms with another 191 fixed station on account of the system adopted by such station; the liberty of each country shall, however, be complete as regards the organization of the service for correspondence between fixed points and the nature of the correspondence to be effected by the stations reserved for such service. Article 22. The present Convention shall go into effect on the 1st day of July, 1913, and shall remain in force for an indefinite period or until the expiration of one year from the day when it shall be de- nounced by any of the contracting parties. Such denunciation shall affect only the Government in whose name it shall have been made. As regards the other Contracting Powers, the Convention shall remain in force. Article 23. The present Convention shall be ratified and the ratifications ex- changed at London with the least possible delay. ' In case one or several of the High Contracting Parties shall not ratify the Convention, it shall nevertheless be valid as to the Parties which shall have ratified it. In witness whereof the respective plenipotentiaries have signed (me copy of the Convention, which shall be deposited in the archives of the British Government, and a copy of which shall be trans- mitted to each Party. Done at London, July 5, 1912. For Germany and the German Protectorates: B. KOEHLER O. Wachenfeld Dr. Karl Streckek schrader Goetsch Dr. Emil Krauss FlELITZ For the United States and the possessions of the United States: John R. Edwards Jno. Q. Walton Willis L. Moore Louis W. Austin George Oaven Squier Edgar Russel C. McK. Saltzman David Woos'i-er Todd John Hays Hammond, Jr. Webster W. D. Terrell John I. Waterburt. For ArgoTitine Republic: Vicente J. Dominguez For Austria: Dr. FuiTz RiTTER Wagner von Jaurego. Dr. Rudolph Hitter Speil v. Ostheim. 192 For Hungary: Charles Follert Dr. DB Hennyey For Bosnia-Herzegovina : H. GOIGINGER, G. M. Adolf Danikgf.r A. CicoLi Romeo Vic. For Belgium: J. Banxeaux Deldine For Belgian Congo : Robert B. Goldschmidt. For Brazil: Dr. Francisco Bhering. For Bulgaria: Iv. Stoyanovitch. For Chile : C. E. Rickard. For Denmark: N. JMeyer 4 t J. A. VOHTZ t R. N. A. Faber T. F. Krarup. For Egypt: J. S. LiDDELL For Spain and the Spanish Colonies: Jacobo Garcia Roure Juan de Carranza y Garrido Jacinto Labrador Antonio Nieto To:mas Fernandez Qitintana Jaime Janer Robinson. For France and Algeria : A. Frouin. For French West Africa : A. DUCHENE. For French Equatorial Africa : A. DuCHENE. For Indo- China : A. DuCHENE. For Madagascar: A. DuCHENE. For Tunis: Et. de Felcourt. For Great Britain and the various British Colonies and Protec- torates : H, Babington Smith E. W. Farnall E. Charlton G. M. W. Macdonogh. 193 For Union of South Africa: Richard Solomon. For Australian Federation : Charles Bright. For Canada: For British India: For New Zealand: For Greece: G. J. Desbarats. H. A. KuiK F. E. Dempster. C. Wray Palliser. C. Dosios. For Italy and the Italian Colonies: Prof. A. Batteixi. For Japan and for Chosen, Formosa, Japanese Sakhalin, and the leased territory of Kwangtung: Tetsujiro Sakano Kenji Ide Riuji Nakayama Seiichi Kukose For Monaco: For Monaco For Norway: For Netherlands: Mohammed el Kabadj U. Asensio Fr. Roussel Heftye K. A. Knudsson G. J. C. A. Pop. J. P. GUEPIN For Dutch Indies and the Colony of Curacao: Perk F. VAN der Goot. For Persia: INfiRZA Abdul Ghaffar Khan. For Portugal and the Portuguese Colonies: Antonio Maria da Silva. For Roumania: C. BOERESCU. For Russia and the Russian possessions and Protectorates: N. DE Etter P. Ossadtchy A. EULER Sergueivitch V. Dmitriefp D. SOKOLTSOW A. Stchastnyi Baron A. Wyneken. For Republic of San Marino: Artlro Serena. For Siam: For Sweden: For Turkey: For Uruguay: 194 Luang Sanpakitch Preecha Wm. J. Archer Rydin Hamilton, M. Emin M. Fahry. Osman Sadi Fed. R, Vidiella, [Translation.] Final Protocol At the moment of signing the Convention adopted by the Inter- national Radiotelegraph Conference of London, the undersigned plenipotentiaries have agreed as follows: The exact nature of the adherence notified on the part of Bosnia- Herzegovina not yet bein^ determined, it is recognized that one vote shall be assigned to Bosnia-Herzegovina but that a decision will be necessary at a later date as to whether this vote belongs to Bosnia- Herzegovina in virtue of the second paragraph of Article 12 of the Convention, or whether this vote is accorded to it in conformity with the provisions of the third paragraph of that Article. 11. Note is taken of the following declaration : The Delegation of the United States declares that its government is under the necessity of abstaining from all action with regard to rates, because the transmission of radiograms as well as of ordinary telegrams in the United States is carried on, wholly or in part, by commercial or private companies. III. Note is likewise taken of the following declaration: The Government of Canada reserves the right to fix separately, for each of its coastal stations, a total maritime rate for radiograms proceeding from North America and destined for any ship whatever, the coastal rate amounting to three-fifths and the shipboard rate to two-fifths of the total rate. In witness whereof the respective plenipotentiaries have drawn up the present Final Protocol, which shall be of the same force and effect as though the provisions thereof had been embodied in the text of the Convention itself to which it has reference, and they have • i signed one copy of the same, which shall be deposited in the archives I of the British Government, and a copy of which shall be transmitted to each of the Parties. Done at London, July 5, 11 12. 195 For Germany and the German Protectorates: B. KOEIILER O. Wachenfeld Dr. Karl Strecker schrader GOETSCH Dr. Emil Krauss FlELITZ For the United States and the possessions of the United States: John R. Edwards Jno. Q. Walton Willis L. Moore Louis W. Austin George Owen Squier Edgar Russel C. McK. Saltzman David Wooster Todd John Hays Hammond, Jr. Webster W. D. Terrell John I. Waterbury. For Argentine Republic: ViNCENTE J. DOMINGUEZ. For Austria: Dr. Fritz Ritter Wagmi: von Juarrgg. Dr. Rudolf Ritter Speil v. Ostheim. For Hungary: Charles Follert Dr. DE Hen N yet For Bosnia-Herzegovina : g. goiginger, g. m. Adolpii Daningek A. CiGOLI Romeo Vio. For Belgium: For Belgian Congo: For Brazil: For Bulgaria: For Chile: For Denmark: For Egypt: J. Banneaux Deldime Robert B. GoLDSCHivrroT. Dr. Francisco Bherinq Iv. Stoyanovitch. C. E. RiCKARD. N. Meyer J. A. VOHTZ R. N. A. Fabeb T. F. Krarup. J. S. LiDDELL. 76844°— S. Doc. 1063, 62-3 14 1% For Spain and the Spanish Colonies: Jacobo Garcia Roikk Juan di: Carranza v Garrido Jacixto Lahkador AxTOMt) XlKTO To-"iiAS Fi:nNA.\DEz Quintana Jaimk Janer Robinson. For France and Alccria : A. Frotin, For French West Africa : A. DuCHENE. For French Equatorial Africa: A. DUCHENES. For Indo China : A. DuCHENE. For Madagascar: A. DuCHENE. For Tunis : Et. de Felcourt. For Great Britain and the various British Colonies and Protoc- ^OT^^^^: H. Babington Smith E. W. Farnall E. Charlton G. M. W. Macdonogh For Union of South Africa : Richard Solomon. For Australian Federation : Charles Bright. For Canada : For British India : For New Zealand: For Greece : G. J. Desbarats. H. A. Kirk. F. E. Dempster. C. Wray Palliser. C. Dosios. For Itnly and the Italian Colonies: Prof. A. Battelli. For Japan and for Chosen, Formosa, Japanese Sakhalin, and the leased territory of Kwantung : Tetsujiro Sakano. Kenji Ide. Riuji Nakayama. Seiichi Kurose, Mohammed el Kabadj. U. Asensio. For Morocco : For Monaco: Fr. Rousseu For Norway: ^^^^^^ For Netherlands; K. A. Knudsson. G. J. C. A. Pop J. P. GUEPIN. 197 For Dutch Indies and tlio Colony of Curacao: Perk. f. van der goot. For Persia : MiRZA Abdul Giiaffar Kuan. For Portugal and the Portuguese Colonies: Antonio Maria da Silva. For Roumania : C. Boerescu. For Russia and the Russian possessions and Protectorates: N. DE Etter. P. OSSADTCHY. A. Euler. Sergueievitch. V. Dmitrieff. D. SOKOLTSOW. A. Stchastnyi. Baron A. Wyneken. For Republic of San Marino: Arturo Serena. For Siam: For Sweden: For Turkey : Luang Sanpakitch Preecha, Wm. J. Archer. Rydin. Hamilton. For Uruguay: M. Emin. M. Fahry. OSMAN SaDI. Fed. R. Vidiella. Service Regulations Affixed to the International Radiotele- graph Convention, London, 1912. L OrKanization oif radio stations. Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10. 11. 12. II. Hours of service of stations. Ar- ticle 13. III, Form and posting of radiotele- grauis. 14 and 15. IV. Rates. Articles 16. 17, and IS V. Collection of charges. Article 19. VI. Transmission of radiograms: (a) Signals of transmission. Articles 20, 21, 22. (b) Order of transmission. Article 23. (c) Metliod of calling radio stations and transmis- sion of radiogr;ims. Articles 24. 25, 26, 27, 28. 2!», 30. 31. 32, and 33. {(J) .Ackiii wledgment of re- ceipt and conclusion of word. ,\rtlr1o 24. VI. Transmission of radiograms— (Continued) : (e) Directions to be fol- lowed in sending ra- diogr;ims. Article .">">. VII. Delivery of radiograms at their destination. Articles 36 and 37. Vlir. Special radiograms. Articles 38 and 30. IX. Files. Article 40. X. Rebates and reimbursements. Article 41. XI. Accounts and payment of charges. Article 42. XII. International Bureau. Articles 43 and 44. XIII. Meteorological radiograms, time signals, and other radiograms. Arti('le 45. XIV. Miscellaneous provisions. Arti- cles 46, 47, 48, 49, 50. 198 [Translation.] 1. ORGANIZATION OF RADIO STATIONS. Article 1. The choice of radio apparatus and devices to be used by the coastal stations and stations on shipboard shall be unrestricted. The instal- lation of such stations shall as far as possible keep pace with scientific and technical progi-ess. AETICIiE II. Tvro wave lengths, one of GOO meters and the other of 300 meters, are authorized for general public service. Every coastal station opened to such service shall be equipped in such manner as to be able to use these two wave lengths, one of which shall be designated as the normal wave length of the station. During the whole time that a coastal station is open it shall be in condition to receive calls accord- ing to its normal wave length. For the correspondence specified under paragraph 2 of Article XXXV, however, a wave length of 1,800 meters shall be used. In addition, each Government ma}^ au- thorize in coastal stations the employment of other wave lengths designed to insure long-range service or any service other than for general public correspondence established in conformity with the provisions of the Convention under the reservation that such wave lengths do not exceed GOO meters or that they do exceed 1,G00 meters. In particular, stations used exclusively for sending signals de- signed to determine the position of ships shall not employ wave lengths exceeding 150 meters. Article III. 1. Every station on shipboard shall be equipped in such manner as to be able to use wave lengths of GOO meters and of 300 meters. The first shall be the normal wave length and may not be exceeded for transmission except in the case referred to under Article XXXV (paragraph 2). Other wave lengths, less than 600 meters, may be used in special cases and under the approval of the managements to which the coastal and shipboard stations concerned are subject. 2. During the whole time that a station on shipboard is open it shall be able to receive calls according to its normal wave length. 3. Vessels of small tonnage which are unable to use a wave length of GOO meters for transmission, may be authorized to employ exclu- sively the wave length of 300; they must be able to receive a wave length of GOO meters. Article IV. Communication between a coastal station and a station on ship- board shall be exchanged on the part of both by means of the same wave length. If, in a particular case, communication is difficult, the two stations may, by mutual consent, pass from the wave length with which they are communicating to the other regulation wave length. Both stations shall resume their normal wave length when the ex- change of radiograms is finished. 199 Artici-e v. 1. The Tntornational Bn.ronii sliall draw up. publish, and revise from time to linio an oHici;!! chart sliowiiipt sucli radiograms shall make a declaration to (his clVcct to tl>e International Bureau. Special deliven' radiograms with char'Tes collected of the sender may be accepted when they are intended for the country within whose terri- tory the corresponding station is located. (4) Radiogi'ams to be delivered by mail; (5) Multiple radiograms; 76844°— S. Doc. 1063, 62-3 15 212 (6) Radiogram!? calling for acknowledgment of receipt. But only as regards notification of the date and hour at which the coastal sta- tion shall have transmitted to the station on shipboard the radiogram addressed to the latter. (7) Paid service notices. Except those requesting a repetition or infonnation. Nevertheless all paid service notices shall be accepted in transmission over the telegraph lines. (8) Urgent radiograms. But only in transmission over the tele- graph lines and subject to the application of the International Tele- graph Kegulatioiis. Article XXXIX. Radiograms may be transmitted by a coastal station to a ship, or by a ship to another sliip, with a view to being forwarded by mail from a port of call of the ship receiving the radiogram. Such radiogram shall not be entitled to any radio retransmission. The address of such radiogram shall embrace the following: (1) The paid designation "mail" followed by the name of the port at which the radiogram is to be mailed; (2) The name and complete address of the addressee; (3) The name of the station on shipboard by which the radiogram is to be mailed ; (4) ^Alien necessary, the name of the coastal station. Example: Mail Buenosaires 14 Calle Prat Valparaiso Avon Lizard. The rate shall comprise, in addition to the radio and telegraph rates, a sum of 25 centimes (.048 cents) for the postage on the radio- gram. 9. FILES. Article XL. The originals of radiograms together with the documents relating thereto retained by the managements of the radio service shall be kept, with all the necessary precautions as regards secrecy, for a period of at least fifteen months beginning with the month following that of the posting of the radiogram. Such originals and documents shall, as far as practicable, be sent at least once a month by the shipboard stations to the management of the radio service to which they are subject. 10. REBATES AND REIMBURSEMENTS. Article XLI. 1. With regard to rebates and reimbursements, the International Telegraph Regulations shall be applicable, taking into account the restrictions specified in Article XXXV 1 11 and XXXIX of the pres- ent Regulations and subject to the following reservations: The time employed in the transmission of radiograms and the time that radiograms remain in a coastal station in the case of radio- grams intended for ships, or in the station on shipboard in the case of radiograms proceeding from ships, shall not be counted as delays as regards rebates or reimbursements. 213 If the coastal station notifies the office of orifjin that a radiofrram can not be transmitted to the siiip addressed, the nianajj;enient of the radio service of the country of origin shall immediately instigate reimbursement to the sender of the coastal and shipboard rates relat- ing to the radiogram. In such case, the refun(k'(l charges shall not enter into the accounts provided for by Article XLII, but the radio- gram shall be mentioned therein as a memorandum. Reimbursements shall be borne by the dill'erent managements of the radio service and private enterprises which have taken part in the transmission of the radiogram, each management or private enterprise relinquisliing its share of the rate. Kadiograms to which Articles 7 and 8 of the Convention of St. Petersburg are applicable shall remain subject, however, to the provisions of the International Telegraph Regulations, except when the acceptance of such radio- grams is the result of an error made by the telegraph service. 2. When the acknowledgment of receipt of a radiogram has not reached the station which has transmitted the message, the charges shall be refunded only if the fact has been established that the radio- gram is entitled to reimbursement. 11. ACCOUNTS AND PAYMENT OF CHARGES. 1. The coastal and shipboard charges shall not enter into the accounts provided for by the International Telegraph Regulations. The accounts regarding such charges shall be liquidated by the managements of the radio service of the countries concerned. They shall be drawn up by the radio managements to which the coastal stations are subject, and communicated by them to the radio man- agements concerned. In cases where the working of the coastal sta- tions is independent of the management of the radio service of the country, the partj'- working such stations may be substituted, as regards the accounts, for the radio management of such country. 2. For transmission over the telegraph lines radiograms shall be treated, so far as the payment of rates is concerned, in conformity with the International Telegraph Regulations. 3. For radiograms proceeding from ships, the radio management to which the coastal station is subject shall charge the radio manage- ment to which the shipboard station of origin is subject with the coastal and ordinary telegraph rates, the total charges collected for answers prepaid, the coastal and telegraph rates collected for repeti- tion of message (for purposes of verification), charges relating to special delivery (in the case provided for in Article XXXVIII). or deliverv by mail, and those collected for additional copies (TM). The radio management to which the coastal station is subject shall credit, when the case arises, through the channel of the telegraph accounts and through the medium of the offices which have partici- pated in the transmission of the radiograms, the radio management to which the office of destination is subject with the total charges relating to answers prepaid. "With respect to the telegraph rates and tlic charges relating to special delivery or deliverv by mail, and to additional copies, the procedure shall be as prescribed in the Tele- graph Regulations, the coastal station being considered as the tele- graph office of origin. 214 For radiooframs intended for a country lyinir beyond the country to which the coastal station bekmgs. the telo«^raph charges to be liqui- dated in conformity with the above provisions shall be those which result either from tables "A" and " B " annexed to the International Telegraph Regulations, or from special arrangements concluded be- tween the radio managements of adjacent countries and published by such managements, and not the charges which might be collected in accordance with the special [ ovisions of Articles XXIII, par. 1, and XXVII. par. 1, of the Telegraph Regulations. For radiograms and paid service notices intended for ships, the radio management to which the office of origin is subject shall be charged directly by that to which the coastal station is subject with the coastal and shi]iboard rates. However, the total charges relating to answers prepaid shall be credited, if there is occasion, from country to country, through the channel of the telegraph accounts, until they reach the radio management to which the coastal station is subject. As regards the telegraph charges and the charges relat- ing to delivery by mail and additional coj^ies, the procedure shall be as prescribed in the Telegraph Regulations. The radio management to which the coastal station is subject shall credit that to which the ship of destination is subject with the shipboard rate, if there is occa- sion, with the rates accruing to the intermediary shipboard stations, the total charge collected for answers prepaid, the shipboard rates for repetition of message (for purjDOses of verification), and the charges collected for the preparation of additional copies and for delivery by mail. Paid service notices and answers prepaid shall be treated in the radio accounts in all respects the same as other radiograms. For radiograms transmitted by means of one or two intermediary stations on shipboard, each one of such stations shall charge the ship- board station of origin, in the case of a radiogram proceeding from a ship, or that of destination, in the case of a radiogram intended for a ship, with the shipboard rate accruing to it for transit. 4. In general, the liquidation of accounts relating to correspond- ence between stations on shipboard shall be effected directly between the companies working such stations, the station of origin being charged by the station of destination. 5. The monthly accounts serving as a basis for the special accounts of radiograms shall be made out tor each radiogram separately with all the necessary data within a period of six months from the month to which they refer. 6. The Governments reserve the right to enter into special agree- ments among themselves and with private companies (parties oper- ating radio stations, shipping companies, etc.) with a view of adopting other provisons with regard to accounts. 12. INTERNATIONAL BUREAU. Aeticle XLIII. The additional expenses resulting from the work of the Inter- national Bureau so far as radio telegraphy is concerned shall not exceed 80,000 francs a year, exclusive of the special expense^ arising from the convening of the International Conference. 215 The managemerits of the radio servnee of tlie contraftinp states shall, so far as contribution to the expenses is concerned, be divided into six classes, as follows: 1st Class: Union of South Africa; Germany, United States of America; Alaska; Hawaii and the otbor American possessions in Polynesia; Philippine Islands; Porto Hico and the American possessions in the Antilles; l^mama Canal Zone; Argentine Republic; Australia; Austria; Brazil; Canada; France; Great Britain; Hungary; British India; Italy; Japan; New Zealand; Russia; Turkey. 2nd Class: Spain. 3rd Class: Russian Central Asia (littoral of the Caspian Sea); Belgium; Chile, Chosen, Formosa, Japanese Sakhalin and the leased territory of Kwantung; Dutch Indies; Norway; Netherlands; Portugal; Ron- mania; Western Siberia (littoral of the Arctic Ocean); Eastern Siberia (littoral of the Pacific Ocean) ; Sweden. 4th Class: German East Africa; German Southwest Africa; Kamerun; Togo Land; German Protectorates in the Pacific; Denmark; Egypt; Indo- China; Mexico; Siam; Uruguay. 6th Class: French West Africa; Bosnia - Herzegovina; Bulgaria; Greece: Madagascar; Tunis. 6th Class: French Equatorial Africa; Portuguese West Africa; Portuguese East Africa and the Portuguese possessions in Asia ; Bokhara ; Bel- gian Congo; Colony of Curacao; Spanish Colony of the Gulf of Guinea; Eritrea; Kliiva; Morocco; Monaco; Persia; San Marino; Italian Somaliland. Article XLIV. The management of the radio service of the different countries shall forward to the International Bureau a table in conformity with the annexed blank, containing the data enumerated in said table for stations such as referred to in Article V of the Regulations. Changes occurring and additional data shall be forwarded by the radio man- agements to the International Bureau between the 1st and 10th day of each month. With the aid of such data the International Bureau shall draw up the list provided for in Article V. Tiie list shall be distributed to the radio managements concerned. The list and the supplements thereto may also be sold to the public at the cost price. The International Bureau shall see to it that the same call letters for several radio stations shall not be adopted. 18. METEOROLOGICAL RADTOnRA:\rS, TIME SIGNALS AND OTHER RADIOGRAMS. Article XLV. 1. Tlie managements of the radio service shall take the necessary steps to supplv their coastal stations witli meteorological radiograms containing indications concerning the district of such stations. Such 216 radiocrrams, the text of which shall not exceed 20 words, shall be transmitted to ships upon request. The rate for such meteorological radiograms shall be carried to the account of the ships to which they are addressed. 2. Meteorological observations made by certain vessels designated for this purpose by the country to which they are subject, may be transmitted once a day, as paid serv'ice notices, to the coastal stations authorized to receive the same by the managements concerned, who shall likewise designate the meteorological offices to which such observations shall be addressed by the coastal stations. 3. Time signals and meteorological radiogi-ams shall be trans- mitted one after the other in such a way that the total time occupied in their transmission shall not exceed ten minutes. As a general rule, all radio stations whose transmissions might interfere with the recep- tion of such signals and radiograms, shall remain silent during their transmission in order that all stations desiring it may be able to receive the same. Exception shall be made in cases of distress calls r.nd of state telegrams. 4. The managements of the radio service shall give to agencies of marithne information such data regarding losses and casualties at sea or other information of general interest to navigation, as the coastal stations may properly report. 14. MISCELLANEOUS PROVISIONS. Akticle XL^^[. The exchange of correspondence between shipboard stations shall be carried on in such a manner as not to interfere with the service » of the coastal stations, the latter, as a general rule, being accorded the right of priority for the public service. Article XL VII. Coastal stations and stations on shipboard shall not be bound to participate in the retransmission of radiograms except in cases where direct communication cannot be established between the stations of origin and destination. The number of such retransmissions shall, however, be limited to two. In the case of radiograms intended for the coast, retransmission shall take place only for the purpose of reaching the nearest coastal station. Retransmission shall in every case be subject to the condition that the intermediate station which receives the radiogram in transit is in a position to forward it. Article XLVIH. If the route of a radiogram is partly over telegraph lines, or through radio stations subject to a non-contracting Government, such radiograms may be transmitted provided the management or the radio service to which such lines or stations are subject have 217 declared that, if the occasion should arise, they will comply with such provisions of the Convention and of the Kef^ulations as are in- dispensible to the regular transmission of radiograms and that the payment of charges is insured. Such declaration shall be made to the International Bureau and coimnunicated to the oflices of the Telegraph Union. Article XLIX. Modifications of the pre.sent regidations which maj' be rendered necessary in consequence of the decisions of subsequent Telegraph Conferences shall go into effect on the date fixed for the application of the provisions adopted by each one of such conferences. Article L. The provisions of the International Telegraph Regulations shall be applicable analogously to radio correspondence in so far t>6 they are not contrary to the provisions of the present regulations. The following provisions of the Telegraph Regulations, in particular, shall be applicable to radio correspondence : Article XXVII, para- graphs 3 to 6, relating to the collection of charges; Article XjCVI and XLI relating to the indication of the route to be followed; Article LXXV, paragraph 1, LXXVIII, paragraphs 2 to 4, and LXXIX, paragraphs 2 and 4, relating to the preparation of ac- counts. However: — (1) The period of six months provided by paragraph 2 of Article LXXIX of the Telegraph Regulations for the verification of accounts shall be extended to nine months in the case of radiograms; (2) The provisions of Article XVI, paragraph 2, shall not be considered as authorizing gratuitous transmission, through radio stations, of service telegrams relating exclusively to the telegraph service, nor the free transmission over the telegraph lines of service telegrams relating exclusively to the radio service; (3) The provisions of Article LXXIX, paragraphs 3 and 5, shall not be applicable to radio accounts. As regards the application of the provisions of the Telegraph Regulations, coastal stations shall be considered as offices of transit except when the Radio Regulations expressly stipulate that such stations shall be considered as offices of origin or of destination. In conformity with Article 11 of the Convention of London, the present Regulations shall go into effect on the first day of July, 1013. In witness whereof the respective plenipotentiaries have signed one copy of these Regulations, which shall be deposited in the ar- chives of the British (iovernment, and a copy of which shall be ti'aus- mitted to each of the Parties. For Germany and the (merman Protectorates: B. KOEHLER O. Waciienfeld Dr. Karl Stre( ker sciirader Goetsch Dr. Emil Krauss FlEUTZ 218 For the United States and the possessions of the United States: John R. Edwards Jxo, Q. Walton Willis L. Moore Louis W. Austin George Owen Squieh Edgar Russel C. McK. Saltzman David Wooster Todd John Hays Hammond, Jr. Webster W. D. Terrell John I. Waterburt For Argentine Republic: Vicente J. Dominguez For Austria : Dr. Gritz Ritter Wagner von Jauregq Dr. Rudolph Ritter Sfeil v. Ostheim For Hungary: Charles Follert Dr. Hennyey For Bosnia-Herzegovina : H. GoiGINGER. G. M. Adolf Daningeb A. CicoLi Romeo Vio For Belgium: For Belgian Congo: For Brazil : For Bulgaria: For Chile: For Denmark: J. Banneaux Deldime Robert B. Goldschmidt Dr. Francisco Bherinq Iv. Stoyanovitch C. E. RiCKARD N. ]\fEYER J. A. VoHTZ R. N. A. Fabeb T. F. KR.VRUP For Egypt: J. S. Liddell For Spain and the Spanish Colonies: Jacobo Garcia Roure Juan de Carr.\nza y Garrido Jacinto Laborador Antonio Nieto ToMAS Fernandez Quintana Jaime Janer Robinson For France and Algeria : A. Frouin For French West Africa : A. Duchenb 219 For French Equatorial Alricu : A. DUCIIENB For Indo-China: A. DUCHENB For Madagascar: A. DuCHENB For Tunis : Et. de Felcourt For Great Britain and tlie various British Colonies and Protec- torates : H. Baijington Smith E. W. F.VRNALL E. Charlton G. M. AV. Macdonogh For Union of South Africa : Richard Solomon For Australian Federation : Charles Bright. For Canada : For British India : For New Zealand : For Greece : G. J. Desbarats H. A. Kirk Dempster. C. Wray Palliser. C. Dosios For Italy and the Italian Colonies: Prof. A. Battelli For Japan and for Chosen, Formosa, Japanese Sakhalin, and th# leased territory of Kwantung: Tetsujiro Sakano Kenji Ide Rnjju Nakayama Seiichi Kukose For Morroco: For Monaco: For Norway: For Netherlands; Mohammed el Kabadj u. aseksio Fr. Roussel Hefty E K. A. Knidsson G. J. C. A. Pop J. P. GlEPIX For Dutch Indies and tlic Colony of Curac^ao: Perk F. van der Goot For Persia : MiRZA Abdil Ghafjar Khan For Portupnl and the Portuguese Colonies: Antonio Maria da Silva Ft)r Roumania : C. Boerescu 220 For Russia and the Russian possessions and Protectorates: N. DE Etter P. OSSADTCHY A, EULER Sergueievitch C. Dmitrieff D. SOKOLTSOW A. Stchastni Baron A. Wyneken" For Republic of San Marino: Aeturo Serena For Siam: Fot Sweden: For Turkey: For Uruguay: Ldang Sanpakftch Pkeecha Wm. J. Aecheb Rydin Hamilton M. Emin M. Fahry OsMAN Sadi Fed. R. Vidiella (Supplement to Article XLIV of the Regulations.) Etadio Management of . Service Particulars of Radio Stations. (a) COASTAL STATIONS • ^^ %% « g.i tion: E. E West Ion rth latitu tude. Te ns. fl 5 s3 ■Sa ■23 It E 3 •9fe "S ^ o cs. (When necessa and maimer of .sendi signals and meteorolo diograms.) Namp, "3 eographical loca longitude. 0. tude. N. No S. South lati torial subdivisio g ^a si system wit ics of the m. lengths in al wave 1 rscored). s E £■3 Si rate, per w num rate , in francs. O o adio terist syste 'ave norm unde s 3 OJ Coastal minii gram emar hour time calra "A o O "A rt ts iz; W A (b) shipboard stations. Name. 03 I 01 09 o ^a C3 a O .C 03 ^:: . O o to •« ♦J a a fl 0) ca •2 s e 5 3 f.3: 1^ J3 P. te o (> ^.a Si ao o 3« £ •o B fl a O 2; w fe 2 fl o I- fl S« o fl*— _ »a.a^ ■Sfl Si o o o t, o XI cr 00 ■2 2^^ »; o 09 O CO CO fl Kfl flS^ *lV fl fc- "I n is followed by a mark of interrogation, it refers to the question indicated for that abbreviation. 222 EXAMPLES. StaHon. A Q R A? What is the name of your station? B Q R A Campania This is the Campania. A Q R G? To what line do you belong. B Q R G Cunard Q R Z I belong to the Cunard Line. Your signals are weak. Station A then increases the power of its transmitter and sends: A Q R K? How are you receiving? B Q R K I am receiving well. Q R B 80 The distance between our stations is 80 nautical miles. Q R C 62 My true bearing is G2 degrees, etc. Resolved {two-thirds of the Senators present concurring therein)^ That the Senate advise and consent to the ratification of the radio- telegraphic convention si^ed at London on July 5, 1912, with the final protocol and service reflations connected therewith: Provided^ That the Senate advise and consent to the ratification of said con- vention with the understanding to be expressed as a part of the in- strument of ratification that nothing in the Ninth Article of the Regulations aflfixed to the convention shall be deemed to exclude the United States from the execution of her inspection laws upon vessela entering in or clearing from her ports. COLOMBIA, 1903. Ship Canal Convention. Signed at Washington January 22, 1903 ; ratification advised by the Senate March 17, 1903. [The text of this convention is taken from the copy printed for the use of the Senate of the United States.] Articles. I. Sale iind transfer of rights, etc. II. Right to excavate, construct, etc., canal. III. Canal Zone. IV. Sovereignty of Colombia over Canal Zone. V. Ports at entrance of canal. VI. Acquisition of islands or har- bors by foreign Governments. VII. Subsidiary rights; damages. VIII. Exemption of customhouse tolls, etc. IX. Exemption of taxes. X. Telegraph and telephone lines. XI. Access of employees. XII. Importation into zone. XIII. Protection of canal ; judicial tribunals. XIV. Expropriation of lands and water. XV. Use of ports by vessels in dis- tress. XVI. Neutrality. XVII. Transportation by Colombia of vessels, etc., over canal. XVIII. Regulations. XIX. Sovereignty of Colombia. XX. Cancellation of existing treaties. XXI. Anterior debts, concessions, etc. XXII. Renunciation of rights under concessionary contracts. XXIII. Armed force for protection of canal. XXIV. Period of construction; ex- tension. XXV. Consideration. XXVI. Change in government, laws, treaties. XXVII. Composition of joint com- mission. XXVIII. Ratification. The United States of America and the Eepublic of Colombia, being desirous to assure the con.struction of a ship canal to con- nect the Atlantic and Pacific Oceans and the Congress of the United States of America having passed an Act approved June 28, 1902, in furtherance of that object, a copy of which is hereunto annexed,* the high contracting ])arties have resolved, for that jiurpose, to con- clude a Convention and have accordingly appointed as their pleni- potentiaries. The President of the United States of America, John Hay, Secre- tary of State, and • See U. S. Stat."., vol. 32. p. 481. (223) 224 The President of the Republic of Colombia. Thomas Herran, Charge d'Ati'aires, thereunto specially eniixnvered by said govern- ment. who. after communicating to each other their respective full poAvers, found in good and due form, have agreed upon and concluded the following Articles: Article I. The Government of Colombia authorizes the New Panama Canal Company to sell and transfer to the United States its rights, privi- leges, properties, and concessions, as well as the Panama Railroad and all the shares or part of the shares of that company; but the public lands situated outside of the zone hereinafter specified, now corresponding to the concessions to both said enterprises shall revert to the Republic of Colombia, except any property now owned by or in the possession of the said companies within Panama or Colon, or the ports and terminals thereof. But it is understood that Colombia reserves all its rights to the special shares in the capital of the New Panama Canal Company to which reference is made in Article IV of the contract of December 10, 1890, which shares shall be paid their full nominal value at least; but as such right of Colombia exists solely in its character of stock- holder in said Company, no obligation under this provision is im- posed upon or assumed by the United States. The Railroad Company (and the United States as owner of the enterprise) shall be free from the obligations imposed by the rail- road concession, excepting as to the payment at maturity by the Railroad Company of the outstanding bonds issued by said Railroad Company. Akticle it. The United States shall have the exclusive right for the term of one hundred years, renewable at the sole and absolute option of the United States, for periods of similar duration so long as the United States may desire, to excavate, construct, maintain, operate, control, and protect the Maritime Canal with or witliout locks from the At- lantic to the Pacific Ocean, to and across the territory of Colombia, such canal to be of sufficient depth and capacity for vessels of the largest tonnage and greatest draft now engaged in commerce, and such as may be reasonably anticipated, and also the same rights for the construction, maintenance, operation, control, and protection of the Panama Railroad and of railway, telegraph and telephone lines, canals, dikes, dams, and reservoirs, and such other auxiliary works as may be necessary and convenient for the construction, main- tenance, protection, and operation of the canal and railroads. ARTICLE III. To enable the United States to exercise the rights and privileges granted by this Treaty the Republic of Colombia grnnts to that Gov- ernment the use and control for the teiin of one hundred years, re- 225 newable at the sole and absolute option of the United States, for periods of similar duration so lon<; as the United States may desire, of a zone of territory aloui^ tiie route of the canal to be constructea five kilometers in width on either side thereof measured from its cen- ter line includino; therein the necessai*y auxiliary canals not exceed- ing; in any case fifteen miles from the main canal and other works, tojiether with ten fathoms of water in the Bay of Limon in extension of the canal, and at least three marine miles from mean low water mark from each terminus of the canal into the Caribliean Sea and the Pacific Ocean respectively. So far as necessary for the construction, maintenance and operation of the canal, the United States shall have the use and occupation of the «:i'oup of small islands in the Bay of Panama named Perico, Naos, Culebra and Flamenco, but the same shall not be construed as bein^ within the zone herein defined nor governed by the special provisions applicable to the same. This grant shall in no manner invalidate the titles or rights of pri- vate land owners in the said zone of territory, nor shall it interfere with the rights of way over the public roads of the Department; pro- vided, however, that nothing herein contained shall operate to dimin- ish, impair or restrict the rights elsewhere herein granted to the United States. This grant shall not include the cities of Panama and Colon, ex- cept so far as lands and other property therein are now owned by or in possession of the said Canal Company or the said Railroad Com- pany; but all the stipulations contained in Article 35 of the Treaty of 1846-48 between the contracting parties shall continue and apply in full force to the cities of Panama and Colon and to the accessory community lands and other property within the said zone, and the territory thereon shall be neutral territoiy, and the United States shall continue to guarantee the neutrality thereof and the sover- eignty of Colombia thereover, in conformity with the above-men- tioned Article 35 of said Treaty. In furtherance of this last provision there shall be created a Joint Commission by the Governments of Colombia and the United States that shall establish and enforce sanitary and police regulations. Article IV. The rights and privileges granted to the United States by the terms of this convention shall not affect the sovereignty of the Republic of Colombia over the territory within whose boundaries such rights and privileges are to be exercised. The United States freely acknowledges and recognizes this sov- ereignty and disavows any intention to impair it in any way what- ever or to increase its territory at the expense of Colombia or of any of the sister republics in Central or South America, but on the contrary, it desires to strengthen the power of the republics on this continent, and to promote, develop and maintain their prosperity and independence. Article V. The Republic of Colombia authorizes the United States to construct and maintain at each entrance and terminus of the proposed canal a port for vessels using the same, with suitable light houses and othei 226 aids to navigation, and the United States is authorized to use and occupy within the limits of the zone fixed b}' this convention, such parts of the coast line and of the lands and islands adjacent thereto as are necessary for this purpose, including the construction and maintenance of breakwaters, dikes, jetties, embankments, coaling stations, docks and other appropriate works, and the United States undertakes the construction and maintenance of such works and will bear all the expense thereof. The ports when established are declared free, and their demarcations shall be clearh' and definitely defined. To give etlect to this Article, the United States will give special attention and care to the maintenance of works for drainage, sanitary and healthful purposes along the line of the canal, and its de- pendencies, in order to prevent the invasion of epidemics or of securing their prompt suppression should they appear. With this end in view the United States will organize hospitals along the line of the canal, and will suitably supply or cause to be supplied the towns of Panama and Colon with the necessary aqueducts and drain- age works, in order to prevent their becoming centers of infection on account of their proximity to the canal. The Government of Colombia will secure for the United States or its nominees the lands and rights that may be required in the towns of Panama and Colon to effect the improvements above referred to, and the Government of the United States or its nominees shall be authorized to impose and collect equitable water rates, during fifty years for the service rendered; but on the expiration of said term the use of the water shall be free for the inhabitants of Panama and Colon, except to the extent that may be necessary for the operation and maintenance of said water system, including reservoirs, aque- ducts, hydrants, sup23ly service, drainage and other works. Article VI. The Republic of Colombia agi-ees that it will not cede or lease to any foreign Government any of its islands or harbors within or adjacent to the Bay of Panama, nor on the Atlantic Coast of Colombia, between the Atrato River and the western boundary of the Department of Panama, for the purpose of establishing forti- fications, naval or coaling stations, military posts, docks or other works that might interfere with the construction, maintenance, operation, protection, safety, and free use of the canal and auxiliary works. In order to enable Colombia to comply w'ith this stipulation, the Government of the United States agrees to give Colombia the material support that may be required in order to prevent the occu- pation of said islands ancl ports, guaranteeing there the sovereignty, independence and integrity of Colombia. Article VII. The Republic of Colombia includes in the foregoing grant the right without obstacle, cost, or im])ediment, to such control, con- sumption and general utilization in any manner found necessary by the United States to the exercise by it of the grants to, and rights conferred upon it by this Treaty, the waters of the Chagres River and other streams, lakes and lagoons, of all non-navigable waters. 007 natural and artificial, and also to navijrato all rivers, streams, lakes and other navi^al)le ^vn(er-^vays, wiliiin the jurisdiction and under the dominion of the Kepublic of Colombia, in the De|)artment of Panama, within or without said zone, as may be necessary or desir- able for the construction, maintenance and operation of the canal and its auxiliary canals and otiiei- works, and without tolls or charges of any kind; and to raise and lower tiie levels of the waters, and to deflect them, and to impound any such waters, and to overflow any lands necessary for the due exercise of such ^rrants and rights to the United States; and to rectify, construct and improve the navi- gation of any such rivers, streams, lakes and lagoons at the sole cost of the United States; but any such water-ways so made by the tjnited States may be used by citizens of Colombia free of tolls or other charges. xVnd the United States shall have the right to use without cost, any water, stone, clay, earth or other minerals belong- ing to Colombia on the public domain that may be needed by it. All damages caused to private land owners by inundation or by the deviation of water courses, or in other ways, arising out of the construction or operation of the canal, shall in each case be appraised and settled by a joint commission appointed by the Governments of the United States and Colombia, but the cost of the indemnities so agreed upon shall be borne solely by the United States. Article VIII. The Government of Colombia declares free for all time the ports at either entrance of the Canal, including Panama and Colon and the waters thereof in such manner that there shall not be collected by the Government of Colombia custom house tolls, tonnage, an- chorage, light-house, wharf, pilot, or quarantine dues, nor any other charges or taxes of any kind shall be levied or imposed by the Gov- ernment of Colombia "upon any vessel using or passing through the Canal or belonging to or employed by the United States, directly or indirectly, in connection with the construction, maintenance and op- eration of the main Avork or its auxiliaries, or upon the cargo, offi- cers, crew, or passengers of any such vessels; it being the intent of this convention that all vessels "and their cargoes, crews, and passen- gers, shall be permitted to use and pass through the Canal and the ports leading thereto, subject to no other demands or^ impositions than such tolls and charges as may be imposed by the United States for the use of the Canal and other works. It being understood that such tolls and charges shall be governed by the provisions of Article XVI. The ports leading to the Canal, including Panama and Colon, also shall be free to the commerce of the world, and no duties or taxes shall be imposed, except upon merchandise destined to be introduced for the consumption of the rest of the Kepublic of Colombia, or the Department of Panama, and upon vessels touching at the ports of Colon and Panama and which do not cross the Canal. Though tlie said ports shall be free and open to all. the Govern- ment of Colombia may establish in them such custom houses and guards as Colombia may deem necessary to collect duties on importa- tions destined to other portions of Colombia and to prevent contra- 76844"— S. Doc. 10G.3, 61^-3 16 228 band trade. The United States shall have the right to make use of the ports at the two extremities of the Canal including Panama and Colon as places of anchorage, in order to make repairs for loading, unloading, depositing, or transshipping cargoes either in transit or destined for the serWce of the Canal and other works. Any concessions or privileges granted by Colombia for the opera- tion of light houses at Colon and Panama shall be subject to expro- priation, mdemnification and payment in the same manner as is pro- vided by Article XIV in respect to the property therein mentioned; but Colombia shall make no additional grant of any such privilege nor change the status of any existing concession. Article IX. There shall not be imposed any taxes, national, municipal, depart- mental, or of any other class, upon the canal, the vessels that may use it, tugs and other vessels employed in the service of the canal, the railways and auxiliary works, store houses, work shops, ofl&ces, quarters for laborers, factories of all kinds, warehouses, wharves, machinery and other works, property, and effects appertaining to the canal or railroad or that may be necessary for the service of the canal or railroad and their dependencies, whether situated within the cities of Panama and Colon, or any other place authorized by the provisions of this convention. Xor shall there be imposed contributions or charges of a personal character of whatever species upon officers, employees, laborers, and other individuals in the service of the canal and its dependencies. Aeticle X. It is agreed that telegraph and telephone lines, when established for canal purposes, may also, under suitable regulations, be used for public and private business in connection with the systems of Colombia and the other American Republics and with the lines of cable companies authorized to enter the ports and territories of these Republics; but the official dispatches of the Government of Colombia and the authorities of the Department of Panama shall not pay for such service higher tolls than those required from the officials in the service of the United States. ArticI/E XI. The Government of Colombia shall permit the immigration and free access to the lands and workshops of the canal and its depend- encies of all employees and workmen of whatever nationality under contract to work upon or seeking employment or in any wise con- nected with the said canal and its dependencies, with llioir respective families, and all such persons shall be free and exempt from the military service of the Republic of Colombia. Article XII. The United States may import at any time into the said zone, fr(;© of customs duties, imposts, taxes, or other charges, and with- 229 out any restriction, any and all vessels, dredges, eno^ino^, cars, ma- chinery, tools, explosives, iiialerinls, supplies, and other articles nec- essar}' and convenient in the construction, maiiitenaiu.'e and operation of the canal and auxiliary woi-ks, also all provisions, medicines, clothing, supplies and other things necessary and convenient for the oflicors, employees, workmen and laborers in the service and employ of the United States and for their families. If any such articles are disposed of for use without the zone excepting Panama and Colon and within the territory of the Republic, they sluill be subject to the same import or other duties as like articles under the laws of Colom- bia or the ordinances of the Department of Panama. Akticle XIII. The United States shall have authority to protect and make secure the canal, as well as railways and other auxiliary works and depend- encies, and to preserve order and discipline among the laborers and other persons who may congregate in that re<^ion and to make and enforce such police and sanitary regulations as it may deem necessary to preserve order and public health thereon, and to protect naviga- tion and commerce through and over said canal, railways and other works and dependencies from interruption or damage. I. The Republic of Colombia ma.j establish judicial tribunals within said zone, for the determination, according to its laws and judicial procedure, of certain controversies hereinafter mentioned. Such judicial tribunal or tribunals so established by the Republic of Colombia shall have exclusive jurisdiction in said zone of all con- troversies between citizens of the Republic of Colombia, or between citizens of the Republic of Colombia and citizens of any foreign nation other than the United States, II. Subject to the general sovereignty of Colombia over said zone, the United States may establish judicial tribunals thereon, which shall have jurisdiction of certain controversies hereinafter mentioned to be determined according to the laws and judicial procedure of the United States. Such judicial tribunal or tribunals so established by the United States shall have exclusive jurisdiction in said zone of all contro- versies between citizens of the United States, and between citizens of the T'^^nited States and citizens of any foreign nation. other than the Republic of Colombia ; and of all controversies in any wise growing out of or relating to the construction, maintenance or opera- tion of the canal, railway and other properties and works. III. The United States and Colombia engage jointly to establish and maintain upon said zone, judicial tribunals having civil, crimi- nal and admiralty jurisdiction and to be composed of jurists ap- pointed by the Governments of the United States and Colombia in a manner hereafter to be agreed upon between said Governments, and which tribunals shall have jurisdiction of certain controversies here- inafter mentioned, and of all crimes, felonies and misdemeanors committed within said zone, and of all cases arising in admiralty, according to such laws and pro<'edure as shall be hereafter agreed upon and declared by the two governments. Such joint judicial tribunal shall have exclusive jurisdiction in said zone of all controversies between citizens of the United States 230 and citizens of Colombia, and between citizens of nations other than Colombia or the United States; and also of all crimes, felonies and misdemeanors committed within said zone, and of all questions of admiralty arising therein. IV. The two Governments hereafter, and from time to time as occasion arises, shall agree upon and establish the laws and pro- cedures which shall govern such joint judicial tribunal and which shall be applicable to the persons and cases over which such tribunal shall have jurisdiction, and also shall likewise create the requisite ofHcers and employees of such court and establish their powers and duties; and further shall make adequate provision by like agree- ment for the pursuit, capture, imprisonment, detention and delivery within said zone of persons charged with the commitment of crimes, felonies or misdemeanors without said zone; and for. the pursuit, capture, imprisonment, detention and delivery without said zone of persons charged with the commitment of crimes, felonies and mis- demeanors within said zone. Article XIV. The works of the canal, the railways and their auxiliaries are declared of public utility, and in consequence all areas of land and water necessary for the construction, maintenance, and operation of the canal and the other specified works ma}' be expropriated in con- formity with the laws of Colombia, except that the indemnity shall be conclusively determined without appeal, by a joint commission appointed by the Governments of Colombia and the United States. The indemnities awarded by the Commission for such expropria- tion shall be borne by the United States, but the appraisal of said lands and the assessment of damages shall be based upon their value before the commencement of the work upon the canal. Article XV. The Republic of Colombia grants to the United States the use of all the ports of the Republic open to commerce as places of refuge for any vessels emplo3^ed in the canal enterprise, and for all vessels in distress having the right to pass through the canal and wishing to anchor in said ports. Such vessels shall be exempt from anchorage and tonnage dues on the part of Colombia. Article XVI. The canal, when constructed, and the entrance thereto shall be neutral in perpetuity, and shall be opened upon the terms provided for by Section I of Article three of, and in conformity with all the stipulations of, the treaty entered into by the Governments of the United States and Great Britain on November 18, 1901. Article XVII. The Government of Colombia shall have the right to transport over the canal its vessels, troops, and munitions of war at all times with- out paying charges of any kind. This exemption is to be extended 231 to the auxiliary railway for the transportation of persons in the service of tlic Republic of Colombia or of the Department of I'anama, or of the police force charged with the preservation of public order outside of said zone, as well as to their baggage, munitions of war and supplies. Article XVIII. The United States shall have full power and authority to establish and enforce regulations for the use of the canal, railways, and tlie entering ports and auxiliary works, and to fix rates of tolls and charges thereof, subject to the limitations stated in Article XVI. Article XIX. The rights and privileges granted to the United States by this convention shall not ail'ect the sovereignty of the Republic of Colom- bia over the real estate that may be acquired by the United States by reason of the transfer of the rights of the New Panama Canal Company and the Panama Railroad Company lying outside of the said canal zone. Article XX. If by virtue of any existing treaty between the Republic of Colom- bia and any third power, there may be any privilege or concession relative to an interoceanic means of communication which especially favors such third power, and which in any of its terms may be in- compatible with the terms of the present convention, the Republic of Colombia agrees to cancel or modify such treaty in due form, for which purpose it shall give to the said third power the requisite notification within the term of four months from the date of the present convention, and in case the existing treaty contains no clause permitting its modification or annulment, the Republic of Colombia agrees to "procure its modification or annulment in such form that there shall not exist any conflict with the stipulations of the present convention. Article XXI. The rights and privileges granted by the Republic of Colombia to the United States in the preceding Articles are understood to be free 9f all anterior concessions or privileges to other Governments, cor- porations, syndicates or individuals, and consequently, if there should arise any claims on account of the present concessions and privileges or otherwise, the claimants shall resort to the Government of Colom- bia and not to the United States for any indenniity or compromise which may be required. Akticle XXII. The Republic of Colomlna renounces and grants to the United States the j-jart icipalion to wiiich it might be entitled in the future earnings of the canal under Article XV of tlie concessionary coniract with Lucien N. B. Wyse now owned by the New Panama Canal Com- pany and any and all other rights or claims of a pecuniar}' nature 232 arising under or relating to said ctmce^sion. or arising under or relating to the concessions to the Panama Kailroad Company or any extension or modification thereof; and it likcAvise renounces, con- firms and grants to the United States, now and hereafter, all the rights and property reserved in the said conce-^sions ^Yhich otlierwise would belong to Colombia at or before the expiration of the terms of ninety-nine years of the concessions granted to or held by the above mentioned party and companies, and all right, title and interest which it now has or may hereafter have, in and to the lands, canal, works, property and rights held by the said companies under said concessions or otherwise, and acquired or to be acquired by the United States from or through the New Panama Canal Company, including any property and rights which might or may in the future either by lapse of time, forfeiture or otherwise, revert to the Republic of Colombia under any contracts of concessions, with said AVyse, the Universal Panama Canal Company, the Panama Railroad Company and the New l^anama Canal Company. The aforesaid rights and property shall be and are free and re- leased from any present or reversionary interest in or claims of Colombia and the title of the United States thereto upon consum- mation of the contemplated purchase b}' the United States from the New Panama Canal Company, shall be absolute, so far as concerns the Republic of Colombia, excepting always the rights of Colombia specifically secured under this treaty. Article XXIII. If it should become necessary at any time to employ armed forces for the safety or protection of the canal, or of the ships that make use of the same, or the railways and other works, the Republic of Colom- bia agrees to provide the forces necessary for such purpose, according to the circumstances of the case, but if the Government of Colombia cannot effectively comply with this obligation, then, with the consent of or at the request of Colombia, or of her Minister at Washington, or of the local authorities, civil or military, the United States shall employ such force as may be necessarv for that sole purpose ; and as soon as the necessity shall have ceased will withdraw the forces so employed. Under exceptional circumstances, however, on account of unforeseen or imminent danger to said canal, railways and other works, or to the lives and property of the persons employed upon the canal, railways, and other works, the Government of the United States is authorized to act in the interest of their protection, without the necessity of obtaining the consent beforehand of the Government of Colombia; and it shall give immediate advice of the measures adopted for the purpose stated; and as soon as sufficient Colombian forces shall arrive to attend to the indicated purpose, those of the United States shall retire. Article XXIV- The Government of the United States agrees to complete the con- struction of the preliminary works necessary, together with all the auxiliary works, in tlie shortest time possible; and within two years from the date of the exchange of ratification of this convention the main works of the canal proper shall be commenced, and it shall be 233 opened to the traffic between the two oceans within twelve years after such period of two years. In case, however, that any di/Ticulties or obstacles should arise in the construction of the canal wiiich are at present impossible to foresee, in cousidei-ation of the pood faitii with which the (iovernnient of the Unilod States shall have proc<'eded, and the large amount of money expended so far on the works and the nature of the difficuUies which may have arisen, the Government of Colombia will prolong the terms stipulated in this Artick* up to twelve years more for the completion of the worlv of the canal. But in case the United States should, at any time, determine to make such canal practically a sea level canal, then such period shall be extended for ten years further. Article XXV. As the price or compensation for the right to use the zone granted in this convention by Colombia to the United States for the construc- tion of a canal, together with the proprietary right over the Panama Railroad, and for the annuity of two hundred and fifty thousand dollars gold, which Colombia ceases to receive from the said rail- road, as well as in compensation for other rights, privileges and ex- emptions granted to the United States, and in consideration of the increase in the administrative expenses of the Department of Panama consequent upon the construction of the said canal, the Government of the United States binds itself to pay Colombia the sum of ten million dollars in gold coin of the United States on the exchange of the ratification of this convention after its approval according to the law^s of the respective countries, and also an annual ])ayment during the life of this convention of two hundred and fifty thousand dollars in like gold coin, beginning nine years after the date aforesaid. The provisions of this Article shall be in addition to all other benefits assured to Colombia under this convention. But no delay nor diflforence of opinion under this Article shall affect nor interrupt the full operation and effect of this convention in all other respects: Article XXVI. No change either in the Government or in the laws and treaties of Colombia, shall, without the consent of the United States, affect any right of the United States under the present convention, or un- der any treaty stipulation between the two countries (that now exist or may hereafter exist) touching the subject-matter of this conven- tion. If Colombia shall hereafter enter as a constituent into any other Government or into any union or confederation of States so as to merge her sovereignty or independence in such Government, union, or confederation, the rights of the ITnited States under this conven- tion shall not be in any respect lessened or impaired. Article XXVII. The joint commission referred to in Articles III, VIT and XTV shall bo established as fallows: The President of the United States shall nominate two per-ons and the President of Colombia shall nominate two persons and they 234 shall proceed to a decision; but in case of disagreement of the Com- mission (by reason of their being equally divided in conclusion) an imipire shall be appointed by the two Governments, who shall render the decision. In the event of death, absence or incapacity of any Commissioner or umpire, or of his omitting, declining or ceasing to act, his place shall be filled by the appointment of another person in the manner above indicated. All decisions by a majority of the Com- mission or by the umpire shall be final. Article XXVIII. This convention when signed by the contracting parties, shall be ratified according to the laws of the respective countries and shall be exchanged at Washin^on within a term of eight months from this date, or earlier if possible. In faith whereof, the respective plenipotentiaries have signed the present convention in duplicate and have hereunto affixed their re- spective seals. Done at the City of Washington, the 22d day of January in the 5'ear of our Lord nineteen hundred and three. (Signed) John Hay. [seal.] (Signed) Tomas Herran. [seal.] COl.O.MHIA. 1909. Ship Canal Tkiuty.* Signed at Washington Januamj 9, 1900/ ratif cation advised hy Sen- ate February ^4, lOO.'K [The text of this convention is taken from the copy printed for the use of the Senate of the United States.] Articles. I. Peace and friendship. II. Freedom of passnge of troops, pliips of war. etc. III. Exeinptiou of duty on provisions, cattle, etc. IV. Transportation of mails and products of Colombia. V. Re<.'Ognition of Republic of I'anania ; payments assigned. VI. Use of ports; renunciation of contracts and concessions. VII. Revision of treaty with New Grenada. VIII. Ratification. The United States of America and the Republic of Colombia, being equally animated by the desire to remove all obstacles to a good understanding between them and to facilitate the settlement of the questions heretofore pending between Colombia and Panama by adjusting at the same time the relations of Colombia to the canal which the United States is now constructing across the Isthmus of Pananui, have resolved to conclude a Treaty and to that end have appointed as their Plenipotentiaries: The President of the United States of America, Elihu Root, Sec- retary of State of the United States: The President of the Republic of Colombia, Senor Don Enrique Cortes, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Colombia at Washington : Who, after comuiunicating to each other their respective full powers, wliich were found to be in due and proper form, have agreed upon the following articles: Article I. There shall be mutual and inviolable peace and sincere friendship between the Governments and peoples of the two High Contracting Parties without exception of persons or places under their respective dominion. Article II. In consideration of the provisions and stipulations heKcinafter contained it is agreed as follows: The Keiniblic of Colombia shall have liberty at all times to convey through the ship canal now in course of con.struction by the United * The treaties with Colombia and Panama, and between Panama and Colombia, being of a trip.irtite nature, each depending on the other, have not become opera- tive by reason of the failure of Colombia to accept them. (235) 236 States across the Isthmus of Panama the troops, materials for war and ships of war of the Republic of Colombia, without paying any duty to the United States; even in the case of an international war between Colombia and another country. While the said interoceanic canal is in course of construction, the troops and materials for war of the Republic of Colombia, even in the case of an international war between Colombia and any other country, shall be transported on the railway between Ancon and Cristobal, or on any other railway substituted therefor, upon the same conditions on which similar service is rendered to the United States. The officers, agents, and employees of the Government of Colombia shall, during the same period, be entitled to free passage upon the said railway across the Isthmus of Panama upon due notification to the railway officials and the production of evidence of their official character. The foregoing provisions of this article shall not, however, apply in ca^e of war between Colombia and Panama. Article IIL The products of the soil and industry of the Republic of Colombia, such as provisions, cattle, etc., shall be admitted to entry in the Canal Zone subject only to such duty as would be payable on similar prod- ucts of the United States of America under similar conditions, so far as the United States of America has any right or authority to fix the conditions of such importations. Colombian laborers employed in the Canal Zone during the con- struction of the canal, who may desire that their own families supply them with provisions for their personal use, shall be entitled to have such provisions admitted to the Canal Zone for delivery to them free of any duty, provided that declaration thereof shall first have been made before the commissary officers of the Isthmian Canal Commis- sion, in order to obtain the previous permit for such entry, and sub- ject to such reasonable regulations as shall be prescribed by the Com- mission for ensuring the bona fides of the transaction. Article IV. Colombian mails shall have free passage through the Canal Zone and througli the post-offices of Ancon and Cristobal in the Canal Zone, paying "only such duties or charges as are paid by the mails of the United States. During the construction of the canal, Colombian products passing over the Isthmian Railway from and to Colombian ports shall be transported at the lowest rates which are charged for similar prod- ucts of the United States passing over said railway to and from the ports of the United States; and sea salt, exclusively produced in Colombia, passing from the Atlantic coast of Colombia to any Co- lombian port on the Pacific coast, shall be transported over said rail- way free of any charge except the actual cost'of handling and trans- portation, not exceeding one-half of the ordinary freight charges. 237 Article V. The United States recojjnizes and accepts notice of the assinrnment by the Republic of Panama to the Kepiiblic of C()U)n)l)ia of tlie ri«^ht to receive from the United Stales payment of $-jr)0,n()0 in Aiiiciican gold in each year from the year 1908 to the year 1017, botli inclusive, such assignment having been made in manner and form as contained in the treaty between tlie Republic of Colombia and the Republic of Panama bearing even date herewith, whereby the independence of the Repul)lic of Panama is recognized by the Republic of Cokunbia and the Republic of Panama is released from obligation for the pay- ment of any part of the external and internal debt of the Republic of Colombia. Abticle VI. The Republic of Colombia grants to the United States the use of all the ports of the Republic open to commerce as places of refuge for any vessels employed in the canal enterprise, and for all vessels in distress passing or bound to pass through the canal and seeking shelter or anchorage in said ports, subject in time of war to the rules of neutrality properly applicable thereto. Such vessels shall be exempt from anchorage or tonnage dues on the part of the Republic cf Colombia. The Republic of Colombia renounces all rights and interests in connection with any contract or concession made between it and any corporation or person relating to the construction or operation of a canal or railway across the Isthmus of Panama. Article VII. As soon as practicable after the exchange of ratifications of this treaty and the contemporaneous treaties of even date herewith be- tween the United States of America and the Republic of Panama, and between the Republic of Colombia and the Republic of Panama, the United States of America and the Republic of Colombia will enter into negotiations for the revision of the Treaty of Peace, Amity, Navigation, and Commerce between the United States of America and the Republic of New Granada, concluded on the liMh day of December, 1846, with a view to making the provisions therein con- tained conform to existing conditions, and to including therein pro- vision for a general treaty of arbitration. Article VIII. This treaty, duly signed by the High Contracting Parties, shall be ratified by each according to its respective hnvs. and the ratifica- tions thereof shall be exchanged at Washington as soon as possible. But it is understood that such ratifications are not to be exchanged nor the provisions of this treaty made obligatory upon either party, until and unlc'^s the aforesaid treaties between the Republic of Co- lombia and tlie Republic of Panama, and between the United States of America and the Republic of Panama, bearing even date herewith, 238 are both diilv ratified, and tlie ratifications thereof are exchansed simultaneousl}' witli the exchange ot ratifications of this treaty. In witness whereof, We, the respective Plenipotentiaries, have signed the present treaty in duplicate, in the English and Spanish languages, and have hereunto affixed our respective seals. Done at the City of Washington, the 9th day of January, in the year of our Lord nineteen hundred and nine. (Signed) Elihu Root [seal] (Signed) Enrique Cortes [seal] PANAMA. 1909. Ship Canal Treaty.* Signed at Washington January 9, 1909; ratification advised hy the ' Senate March 3, 1909. [The text of this convention is taken from the copy printed for the use of the Senate of the United States.] Articles. I. Payment. II. Delimitation of Panama and Colon. III. Arbitration of differences. IV. Reciprocal liberty of commerce and uaviKation. V. When effective. VI. Ratification. The United States of America and the Kepublic of Panama, mu- tually desiring to facilitate the construction, maintenance and opera- tion of the interoceanic canal across the Isthmus of Panama and to promote a good understanding between the nations most clo.sely and directly concerned in this highway of the world's commerce, and thereby to further its construction and protection, deem it well to amend and in certain respects supplement the treaty concluded be- tween the United States of America and the Republic of Panama on the 18th of November, 1903, and to that end have appointed their re- spective Plenipotentiaries, to wit : The President of the United States of America, Elihu Root, Secre- tary of State of the Ignited States; The President of the Republic of Panama, Carlos Constantino Arosemena, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Panama, Who, after exchange of their full powers, found to be in good and due form, have agreed upon the following articles: Article I. It is mutually agreed between the High Contracting Parties that Article XIV of the treaty concluded between them on the 18th day of November, 1903, be and the same is hereby amended by substituting therein the words " four years " for the words " nine years,'' and accordingly the United Stales of America agrees (o nuike the annual payments therein provided for beginning four years from the ex- change of said treaty instead of nine years from that date. The United States of America consents that the Republic of Panama may assign and transfer, in advance, to the Republic of Colombia, and to its assigns or nominees, the first ten annual in- « See note, p. 2,%. (239) 240 stallments of Two Hundred and Fifty Tliousand Dollars each, so falling due under said treaty as thus amended, on the 2()th days of February in the years 1908 to 1917, both inclusive, and its right and title thereto, and. upon the direction and acquittance therefor of the Republic of Panama, will pay said ten installments as they respec- tively fall due directly to the Republic of Columbia, its assigns or nominees, for account of the Republic of Panama. Such install- ments as may have matured when the ratifications of this treaty shall be exchanged pursuant to its terms shall be payable on the ninetieth day after the date of such exchange. Aeticle II. Final delimitation of the cities of Panama and Colon and of the harbors adjacent thereto, under and to elTectuate the provisions of Article II of said treaty of November 18th, 1903, shall be made by agreement between the Executive Departments of the two Govern- ments, immediately upon the exchange of ratifications of this treaty. It is further agreed that the Republic of Panama shall have the right, upon one year's previous notice, at any time within the period of fifty years mentioned in Article VII of said treaty of November 18th, 1903, to purchase and lake over from the United States of America so much of the water mains and distributing system of the water works mentioned in said article, for the supply of the City of Panama, and of the appliances and appurtenances thereof, as may lie outside the Canal Zone, and terminate the provisions of said treaty for the ultimate acquisition by the Republic of Panama of said water works, upon payment of such sum in cash as may be agreed upon as just by the Presidents of the two High Contracting Parties, wlio are hereby fully empowered so to agree; if ihere shall arise any dispute or difference between the High Contracting Parties with respect to such delimitation, or if their Presidents shall not be able to agree as to the sum so to be paid, then upon the request of either party, any such difference shall be submitted to the Tribunal of Arbitrati(m, hereinafter provided for. Article HI. It is further agi'eed that all differences which may arise relating to the interpretation or application of the treaty between the United States of America' and the Republic of Panama concluded on the 18th day of November, 1903, which it may not have been possible to settle by diplomacy, shall be referred, on the request of either party, to a Tribunal of Arbitration to consist of three members, of whom the I"^nited States shall nominate one member, the Republic of Panama shall nominate one member, and the tw^o members thus nominated shall jointly nominate a third member, or, in the event of their fail- ure to agree within three months after appointment, upon the nomi- nation of the third member, such member shall be appointed by the President of Peru. Said Tribunal shall decide by a majority vote all questions respecting its procedure and action, as well as all questions concerning the matters submitted to it. The Tribunal shall deliver duplicate copies of its decisions upon any of the matters submitted to it, as hereinafter specified, to the United States and to the Republic 241 of Panama, anrl any sncli decision si^j^ned by a majority of tho mem- I)ers ol" the Tribunal shall bo conciusivoly docnied the dorision of the Tribunal. Any vacancy in the meniborshij) of liie Tribunal caused by the death, incapacity, or withdrawal of any member shall be filled in the manner provided for the original appointment of the member whose ofKce shall thus become vacant. Tlie determinations of said Tribunal shall be final, conclusi\e and binding; ujxjn the High Con- tracting Parties hereto, who bind themselves to abide by and conform to the same. The temporary working arrangement or modus vivendi contained in the Executive Orders of December 3rd, Gth, IGth, and 28th, 1904, and January 5, 1905, made at Panama by the Secretai'y of War of the United States, and b}^ the President of Panama, on December G, 1904, which was entered into for the purpose of the practical operation of the aforesaid Treaty of November 18, 1903, shall be submitted to revision by the Executive Departments of the two Governments with the view to maldng the same and the practice thereunder conform (if in any respect they shall be found not to conform) to the true intent and meaning of the said treaty and to the preservation and protection of the rights of the two Governments and of the citizens of both parties thereunder; and any question as to such conformity arising upon such revision which shall remain in dispute shall be submitted to said Tribunal of Arbitration, It is now agreed, however, that the rate of duty to be levied by the Republic of I*anama and fixed at ten per cent ad valorem by the first proviso to said Executive Order of December 3rd, 1904, may be in- creased to any rate not exceeding twenty per cent ad valorem^ at the pleasure of said Republic. Article IV. There shall be a full, entire and reciprocal liberty of commerce and navigation between the citizens of the two High Contracting Parties, who shall have reciprocally the right, on conforming to the laws of the country, to enter, travel, and reside in all parts of the respective territories, saving always the right of expulsion of undesirable persons which right each Government reserves to itself, and they shall enjoy in this respect, for the protection of their persons and their property, the same treatment and the same rights as the citizens or subjects of the most favored nation; it being understood and agreed that citizens of either of the two Republics thus residing in the territory of the other shall be exempt from military service imposed upon the citizens of such Republic. And the United States of America further agrees that the Republic of Panama and the citizens thereof shall have and shall be accorded on equal terms all such privileges, rights, and advantages in resi^ect to the construction, operation, and use of the Canal, railroad, tele- graph, and other facilities of the United States within the Canal Zone, and in respect of all other matters relating thereto, operating within or affecting the Canal Zone or property and persons therein, as may at any time be granted by the United States of America in accord with said treaty of November 18th, 1903. directly or indi- rectly, to an}^ other nation or the citizens or subjects thereof, it being the intention of the, Parties that the Republic of Panama and the 242 citizens thereof shall be with respect thereto placed at least on an equal footing with the most favored nation and the citizens or sub- jects thereof. Article V. It is expressly understood and agreed that this treat}' shall not become operative nor its provisions obligatory upon either of the High Contracting Parties, until and unle^ss the treaties of even date between the Republic of Colombia and the Republic of Panama and between the Republic of Colombia and the United States of America are both duly ratified and the ratifications thereof are exchanged simultaneously with the exchange of ratifications of the present treaty. Article VI. This treaty shall be ratified and the ratifications thereof shall be exchanged at Washington as soon as possible. In witness whereof, we the respective Plenipotentiaxies have signed the present treat}-, in duplicate, in the English and ijpanish lan- guages and have hereunto affixed our respective seals. Done at Washington the 9th day of January, in the year of our Lord one thousand nine hundred and nine. (Signed) Elihu Root [seal] (Signed) C. C. Arosemena [seal] In Executive Session, Senate of the United States, March 3, 1909. Resolved (two-thirds of the Senators present concurring therein), that the Senate advise and consent to the rntification of a treaty betw^een the United States and the Republic of Pannma relating to the Panama Canal, signed Janu- ary 9, 1909. Resolved, As a part of this ratification that the United States approves the treaty between tlie Ignited States and Panama with the understanding that so far as the United States is concerned no question shall be submitted to arbitration herein provided for which in any way affects the vital interests of the United Stales in the protection, operation, maintenance, sanitation and protection of the Panama CauaL PANAMA AND COLOMBIA. 1909. Snip Canal Treaty bp^tween Colombia and Panama Relating to THE Panama Canal." Signed at Washington January 9, 1909. [The text of this convention is taken from the copy printed for the information of the Senate of the United States.] Akticles. I. RecogTiition of independence of Panama. II. Peace and friendship. III. Assignm it by Panama to Co- lombia of payments by United States. IV. Release and discharge of pecu- niary claims and obligations. V, Abandonm at by Panama of right and title to stock of New Panama Canal Co. VI. Status of citizens. VII. Territorial limits not to be e.x- tended at expense of the other. VIII. Negotiation of additional trea- ties. IX. Boundary between Colombia and Panama. X. When effective. XI. Ratification. The Republic of Colombia and the Republic of Panama, equally animated by the desire to remove all obstacles to their good under- standing, to adjust their pecuniary and other relations to each other and to secure mutually the benefits of amity and accord, have deter- mined to conclude a convention for these purposes and, therefore, have appointed as their respective Plenipotentiaries, that is to say: The President of the Republic of Colombia, Enrique Cortes, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Co- lombia, in Washington, and The President of the Republic of Panama, Carlos Constantino Arosemena, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Panama, in Washington, Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and con- cluded the following articles: Article I. The Republic of Colombia recognizes the Independence of the Re- -public of Panama and acknowledges it to be a free, sovereign, and independent nation. See note. p. 2IJ5. 76844°— S. Doc. 10G3, 62-3- (243) -17 244 Akticle II. There shall be a mutual and inviolable peace and friendship be- tween the Government of the Republic of Colombia and its citizens on the one part and the Government of the Republic of Panama and its citizens on the other part, without exception of pei'sons or places under their respective dominion. Article III. The Republic of Panama assigns and transfers to the Republic of Colombia, and its assigns and nominees, in lawful and due form, the first ten annual installments of two hundred and fifty thousand dol- lars gold coin each becoming due to it, the Republic of Panama, from the United States of America, on the 26th days of February in the years 1908 to 1917, both inclusive, under and pursuant to the provi- sions of Article XIV of the treaty between the United States of America and the Republic of Panama concluded November 18, 1903, and under and pui*suant to the amendment thereof, embodied in U treaty of even date between said nations, whereby said Article XIV is amended by substituting the words " four years " for the words " nine years," so that the first annual payment of which that article treats shall begin four years from the exchange of ratifications of said treaty on February 26th, 1904, instead of nine years from said date, in such manner that the said installments sliall be paid b}^ the United States of America directly to the Republic of Colombia or its assigns and nominees for account of the Republic of Panama, in law- ful and due form, beginning the 26th day of February, 1908. Such installments as may have matured when the ratifications of this treaty shall be exchanged pursuant to its terms, shall be payable on the ninetieth day after the date of such exchange. In consideration of the payments and releases which the Republic of Panama makes to the Republic of Colombia, the latter recognizes and agrees that the Republic of Panama has no liability upon and no obligations to the holders of the external and internal debt of the Republic of Colombia, nor to the Republic of Colombia, by reason ol any such indebtedness or claims relating thereto. The Republic of Colombia recognizes and agrees that it is itself solely obligated for such external and internal debt; assumes the obligation to pay and discharge the same by itself alone: and agrees to indemnify and hold haiTnless the Republic of Panama, should occasion arise, from any lia- bility in respect of such external and internal indebtedness, and from any expense which may result from failure or delay in respect of such payment and discharge. Article IV. Each of the contracting Republics releases and discharges the other from all pecuniary claims and obligations of any nature what- ever, including the external and internal debt of the Republic of Colombia, which either had against the other on the 3rd day of November. 1903, it being understood that this reciprocal exoneration relates only to the national debts and claims of one against the other, 245 and that it does not rcliite to individual rif^hts and claims of the citizens of either Republic. Neither ])arty shall be bound to allow or satisfy any of such individual claims arising from transactions or occurrences prior to November 3, 1903, unless the same would be valid according to the laws of the country against which the claim is made, as such laws existed on November 3rd, 11)03. Articij: V. The Republic of Panama recognizes that it has no title or owner- ship of any sort to the fifty thousand shares of the capital stock of the New Panama Canal Companj^ standing in the name of the Re- public of Colombia on the books of said company at Paris, and the Republic of Panama confirms the abandonment oi all right and title, which, with respect to said shares, it made in the Courts of Justice of France. Article VI. The citizens of each Republic, residing in the territory of the other, shall enjoy the same civil rights which are or shall hereafter be accorded by the laws of the country of residence to the citizens of the most favored nation. It being understood, however, that the citizens of either of the two Republics residing in the other shall be exempt from military service imposed upon the citizens of such Republic. AH persons born within the territory now of the Republic of Panama, prior to the 3rd day of November, 1903, who were, on that day, residents of the territory now of the Republic of Colombia, may elect to be citizens of the Republic of Colombia or of the Republic of Panama; and all persons born within the territory now of the Re- public of Colombia Avho were, on said 3rd day of November, 1903, residents of the territory now of the Republic of Panama, may elect to be citizens of the Republic of Panama or of the Republic of Colom- bia, by making declaration of their election in the manner hereinafter provided, within one year from the date of the proclamation of the exchange of the ratifif^ations of this treaty, or, in case of any persons who shall not on that day be of full age, within one year from their attainment of their majority according to the laws of the country of their residence. Such election may be made by filing in the office of the Minister or Secretary of Foreign Affairs of the country of residence a decla- ration of such election. Such declaration may be made before any officer authorized to administer oaths and mav be transmitted by mail to such Minister or Secretary of Foreign Affairs, whose duty it shall be to file and register the same, and no other formality except the transmission thereof shall be required and no fees shall be im- posed for making of filing thereof. It shall be the duty of the respective Departments of Foreign Affairs of the High Contracting Parties to communicate promptly to each other the names, occupa- tions, and addresses of the persons so exercising such election. All persons entitled to make such declarations who shall not have made the same within the period hereinbefore limited hall be deemed to have elected to become citizens of the country within whose present 246 territory they were born. But no further declaration shall be re- quired from any such person who has already by formal declaration before a public official of either country, and in accordance with its laws, made election of the nationality of that country. The natives of the countries of either of the two contracting Re- publics who have heretofore or shall hereafter become citizens by naturalization, or otherwise as herein provided for. in the other Republic, shall not be punished, molested, or discriminated against by reason of their acts of adhesion to the country whose citizenship they have adopted. Abticle VII. Both Republics agree, each for itself, that neither of them shall admit to form any part of its nationality any part of the territory of the other which separates from it by force. Abticle VIII. As soon as this treaty and the contemporaneous treaties of even date between the United States of ^Vmerica and the Republic of Colombia and between the United States of America and the Re- public of Panama shall be ratified and exchanged, negotiations shall be entered upon between the Republics of Colombia and Panama for the conclusion of additional treaty or treaties, covering questions of commerce, postal, telegraph, copvright, consular relations, extradi- tion of criminals, arbitration and the like. Ajrticle IX- It is agreed between the High Contracting Parties and is declared, that the dividing line between the Republic of Colombia and the Republic of Panama shall be as follows, to wit : From Cape Tiburon on the Atlantic to the head wajhers of the Rio de la Miel. and following the range by the Cerro de Gandi to the Sierra de Chugargun und that of Mali, going down by the Cerros of Nique to the heights of Aspave. and from there to the Pacific at such point and by such line as shall be determined by the Tribunal of Arbitration hereinafter provided for. and the determination of said line shall conform to the decision of such Tribunal of Arbitra- tion as next provided. As to the territory submitted to arbitration (the region of Jurado) the boundaries and attribution of which to either the Republic of Colombia or the Republic of Panama will be fixed by the determina- tion of the line aforesaid by said Tribunal of Arbitration, the title thereto and the precise limits thereof, and the right to the sovereignty thereof as between the High Contracting Parties, shall be conclu- sively determined by arbitration in the following manner : A Tribunal of Arbitration shall be created to investigate and de- termine all questions of fact and law concerning the rights of the High Contracting Parties to or in all the territory in the above men- tioned region of Jurado. The Tribunal shall consist of three mem- bers; the Republic of Colombia shall nominate one member, the 247 Republic of Panama shall nominate one member, both of whom shall be nominated within three months after the exchan<^c of ralilicji- tions of this treaty, and the two members of the Tribunal thus nominated shall jointly riominate a third member, or, in the event of their failure to airree within three months next after the appoint- ment of the last of them, and on request of the President of either of the High Contracting Parties, the third member of the Tribunal shall be appointed by the President of the Republic of Cuba. The Tribunal shall hold its sessions at such place as the Tribunal fchall determine. The case on behalf of each party, with the papers and documents, .-hall be communicated to the other party within three months after the appointment of the third member of the Tribunal. The counter-cases shall be similarly communicated with the papers and documents within three months after communication of the cases respectively. And within two months after communication of the counter-case the other party may communicate its reply. The proceedings of the Tribunal shall be governed by the provi- sions, so far as applicable, of the Convention for the Pacific Settle- ment of International Disputes signed at The Hague by the repre- sentatives of both the parties hereto on the 18th day of October, 1907. The Tribunal shall take into consideration all relevant laws and treaties and all facts proved of occupancy, possession and political or administrative control in respect of the territory' in dispute. Article X. This treaty shall not be binding upon either of the High Contract- ing Parties, nor have any force until and unless the treaties signed on this same date between the Republic of Colombia and the United States of America and between the Republic of Panama and the United States of America are both duly ratified and ratifications thereof are exchanged simultaneously with the exchange of the rati- fications of this treaty. Article XI The present treaty shall be submitted for ratification to the respec- tive Governments, and ratifications hereof exchanged at Washington as soon as possible. In Witness Whereof. We the respective Plenipotentiaries, have signed the present treaty in duplicate in the Spanish and English languages, and have hereunto affixed our respective seals. Done at the City of Washington, the 0th day of January, in the vear of our Lord one thousand nine hundred and nine. (Signed) Enriqie Cortes [seal] (Signed) C. C. Arosemena [seal] 1907. International Prize Court Conatention.* Signed at The Hague October 18, 1907 ; ratif cation advised by the Senate February 15, 1911. [The text of this convention is taken from the copy j)rinted for the use of the Senate of the United States.l Abticles. PART 1, KNERAL PROVISIONS. I. Determination of validity of cap- ture. II. Jurisdiction and judgments of prize courts. III. Appeals from Prize Courts to In- ternational Prize Court. IV. By whom appeals may be brought. V. Same. VI. When National Courts can not deal with question. VII. Determination of question of law. A' III. Disposition of vessel and cargo when capture is valid or null. IX. Decisions to be accepted and carried out in good faith. PART II. — CONSTITUTION OF INTERNATIONAL PRIZE COURT. X. Personnel and qualifications of members of International ]nize court. XI. Term of service of judges; filling of vacancies. XII. Rank of Judges. XIII. Privileges and immunities of judges; oath. XIV. Number of judges constituting court; quorum. XV. Judges of particular powers always summoned to sit (see Article LVI). XVI. Selection of judge by belliger- ent power. XVII. Dii-qiialification of judge. XVIII. Appointment of assessor by XIX. Election of President and vice President of Court. XX. Traveling allowances of judges. XXI. Seat of International Prize Court. XXII. Administrative functions of administrative council. XXIII. Duty of International Bu- reau. XXIV. Language used in proceed- ings. XXV. Appointment of special agents as intermediaries. XXVI. How private person may be represented before court. XXVII. How notices shall be served. belligerent or neutral power. • This convention is dependent on London Declaration, p. (248) 266. 249 PART III. — PROCEDUBE IN THE INTERNATIONAL PBIZE COURT. XXVIII. Method aud time of cuter- ing apixjal in National Court. XXIX. Transmission of appeal to International Bureau. XXX. Same. XXXI. Same. XXXII. Transmission of copy of appeal to respondent. XXXIII. Period in which court will deal with ease when other parties concerned are entitled to appeal. XXXIV. Written pleadings and discussion — two distinct parts of procedure. XXXV. Statement by parties of views of case both as to law and facts after close of pleadings. XXXVI. Taking of supplementary evidence. XXXVII. Distribution of minutes to parties summoned. XXXVIII. Control of discussions. XXXIX. Discussions public; min- utes. XI.. Result if party falls to ap- pear. XLI. Notification of decrees or declsionH made in ul>- sence of parties. XLII. .Matters to be considered in arriving at decision. XT J IT. Manner of deciding ques- tions by vote. XLIV. Reasons for Judgment. XLV. Method of pronouncing sentence. XI.VI. Payment of costs. XLVII. (Jeneral expenses of Prize Court. XLVIII. Performance of duties of Court n-hen not sitting. XT^IX. Manner of formulating rules. L. Manner of modification of convention respecting procedure. PART IV. — FINAL PROVISIONS. LVI. Selection of judges by adminis- trative council. LVII. Modification of Article XV. with respect to composition of court. LI. Powers to which convention applies as of right. LII. Ratification. LI II. Adherence. LIV. Effect. LV. Duration; denunciation. His Majesty the German Emperor, King of Prussia ; the President of the United States of America ; the President of the Argentine Re- public; His Majesty the Emperor of Austria. King of Bohemia. &c., and Apostolic King of Hungary; His Majesty the King of the Bel- gians; the President of the Republic of Bolivia; the President of the Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria; the President of the Republic of Chile; His Majesty the Emperor of China; the President of the Republic of Colombia; the Provisional Governor of the Republic of Cuba; His Majesty the King of Denmark; the President of the Dominican Re- public; the President of the Republic of Ecuador; His Majesty the King of Spain; the President of the French Republic; His Majesty the king of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India: His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the Republic of Haiti; His Majesty the King of Italy; His Majesty the P^mperor of Japan; His Royal High- ness the Grand Duke of Luxemburg. Duke of Nassau ; the President of the United States of Mexico; His Royal Highness the Prmce of Montenegro; the Presideirt of the Republic of Nicaragua; His Maj- esty the king of Norway; the President of the Republic of Panama ; the President of the Republic of Paraguay: Her Majesty the Quocn of the Netherlands; the President of the Republic of Peru; His Im- perial JSIajestv the Shah of Persia; His Majesty the King of Portugal 250 and of the A]n:arves, &.c. ; His Majesty the KiniimaniA. Swi-dr'n. Belirium. T.nxemburj?. Uruguay I Costa Rica. 262 Disirihution of Judges and Deputy Judges by Countries for ecch Year o) the period of Six Years — Continued. Judsos. Deputy Judges. Judges. Deputy Judpres. Brazil China Spain Netherlands . Roumania.. Sweden Venezuela... Brazil China Spain Peru Roumania . . Sweden Switzerland. Third Year. Santo Domingo. Turkey. Portugal. Switzerland. Greece. Denmark. UaiU. Fourth Year. Guatemala. Turkey. Portugal. Honduras. Greece. Denmark. Xetherlands. Fijlh Belgium Bulgaria Chile Denmark Mexico Persia Portugal S'alh Belgium Chile Denmark Mexico Portugal Servia Siam Year. Netherlands. Montenegro. Nicaragua. Norway. Cuba. China. Spain. Year. Netherlands. Salvador. Norway. Ecuador. Spain. Bulgaria. China. In Executi\t: Session, Senate of the United States. Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the conven- tion for an international prize court sisned at The Hague on the 18th day of October, 1907, and at the same time to the ratification, as forming an integral part of the said convention, of the protocol thereto, signed at The Hague on the 19th day of September, 1910, and transmitted to the Senate by the President on the 2d day of Feb- ruary, 1911 : Provided., That it is the understanding of the Senate and is a condition of its consent and advice that in the instrument of ratification the United States of America shall declare that in prize cases recourse to the International Court of Prize can only be exer- cised against it in the form of an action in damages for the injuries caused by the capture. [Translation.] Additional Protocol to the Con\^ntion Relative to the Estab- lishment OF an International Court of Prize. Germany, the United States of America, the Argentine Republic, Austria-Hungary, Chile. Denmark, Spain, France, Great Britain, Japan, Norway, the Xetherlands, Sweden, powers signatory to The Hafore the interna- tional court of prize by means of a written declaration addressed to the International Bureau of the Permanent Court of Arbitration; ♦Jie case may even be brought before the bureau by telegram. 264 Akt. 6. In derof^ation of article 29 of the convention the inter- national bureau shall notif}^ directly, and if possible by telegram, the Government of the belligerent captor of the declaration of action brought before it. The Government of the belligerent captor, without considering whether the prescribed periods of time have been observed, shall, within seven days of the receipt of the notification, transmit to the international bureau the case, appending thereto a certified copy of the decision, if any, rendered by the national tribunal. Art. 7. In derogation of article 45, paragraph 2, of the convention the court rendering its decision and notifying it to the parties to the suit shall send directly to the Government of the belligerent captor the record of the case submitted to it, appending thereto a copy of the various intervening decisions as well as a copy of the minutes of the preliminary proceedings. Art. 8. The present additional protocol shall be considered as form- ing an integral part of and shall be ratified at the same time as the convention. If the declaration provided for in article 1 herein above is made in the instrument of the ratification, a certified copy thereof shall be inserted in the proces verbal of the deposit of ratifications referred to in article 52, paragraph 3, of the convention. Art. 9. Adherence to the convention is subordinated to adherence to the present additional protocol. In faith of which the plenipotentiaries have affixed their signatures to the present additional protocol. Done at The Hague on the 19th day of September, 1910, in a single copy, which shall remain deposited in the archives of the Government of the Netherlands and of which duly certified copies shall be for- warded through diplomatic channels to the powers designated in Article XV of the convention relative to the establishment of an international court of prize of October 18, 1907, and in its appendix. For Germany : F. DE MuiXER. For United States of America : James Brown Scott. For the Argentine Republic : Alejandro Guesalaga. For Austria-Hungary : E. DE GUDENUS, For Chile: . F. Puga Borne. For Denmark: J. W. DE Grevenkop Castenskjoldw For Spain : Jose de la Riga y Calvo, For France : Marcellin Pellet. 265 For Great Britain: George W. Bk hanan, G. C. V. O., K. C M. G., C. B. For Japan : AiMARO Sato. For Norway : G. F. Hagerup. For the Netherlands: JONKHEER R. DE MaREES. Van Swinderon. For Sweden : J. J. A. Ehrensvaiux 1909. International Naval Conference.* Signed at London February 26^ 1909; ratification advised hy the Senate April £4, 1912. [The text of this convention is taken from the copy printed for the use of the Senate of the United States.] Articles. CHAPTER I — BLOCKADE IN TIME OF WAR. I. Extent of blockade. II. When effec-tive. III. Whether effective is a qnes- tion of fact. IV. Ndt regarded as raised by withdrawal on accoiiiU of stress of weather. V. Must be applied impartially to ships of all nations. VI. rerniission to warship to enter and leave block- aded port. VII. Neutral vessel in distress may enter and leave blockaded port. VIII. Procedure in declaring blockade. IX. How made. X. Declaration void by non- compliance with article 9 (1) and (2). XI. Notification to powers and local authorities of block- ade. XII. Rules as to declaration and notification of blockade ; when extended or rees- tablished. XIII. Notification as to voluntary raising of blockade. XIV. Liability of a neutral ves- sel to capture. XV. Presumption of knowledge of blockade. XVI. When notification necessary to vessel approaching blockaded port. XVII. Exemption from capture of neutral vessels. XVIII. Blockading forces not to bar access to neutral posts or coasts. XIX. Ulterior destination not to control capture for breach of blockade. XX. Conditions under which capture can or can not be effected. XXI. Disposition of vessel and cargo for breach of block- ade. CHAPTER II — CONTRABAND OF WAR. XXII. Articles treated as contra- band of war. XXIII. Notice to be given of arti- cles added to list. XXIV. Articles which may be added to list without notice. XXV, Declaration as to articles susceptible of use in war. XXVI. Procedure in waiving right to treat articles as con- traband. XXVII. Articles not susceptible of use in war not contra- band. XXVIII. Articles which may be de- clared contraband. XXIX. Articles which may not be treated as contraband. XXX. Absolute contraband liable to capture. XXXI. Proof of destination. XXXII. Papers conclusive proof as to voyage of vessel. XXXIII. Conditional contraband lia- ble to capture. XXXIV. Destination presumed. XXXV. Circumstances under which contraband" Is not liable to capture. XXXVI. Circumstances under which contraband is liable to capture. XXXVIL Vessel carrying absolute or conditional contraband liable to capture on high seas or in the territorial waters of belligerents. "Adversely acted on by Parliament of Great Britain. (266) 2G7 XXXVIII. Vessel exempt from o;ip- ture when carriage is at an end. XXXIX. Contral)and goods liablo to condemnation. XL. Circumstances under wliicb vessel may be cou- deninod. XLl. Captured vessel may be condemned to pay ex- penses inem-red in pro- ceedings in national prize court. XLII. Goods belonging to owner of contraband liable to condemnation. XLIII. Kxceiit on payment of com- pensation, vessel un- aware of outbreak of hostilities can not be condemned. XLIV. Continuance on voj'age of vessel not liable to con- demnation on account of proportion of contraband. CHAPTER III — UNNEUTRAL SERVICE. XLV. Neutral vessels may be con- demned if found carry- ing passengers embodied in armed force of enemy. XLVI. Neutral vessel may be eon- den:ineelligercnts thi-ougliout the whole of her voyage, even if she is to touch at a port of call l>efore reaching the hostile destination. Article 38. A vessel uiay not Ix' caplurcd <»ii (lio ground that she has carried contraband on a previous occasion if such carriage is in point of fact at an end. Ahticle 39. Contraband goods :ire liable to condemnation. 70844°— S. Doc. ICMW, 62-3 19 276 Article 40. A vessel carnnng contraband may be condemned if the contraband, reckoned either by vahie, weight, volume, or fi-eight, forms more than half the cargo. Article 41. If a vessel carrying contraband is released, she may be condemned to pay the costs and expenses incurred by the captor in respect of the proceedings in the national prize court and the custody of the ship and cargo during the proceedings. Article 42. Goods which belong to the owner of the contraband and are on board the same vessel are liable to condemnation. Article 43. If a vessel is encountered at sea while unaware of the outbreak of hostilities or of the declaration of contraband which applies to her cargo, the contraband cannot be condemned except on payment of compensation ; the vessel herself and the remainder of the cargo are not liable to condemnation or to the costs and expenses referred to in Article 41. The same rule applies if the master, after becoming aware of the outbreak of hostilities, or of the declaration of contra- band, has had no opportunity of discharging the contraband. A vessel is deemed to be aware of the existence of a state of war. or of a declaration of contraband, if she left a neutral port subse- quently to the notification to the Power to which such port belongs of the outbreak of hostilities or of the declaration of contraband respectiveh', provided that such notification was made in sufficient time. A vessel is also deemed to be aware of the existence of a state of war if she left an enemy port after the outbreak of hostilities. Article 44. A vessel which has been stopped on the ground that she is carry- ing contraband, and which is not liable to condemnation on account of the proportion of contraband on board, may, when the circum- stances permit, be allowed to continue her voyage if the master is willing to hand over the contraband to the belligerent warship. The delivery of the contraband must be entered by the captor on the logbook ot the vessel stopped and the master must give the captor duly certified copies of all relevant papers. The captor is at liberty to destroy the contraband that has been handed over to him under these conditions. Chapter III. — Unneutral service. Article 45. A neutral vessel will be condemned and will, in a general way. re- ceive the same treatment as a neutral vessel liable to condemnation for carriage of contraband : — (1) If she is on a voyage specially undertaken with a view to the transport of individual passegners who are embodied in the armed 277 forces of the enemy, or with a view to the transmission of intelli- gence in the interest of the enemy. (•2) If, to the knowledge of either the owner, the charterer, or the master, she is transport in<^ a military detachment of the enemy, or one or more persons who, in tiie course of the voyage, directly assist the operations of the enemy. In tlie cases specified under the above heads, goods belonging to the owner of the vessel are likewise liable to condemnation. The provisions of tiie present Article do not apply if the vessel is encoiinlored at sea while unaware of the outbreak of liostilities, or if the master, after becoming awace of the outbreak of hostilities, has had no opportunity of disembarking the passengers. The vessel is deemed to be aware of the exi.stence of a .state of war if she left an eiK'my port subseciucntly to the outbreak of hostilities, or a neutral port subsequently to the notiHcation of the outbreak of hostilities to the Power to which such port belongs, provided that such notiiica- tion was made in sufficient time. Article 46. A neutral vessel will be condemned and, in a general way. receive the same treatment as would be applicable to her if she were an enemy merchant vessel: (1) If she takes a direct part in the hostilities; {'2) If she is under the orders or control of an agent placed on board by the enemy Government; (?>) If she is in the exclusive employment of the enemy Govern- ment; (4) If she is exclusively engaged at the time either in the transport of enemy troops or in the transmission of intelligence in the interest of the enemy. In the cases covered by the present Article, goods belonging to the owner of the vessel are likewise liable to condemnation. Article 47. Any individual embodied in the armed forces of the enemy who is found on board a neutral merciiant vessel, ma}' be made a prisoner of war, even though tiierc be no ground for the capture of the vessel. Chapter IV. — Destruction of neutral prizes. Article 48. A neutral vessel which lias been caj^tured may not be dest roved by the captor; she must ije taken into such port as is proper ^or the determination there of all questions concerning the validity of the capture. Article 49. As an exception, a neutral vessel which has been captured by a belligerent warship, and which would be liable to condemnation, may be destroyed if the observance of Article 48 would involve danger to the i-afety of the warship or to the success of the opera- tions in which she is engaged at the time. 278 Article 50. Before the vessel is destroyed all persons on board must be placed ill safety, and all the ship's papers and other documents which the parties interested consider relevant for the purpose of deciding on the validity of the capture must be taken on board the warship. Article 51. A captor who has destroyed a neutral vessel must, prior to any decision respecting the valiility of the prize, establish that he only acted in the face of an exceptional necessity of the nature contem- plated in Article 49. If he fails to do this, he must compensate the parties interested and no examination shall be made of the question whether the capture was valid or not. Article 52. If the capture of a neutral vessel is subsequently held to be invalid, though the act of destruction has been held to have been justifiiible, the captor must })ay compensation to the parties interested, in place of the restitution to which they would have been entitled. Article 53. If neutral sroods not liable to condemnation have been destrcved with the vessel, the owner of such goods is entitled to compensation. Article 54. The captor has the right to demand the handing over, or to pro- ceed himself to the destruction of, any goods liable to condemnation found on board a vessel not herself liable to condemnation. i)rovi(led that the circumstances are such as would, under Article 49, justify the destruction of a vessel herself liable to condemnation. The cap- tor must enter the goods surrendered or destroyed in the logbook of the vessel stopped, and must obtain duly certified copies of all rele- vant papers. When the goods hav'e been handed over or destroyed, and the formalities duly carried out, the master must be allowed to continue his voyage. The provisions of Articles 51 and 52 respecting the obligations of a captor who has destroyed a neutral vessel are applicable. Chapter V. — TRA^"S^ER to a keutral flao. Article 55. The transfer of an enemy vessel to a neutral flag, effected before the outbreak of hostilities, is valid, unless it is proved that such transfer was made in order to evade the consequences to which an enemy vessel, as such, is exposed. There is, however, a presumption, if the bill of sale is not on board a vessel which has lost her bel- ligerent nationality less than sixty days before the outbreak of hos- tilities, that the transfer is void. This presumption may be rebutted. 279 "^^Hioro the transfer was effected more than thirty days before the onthrenlv of hostilities, there is an absohite presumption that it is valid if it is unconditional, coni})lete, and in conformity with the laws of the countries concerned, and if its effect is such that neither the control of, nor the profits arisinu: from the emi)loym('nt of, the vessel remain in the same hands as before the transfer. If, however, the vessel lost her bellip:erent nationality less than sixty days before the outbreak of hostilities and if the bill of sale is not on board, tlie capture of the vessel gives no rifjlit to damaf^es. Article 56. The transfer of an enemy vessel to a neutral flag effected after the outbreak of hostilities, is void unless it is proved that such transfer was not made in order to evade the consequences to which an enemy vessel, as such, is exposed. There. hoNvever, is an absolute presumption that a transfer is void: (1) If the transfer has Ix^en made during a voyage or in a block- aded port, (2) If a right to repurchase or recover the vessel is reserved to the vendor. (3) If the requirements of the municipal law governing the right to fly the flag under which the vessel is sailing, have not been ful- filled. Chapter VI. — Enemy character. Article 57. Subject to the provisions respecting transfer to another flag, the neutral or enemy character of a vessel is determined by the flag which she is entitled to fly. The case where a neutral vessel is engaged in a trade which is closed in time of peace, remains outside the scope of, and is in no wise affected by, this rule. Article 58. The neutral or enemy character of goods found on board an enemy vessel is determiiunl by the neutral or enemy character of the owner. Article 59. In the absence of proof of the neutral character of goods found on board an enemy vessel, they are presumed to be enemy goods. Article 00. Enemy goods on board an enemy vessel retain their enemy char- Kcter until they reach their destination, notwithstantling any trans- fer effected after the outlueak" of hostilities while the goods are being forwarded. If, however, prior to the capture, a former neutral owner exercises, on the bankrujitcy of an existing enemy owner, a recognized legal right to recover the goods, they regain theii- neutral character. 280 Chapter VIT. — Convoy. Article 61. Neutral vessels under national convoy are exempt from search. The connnander of a convoy gives, in ^v^iting, at the request of the commander of a belligerent warship, all information as to the char- acter of the vessels and their cargoes, which could be obtained by search. Abticle 62. If the commander of the belligerent warship has reason to suspect that the confidence of the commander of the convoy has been abused, he communicates his suspicions to him. In such a case it is for the commander of the convoy alone to investigate the matter. He must record the result of such investigation in a report, of which a copy is handed to the officer of the warship. If, in the opinion of the com- mander of the convoy, the facts shown in the report justify the capture of one or more vessels, the protection of the convoy must be withdrawn from such vessels. Chapter VIII. — Resistance to search. Akticle 63. Forcible resistance to the legitimate exercise of the right of stop- page, search, and capture, involves in all cases the condemnation of the vessel. The cargo is liable to the same treatment as the cargo of an enemy vessel. Goods belonging to the master or owner of tiie vessel are treated as enemy goods. Chapter IX. — Compensation. Article 64. If the capture of a vessel or of goods is not upheld by the prize court, or if the prize is released without any judgment being given, the parties interested have the right to compensation, unless there were good reasons for capturing the vessel or goods. Final Provisions. Akticle 65. The provisions of the present Declaration must be treated as a whole, and cannot be separated. Article 66. The Signatory Powers undertake to insure the mutual observance of the rules contained in the present Declaration in any war in which all the belligerents are parties thereto. They will therefore issue the necessary instructions to their authorities and to their armed forces, 281 and will take such measures as may be required in order to insure that it will be applied by their courts, and more particularly by their prize courts. Article 67. The present Declaration shall be ratified as soon as possible. The ratifications shall be deposited in London. The first deposit of ratifications shall be recorded in a Protocol signed bv the Kepresentatives of the Powers takin<^ part tliorein, and by His Britannic Majesty's Principal Secretary ot State for Forei<^n AlTairs. The subsequent deposits of ratifications sluill be made by means of a written notification addressed to the liritish Government, and accompanied by the instrument of ratification. A duly certified copy of the Protocol relating to the first deposit of ratifications, and of the notifications mentioned in tlie i)rcceding paragraph as well as of the instruments of ratification which accom- pany them, sliall be immediately sent by the British Government, through the diplonuitic channel, to the Signatory Powers, The said Government shall, in the cases contemplated in the preceding para- graph, inform them at the same time oi the date on which it received the notification. Article 68. The present Declaration shall take eflfect, in the case of the Powers which were parties to the first deposit of ratifications, sixty days after the date of the Protocol recording such deposit, and, in the case of the Powers which shall ratify' subsequently, sixt}^ days after the notification of their ratification shall have been received by the British Government. Article 69. In the event of one of the Signatory Powers wishing to denounce the present Declaration, such denunciation can only be made to lake effect at the end of a period of twelve years, beginning sixty days after the first deposit of ratifications, and, after that time, at the end of successive periods of six years, of which the first will begin at the end of the period of twelve years. Such denunciation must be notified in writing, at least one year in advance, to the British Government, which shall inform all the other Powers. It will only operate in respect of the denouncing Power. Article 70. The Powers represented at the London Naval Conference attach particular importance to the general recognition of the rules which they have adopted, and therefore express the hope that tlie Powers which were not represented there will accede to the present Declara- tion. They request the British Government to invite them to do so. A Power which desires to accede shall notify its intention in writing to the British Government, and transmit simultaneously the 282 act of accession, which will be deposited in the archives of the said Government. The said Government shall forthwith transmit to all the other Powers a duly certified copy of the notification, together with the act of accession, and communicate the date on which such notification was received. The accession takes effect sixty days after such date. In respect of all matters concerning this Declaration, acceding Powers shall be on the same footing as the Signatory Powers. Article 71. The present Declaration, which bears the date of the 26th Febru- ary, 190i), may be signed in London up till the 30th June, 1909, by the Plenipotentiaries of the Powers represented at the Naval Conference. In faith whereof the Plenipotentiaries have signed the present Declaration, and have thereto affixed their seals. Done at London, the twenty-sixth day of February, one thousand nine hundred and nine, in a single original, which shall remain deposited in the archives of the British Government, and of which duly certified copies shall be sent through the diplomatic channel to the Powers represented at the Naval Conference. (Here follow the signatures.) List of signatures appended to the Declaration of February 26, 1909, up to March 20, 1909.<^ For Germany: For the United States of America : For Austria-Hungary: For France: For Great Britain: For the Netherlands: Kbiege. C. H. Stockton. Gkorge Grafton Wilson. C DUMBA. L. Renault. Desart. J. A. Roell. L. H. Ruyssenaers. No. 18. GENERAL REPORT PRESENTED TO THE NAVAL CONFERENCE ON BEHALF OF ITS DRAFTING COMMITTEES [Translation.] « On the 27th February, 1908, the British Government addressed a circular to various powers inviting them to meet at a conference with the object of reaching an agreement as to the definition of the gener- « Notification subsequently given of the signatures of the declaration: Spain, Italy, Russia, Japan. ''This committee consists of Messrs. Kriege (Germany), Wilson (United States of America), Dnnibii (Anstria-IInngary), Estrada (Spain), Renault (France), Reporter, Ilurst (Groat Uritniii). Ricci-r.us;U1i (Italy), Sakamoto (Japan), Ruyssenaers (Netherlands), Baron Taube (Russia). c For the original French text of the report see Parliamentary Paper cellaneous No. Mis- 5 (1909)," p. 344. 283 ally roroofnized principles of inl<'rnaf ioiial law in Uie ^^onso of article 7, paragraph 2, of the convention si^^ned at 'i'he llaginie on the 18th ()ct()l)er, 11)07, for the establishment of an international prize court. "^rhis agreeiiieni appeared neccssai'v to the lii'ilisli (lONcrnment on account of certain diver from search when inider convoy; and the rules with re;:ard to compen- sation where vessels have been seized, but have been found in fact only to be carrying innocent cargo. {h) Hlockade, including the questions as to the locality where seizure can be effected, and the notice that is necessjiry before a ship can be seized. (c) The doctrine of continuous voyage in respect both of contraband and of blockade. (d) The legality of the destruction of neutral vessels prior to their condemna- tion by a prize court. (e) The rules as to neutral ships or persons rendering "unneutral service" ("assistance hostile"). (/) The legality of the conversion of a merchant vessel into a warship on the high seas. (g) The rules as to the transfer of merchant vessels from a belligerent to a neutral tlag during or in conteniplatiou of hostilities. (/() The question whether the nationality or the domicile of the owner should be adopte07, have incurred at tlie |)resent c(uifer- ence. It may be concluded, both from the statements in the mem- oranda and from the discussion, tliat there is no generally accepted rule on this point, nor do there appear to be any ])recedents which can be adduced. Though the two opposite opinions were defended with great warmth, a lively desire for an understanding was ex- pressed on all sides; everybody was at least agreed lliat it would be a great advantage to put an end to uncertainty. Serious efforts were made to do justice to the interests espoused by both sides, but these unfortunately failed. A subsidiary question dependent on the pre- vious one, on which, at one moment it appeared possible to come to an agi'eement, is that of reconversion. According to one proposal it was to be laid down that " merchant vessels converted into warships can not be reconverted into merchant vessels during the whole course of the war." The rule was absolute and made no distinction as regards the place where reconversion could be etl'ected; it was dic- tated by the idea that such conversion would always have disad- vantages, would be productive of surprises, and lead to actual frauds. As unanimity in favor of this proposal was not forthcoming, a sub- sidiary one was brought forward, viz, " The conversion of a warship into a merchant vessel on the high seas is forbidden during the war. The case had in view was that a warsliiji (generally a recently con- verted merchant vessel) dofling its character so as to be able freely to revictual or refit in a neutral port without being bound by the restrictions imposed on warships. Will not the position of the neu- tral State between two belligerents be delicate, and will not such State expose itself to reproach whether it treats the newly converted ship as a merchant vessel or as a warship? Agreement might per- haps have been reached on this proposal, but it seemed very difficult to deal with this secondary asj)ect of a question which there was no hope of settling as a whole. This was the decisive reason for the rejection of all proposals. The question of conversion on the high seas and that of reconver- sion tlierefore remain open. 2. Under head (h) the British program mentions the question whether the nationality or the domicile of the owner should be adopted as the dominant factor in deciding whether property is enemy property. This question was subjected to a searching exami- nation by a special committee, which had to acknowledge (he uncer- tainty of actual practice; it was proposed to put an end to this by the following provisions: The neutral or enemy character of goods found on board an enemy vessel is determined by the neutral or enemy nationality of their owner, or, if he is of 286 no nationality or of double nationality (i. e., both neutral and enemy), by his domicile in a neutral or enemy country; provided that goods belonging to a limited liability ov joint stock company are considered as neutral or enemy according as the company has its headipiarters in a neutral country. Unanimity not being forthcoming, these provisions remained with- out effect. We now reach the explanation of the declaration itvself, on which we .^hall try, by summarizing the reports already approved by the conference, to give an exact and iincontroversial commentary; this, when it has become an oflBcial commentary by receiving the approval of the conference, may serve as a guide to the different authorities — administrative, military, and judicial — who may be called on to apply it. PRELIMINARY PROVISION. The signatory powers are agreed that the rules contained in the following chapters correspond in substance with the generally recog- nized principles of international law. This provision dominates all the rules which follow. Its spirit has been indicated in the general remarks to be found at the beginning of this report. The purpose of the conference has, above all, been to note, to define, and, where needful, to complete what might be con- sidered as customary law. Chapter I. — Blockade in Time of War. Blockade is here regarded solely as an operation of war, and there is no intention of touching in any way on what is called " pacific " blockade. Article 1. — A blockade must not extend beyond the ports and coasts belong- ing to or occupied by the enemy. Blockade, as an operation of war, can be directed by a belligerent only against his adversary. This very simple rule is laid down at the start, but its full scope is apparent only when it is read in con- nection with article 18. Art. 2. In accordance with the declaration of Paris of 1856. a blockade, in order to be binding, must be effective — that is to say. it must be maintained by a force sutticient really to i)revent access to the enemy coast line. The first condition necessary to render a blockade binding is that it should be effective. There has been universal agreement on this subject for a long time. As for the definition of an effective block- ade, we thought that we had only to adopt the one to be found in the declaration of Paris of the 16th April, 1856, which, conventionally, binds a great number of States, and is in fact accepted by th* rest. Abt. 3. The question whether a blockade is efiective is a question of fact. It is easily to be understood that difliculties often arise on the que.stion whether a blockade is effective or not; opposing interests are at stake. The blockading belligerent wishes to economize his efforts, and neutrals desire their trade to be as little hampered as possible. Diplomatic protests have sometimes been made on this subject. The point may be a delicate one, because no ab.solute rule can be laid down as to the number and position of the blockading ships. All depends on matters of fact and geographical conditions. 287 In one case a single ship will suflice to blockade a port as eiTectively as possible, whereas in another a whole fleet may not be enough really to prevent access to one or more ports declared to be blockaded. It is therefore essentially a cjiiestion of fact, to be decided on the merits of each case, and not according to a formula di-awn up bcf(trchand. Who shall decide it? 'J'iic judicial authority. This will l)c, in the first place, the national tribunal which is called on to pronounce as to the validit}' of the prize and which the vessel captured for breach of blockade can ask to declare the capture void, because the l)lockade, not being etl'cctive, was not binding. This resort has always existed; it may not always have given satisfaction to the powers concerned, because they may have thought that the national tribunal was rather naturally led to consider ell'ective the blockade declared to be so by its government. But when the international prize court convention comes into force there will be an absolutely impartial tribunal, to which neutrals may apply, and which will decide whether, in a given case, the blockade was ell'ective or not. The possibility of this resort, besides allowing certain injustices to be redressed, will most likely have a preventive effect, in that a government will take care to estab- lish its blockades in such a way that their effect can not be annulled by decisions which would inflict on it a heavy loss. The full scope of article 3 is thus seen when it is understood that the question with which it deals must be settled by a court. The foregoing explana- tion is inserted in the report at the request of the committee, in order to remove all possibility of misunderstanding. Art. 4. A blockade is not regarded as raised if the blockading force is tempo- rarily withdrawn on account of stress of weather. It is not enough for a blockade to be established; it must be main- tained. If it is raised it may be reestablished, but this requires the observance of the same formalities as though it were established for the first time. By tradition, a blockade is not regarded as raised when it is in consequence of stress of weather that the blockading forces are temporarily withdraAvn. This is laid down in article 4. Tt must be considered limitative in the sense that stress of weather is the only form of compulsion which can be alleged. If the block- ading forces were withdrawn for any other reason, the blockade would be regarded as raised, and, if it were resumed, articles \'2 (last rule) and 13 would apply. Art. 5. A blockade must be applied impartially to the ships of all nations. Blockade, as an operation of lawful warfare, must be respected by neutrals in so far as it really remains an operation of war wjiich has the object of interrupting all comniercinl relations with ihv blockaded port. It nuiy not be made the means of allowing a belligerent to favor the vessels of certain nations by letting them pass. This is the point of article 5. Art. (>. The conimaiidor of a blockadim: force may give permi.s.sion to a war- shiit to enter, and subsefinoiitly to leave, a hloc-kadwl port. Does the prohibition which applies to all merchant ve.ssels ap|)lv also to warships? No definite reply can be given. The commander of the blockading forces may think it useful to cut oil" all comimniica- tion with the blockacK^d place and rcfu.se access to neutral warships: no rule is imposed on him. If he lets them in, it is as a matter of 288 courtesy. If a. rule has boen drawn up merely to lay down this, it is in order that it may not be claimed that a blockade has ceased to be eU'ective on account of leave granted to such and such neutral war- ships. The blockading commander must act impartially, as stated in article 5. Nevertheless, the mere fact that he has let a warship pass does not oblige him to let pass all neutral warships which may come. It is question of judgment. The presence of a neutral warship in a blockaded port may not have the same consequences at all stages of the blockade, and the commander must be left free to judge whether he can be courteous without making any sacrifice of his military interests. Art. 7. In circumstances of distress, acknowledced by an officer of the block- ading force, a neutral vessel may enter a place under blockade, and subsequently leave it, provided that she has neither discharged nor shipped any cargo there. Distress can explain the entrance of a neutral vessel into a block- aded place, for instance, if she is in want of food or water, or needs immediate repairs. As soon as her distress is acknowledged by an authority of the blockading force, she may cross the line of blockade; it is not a favor which she has to ask of the humanity or courtesy of the blockading authorit}-. The latter may deny the state of distress but when once it is proved to exist, the consequence follows of itself. The vessel which has thus entered the blockaded port will not be obliged to remain there for the whole duration of the blockade; she may leave as soon as she is fit to do so, when she has obtained the food or water which she needs, or when she has been repaired. But the leave granted to her must not be made an excuse for commercial transactions; therefore she is forbidden to discharge or ship any cargo. It is needless to say that a blockading squadron which insisted on preventing a vessel in distress from passing, might do so if she afforded her the help which she needed. Art. 8. A blockade, in order to be binding, must be declared in accordance with article 9. and notified in accordance with articles 11 and 16. Independently of the condition prescribed by the declaration of Paris that it must be effective, a blockade, to be binding, must be declared and notified. Article 8 confines itself to laying down the princi])le which is^ipplied by the following articles. To remove all possibility of misunderstanding it is enough to define clearly the meaning of these two expressions, which will frequently be used. The declaration of blockade is the act of the coinpetent authority (a government or commander of a squadron) stating that a blockade is, or is about to be, established under conditions to be .specified (art. 9). The notification is the fact of bringing the decla- ration of blockade to the knowledge of the neutral powers or of certain authorities (art. 11). These two thing.s — declaration and notification — will in most cases be done previously to the enforcement of the rules of blockade, that is to say, to the real prohibition of passage. Nevertheless, as we shall see later, it is sometimes possible for passage to be forbidden by the very fact of the bloclcade which is brought to the knowledge of a vessel approaching a blockaded port by means of a notification 289 which is special, whereas the nolilication which has just been defined, and which is spoken of in article 11, is of a general character. Aet. 9. A declaration of blockade is made either by the blockading power or by the naval authorities acting in Its name. It si)ecifies — (1) The date when the blockade begins. (2) The geo^ni I'll 'fill limits nf the cdast line under blockade. {'•i) The pcriixl within which neutral vessels may come out. The declaration of blockade in mo.st ca.ses emanates from the bel- ligerent government it.self. That government may have left the commander of its naval forces free himself to declare a blockade according to the circum.stance.s. There will not, perhaps, be as much reason as formerly to give this discretion, becaii.se of the ease and rapidity of conminnication. This, being merely an internal question, matters little. The declaration of blockade must specify certain points which it is in the interest of neutrals to know, in order to be aware of the extent of their obligations. The moment from which it is forbidden to communicate with the blockaded place must be exactly known. It is important, as atl'ecting the obligations both of the blockading i)ower and of neutrals, that there should be no uncertainty as to the places really blockaded. Finally, the cu.stom has long been established of allowing neutral vCvS.sels which are in the blockaded port to leave it. This custom is here confirmed, in the sense that the blockading power must allow a period within which vessels may leave; the length of this period is not fixed, because it clearly depends on very varying circumstances, but it is understood that the period should be reason- able. Art. 10. If the operations of the blockading power, or of the naval authorities acting in its name, do not tally with the particulars, which, in acordancc with article U (1) and (2), must be inserted in the declaration of blockade, the declaration is void, and a new declaration is necessary in order to make the blockade operative. The object of this article is to insure the observance of article 9, Supposing the declaration of blockade contains statements which do not tally with the actual facts; it states that the blockade began, or will begin, on such a day, whereas, in fact, it only began several days later. Its geograj^hical limits are inaccurately given; they are wider than tho.se within which the blockading forces are operating. What shall be the sanction? The nullity of the declaration of blockade, which prevents it from being operative. If tiien, in such a case, a neutral vessel is captured for breach of blockade, she can refer to the nullity of the declaration of bh)ekade as a plea for the nullity of the capture; if her plea is rejected by the national tribunal, she can appeal to the international court. To avoid misunderstandings, the significance of this provision must be noticed. Tiie declaration states that the blockade l)egins on the 1st of February; it really only begins on the 8th. It is needless to say that the declaration had no oU'ect from the 1st to the Sth, because at that time there was no blockade at all; the declaration states a fact, but does not take the place of one. The rule goes further: The declaration shall not even be operative from the Sth onward; it is definitely void, and another must be made. There is no question here of rases where article is disregarded by neglect to allow neutral vessels in the blockaded port time to 290 leave it. The sa notion coiikl not bo the same. There is no reason to annul the declaration as regards neutral vessels wishing to enter the blockaded port. A special sanction is needed in that case, and it is provided by article 16, paragraph 2. Art. 11. A declaration of blockade is notified — (1) To neutral powers, by the blockading power by means of a coniniunica- tion addressed to the governments direct, or to their representatives accredited to it. (2) To the local authorities, by the officer commanding the blockading force. The local authorities will, in turn, inform the foreign consular officers at the port or on the coast line under blockade as soon as possible. A declaration of blockade is not valid unless notified. The observ- ance of a rule can only be required by those who have the opportunity of knowinw it. Two notifications must be made : 1. The first is addressed to neutral powers by the belligerent power, which communicates it to the governments themselves or to their representatives accredited to it. The communication to the govern- ments will in most cases be made through the diplomatic agents; it might happen that a belligerent had no diplomatic relations with a neutral country; he will then address itself, ordinarily by telegraph, directly to the government of that country. It is the duty of the neutral governments advised of the declaration of blockade to take the necessary measures to dispatch the news to the different parts of their territory, especially their ports. 2. The second notification is made by the commander of the block- ading force to the local authorities. These must inform, as soon as possible, the foreign consuls residing at the blockaded place or on the blockaded coast line. These authorities would be responsible for the neglect of this obligation. Neutrals might suffer loss from the fact of not having been informed of the blockade in sufficient time. Art. 12. The rules as to declaration and notification of blockade apply to cases w-here the limits of a blockade are extended, or where a blockade is re- established after having been raised. Supposing a blockade is extended beyond its original limits, as regards the new part, it is a new blockade and, in consequence, the rules as to declaration and notification must be applied to it. The same is true in cases where a blockade is reestablished after having been raised ; the fact that a blockade has already existed in the same locality must not be taken into account. Art. 13. The voluntai'y raising of a blockade, a^ also any restriction in the limits of a blockade, must be notified in the manner prescribed by article 11. It is indispensable to know of the establishment of a blockade, it w^ould at least be u.seful for the public to be told of its raising, since it puts an end to the restrictions imposed on the relations of neutrals with the blockaded port. It has therefore been thought fit to ask the power which raises a blockade to make known tlie fact in the form in which it has notified the establishment of the blockade. (Art. 11.) Only it mu.st be observed that the sanction could not be the same in the tw^o cases. To insure the notification of the declaration of blockade there is a direct and adequate sanction; an unnotified blockade is not binding. In the case of the raising there can be no parallel to this. The public will really gain by the raising, even 291 without boinjz told of it ofliciiilly. 'V\w blockiulinfj power which did not notify the raising wouhl expose itself to diplDniatic remonstrances on the ground of the nonfulfillment of an international duty. This nonfulfillment will have more or less serious consequences, according to circumstances. Sometimes the raising of the blockade will really have become known at once, and oflicial notification would add nothing to this effective publicity. It is needless to add that oidy (he voluntary raising of a blockade is here in quCvStion; if the blockading force has been driven off by the arrival of enemy forces, it can not be held bound to make known its defeat, which its adversary will undertake to do without delay. Instead of raising a l)lockade, a belligerent may confine him.self to restricting it; he only blockades one port instead of two. As regards the port which ceases to be included in the blockade, it is a case of voluntary raising, and consequently the same rule applies. Art. 14. The liability of a neiitnil vessel to capture for breaeh of blockade is contingent on her liuowledge, actual or presumptive, of the blockade. For a vessel to be liable to capture for breach of blockade, the first condition is that she must be aware of the blockade, because it is not just to punish some one for breaking a rule which he does not know. Nevertheless, there are circumstances in which, even in the absence of proof of actual knowledge, knowledge may be presumed, the right of rebutting this presumption being always reserved to the party concerned. (Art. 15.) Art. in. Failin.c proof to the contrary, knowledge of the blockade is pre- sumed if the vessel left a neutral port subsequently to the notification of the blockade to the power to which such port belongs, provided that such notifica- tion was made in sufficient time. A vessel has left a neutral port subsequently to the notification of the blockade made to the powers to which the port belongs. Was this notification made in suflEicient time; that is to say, so as to reach the port in question, where it had to be published by the port authori- ties? That is a question of fact to be examined. If it is settled affirmatively, it is natural to suppose that the vessel was aware of the blockade at the time of her departure. This presumption is not, however, absolute, and the right to adduce proof to the contrary is reserved. It is for the incriminated vessel to furnish it by showing that circumstances existed which explain her ignorance. Abt. 16. If a vessel approaching a blockaded port has no knowledge, actual or presumptive, of the blockade, the nolific.itiou must be made to the vessel itself by an officer of one of the ships of the blockading force. This notifica- tion should be eniercd in the vessel's log book, and must state the day and hour and the geograpliiciil jiosition of the vessel at the lime. If through the negligence of the officer comm.inding the blockading force no declaration of blockade has been notified to the local authorities, or if in the declaration, ns notified, no jteriod h:is been mentioned within which neutral vessels may come out, a neutral vessel coming out of the blockaded port must be allowed to pass free. A vessel is supposed to be approaching a blockaded port without its being possible to tell whether she knows or is presumed to know of the existence of the blockade; no notification in the sense of article 11 has reached her. In that case a special notification is necessary in order that the vessel may be duly informed of the fact of the block- ade. This notification is made to the vessel herself by an officer of 76844°— S. Doc. 1063, 62-^3 20 292 one of the war ships of the blockading force, and is entered on the vessel's log book. It may be made to the vessels of a convoyed fleet by a neutral war ship through the commander of the convoy, who ac- knowledges receipt of it and takes the necessary measures to have the notification entered on the log book of each vessel. The entry notes the time and place where it is made, and the names of the blockaded places. The vessel is prevented from passing, and the blockade is thus made binding for her, though not previously notified; this ad- verb is therefore omitted in article 8. It can not be admitted that a merchant vessel should claim to disregard a real blockade, and to break it for the sole reason that she was not personally aware of it. But, though she may be prevented from passing, she may only be captured wlien she tries to break blockade after receiving the notifi- cation. This special notification is seen to play a very small part, and must not be confused with the special notification absolutely insisted on by the practice of certain navies. What has just been said refers to the vessel coming in. The vessel leaving the blockaded port must also be considered. If a regular notification of the blockade has been made to the local authorities (art. 11 (2)), the position is simple: the vessel is, or is presumed to be. aware of the blockade, and is therefore liable to capture in case she has not kept to the period for leaving allowed by the blockading power. But it may happen that no declaration of blockade has been notified to the local authorities, or that that declaration has con- tained no mention of the period allowed for leaving, in spite of the rule prescribed by article 9 (3). The sanction of the blockading power's offense is that the vessel must be allowed to go free. It is a strong sanction, w^hich corresponds exactly with the nature of the offense committed, and will be the best means of preventing its com- mission. It is needless to say that this provision only concerns vessels to which the period allowed for leaving would have been of use — that is to say, neutral vessels which were in the port at the time when the blockade was established; it has nothing to do with vessels which are m the port after having broken blockade. The commander of the blockading squadron may always repair his omission or mistake, make a notification of the blockade to the local authorities, or complete that which he has already made. As is seen from these explanations, the most ordinary case is as- sumed — that in which the absence of notification implies negligence on the part of the commander of the blockading forces. The situa- tion is clearly altogether changed if the commander has done all in his power to make the notification, but has been prevented from doing so by lack of good will on the part of the local authorities, who have intercepted all communications from outside. In that case he can not be forced to let pass vessels which wish to leave, and which, in the absence of the prescribed notification and of presump- tive knowledge of the blockade, are in a position similar to that con- templated in article IG, paragraph 1. Art. 17. Nentrjil vessels may not be captured for breach of blockade except within the area of operations of Che warships detailed to render the blockade effective. 293 The other condition of the liability of a vessel to capture is that she should be found within the area of operations of the warships detailed to make the blockade effective; it is not enough that she ;.hould be on her way to the blockaded port. As for Avhat constitutes the area of operations, an explanation has been given which has been universally accepted, and is quoted here as furnishing the best commentary on the rule laid down by arti- cle 17: When :i KoveranienI dtK-ides to undertaking blockading operations against some part of the enemy coast It details a certain number of warships to take part in the blockade and intrusts the command to an officer whose duty is to use them for the purpose of makiLg the blockade effective. The commander of the naval force thus formed posts the ships at his disposal according to the line of the coast and the geographical position of the blockaded places and instructs each ship as to the part which she has to play, and especially as to the zone which she is to watch. All the zones watched taken together, and so organized as to make the blockade effective, form the area of operations of the blockading naval force. The area of operations so constituted is intimately connected with the effec- tiveness of the blockade and also with the number of ships employed on it. Cases may occur in which a single ship will be enougli to keep a blockade effective — for instance, at the entrance of a port or at the mouth of a river with a small estuary, so long as circumstances allow the blockading ship to stay near enough to the entrance. In that case ihe area of ojierations is itself near the coast. But, on the other hand, if circumstances force her to remain far off. one ship may not be enough to secure effectiveness, and to maintain this she will then have to be supported by others. From this cause the area of operations become wider and extends farther from the coast. It may there- fore vary with circumstances and with the number of blockading shins, but it will always be limited by the condition that effectiveness must be assured. It does not seem possible to fix the lijnits of the area of oiK-rations in detinite figures any more than to fix beforehand and definitely the number of ships neces- sary to assure the effectiveness of any blockade. These points must be settled according to circumstances in each particular case of a blockade. This might perhaps be done at the time of making the declaration. It is clear that a blockade will not be established in the same way on a defenseless coast as on one i)ossessing all modern means of defense. In the latter case there could be no question of enforcing a rule such as that which formerly required that ships should be stationai-y and sufliciently close to the blockaded i)laces; the position would be too dangerous for the ships of the blockading force, which, besides, now jiossess more powerful means of watching effectively a much wider zone than formerly. The area of operations of a blockading naval force may be rather wide, but as it depends (n the number of ships contributing to the effectiveness of the blockade and is always limited by the condition that it should be effective, it will never reach distant seas where merchant vessels sail which are, perhaps, making for the blockaded ports, but whose destination is contingent on the changes which circumstances may produce in the blockade during their voyage. To sum up. the idea of the area of operations joined with that of effectiveness, as we have tried to define it — that is to sjiy, including the zone of operations of the blockading forces — allows the belligerent effectively to exercise the right of blockade, which he admittedly possesses, and, on the other hand, saves neutrals from exposure to the drawbacks of blockade at a great distance, while it leaves them free to run the risk whicli they knowingly incur by approaching points to which access is forbidden by the belligerent. Art. is. The blockading forces must not bar access to netural ports or coasts. This rule has been thought neces.'^ary the better to protect the com- mercial interests of neutral countries; it completes article 1, accord- ing to which a blockade must not extend beyond the ports and coasts of the eneiny, which implios that, as it is an operation of war, it must not ])(> dircclod against a neutral port, in spite of the importance to a belligerent of the part played by that neutral port in supplying his adversary. 294 Art. 19. Whatever may be the ulterior destination of a vessel or of her cargo, she c;iii not be captiuod for breach of blockade if, at the moment, she is on her way to a nonblockaded port. It is the true destination of the vessel which must be considered when a breach of blockade is in question, and not the ulterior destina- tion of the cargo. Proof or presumption of the latter is therefore not enough to justify the capture, for breach of blockade, of a ship actually bound for an unblockaded port. But the cruiser might always prove that this destination to an unblockaded port is only apparent, and that in reality the immediate destination of the vessel is the blockaded port. Abt. 20. A vessel which has broken blockade outward, or which has attempted to break blockade inward, is liable to capture so long as she is pursued by a ship of the blockading force. If the pursuit is abandoned or if the blockade is raised, her capture can no longer be effected. A vessel has left the blockaded port or has tried to enter it. Shall she remain indefinitely liable to capture? To reply by an absolute affirmative would be to go too far. This vessel must remain liable to capture so long as she is pursued b}^ a ship of the blockading force; it would not be enough for her to be encountered by a cruiser of the blockading enemy which did not belong to the blockading squadron. The question whether or not the pursuit is abandoned is one of fact ; it is not enough that the vessel should take refuge in a neutral port. The ship which is pursuing her can wait till she leaves it, so that the pursuit is necessarily suspended, but not abandoned. Capture is no longer possible when the blockade has been raised. Art. 21. A vessel found guilty of breach of blockade is liable to condemnation. The cargo is also condemned unless it is proved that at the time of the shipment of the goods the shipper neither knew nor could have known of the intention to break the blockade. The vessel is condemned in all cases. The cargo is also condemned on principle, but the interested party is allowed to oppose a plea of good faith ; that is to say, to prove that when the goods were shipped the shipper did not know and could not have known of the intention to break the blockade. Chapter II. — Contraband of War. This chapter is one of the most, if not the most, important of the declaration. It deals with a matter which has sometimes given rise to serious disputes between belligerents and neutrals. Therefore regulations to establish exactly the rights and duties of each have often been urgently called for. Peaceful trade may be grateful for the precision with which a subject of the highest importance to its interests is now for the first time treated. The notion of contraband of war connotes two elements: It con- cerns objects of a certain kind and with a certain destination. Can- nons, for instance, are carried in a neutral vessel. Are they contra- band? That depends; if they are destined for a neutral government, no; if they are destined for an enemy government, yes. The trade in certain articles is by no means generally forbidden during war; it is the trade with the enemy in these articles which is illicit, and against which the belligerent to whose detriment it is carried on may protect himself by the measures allowed by international law. 295 Articles 22 and 24 enumerate the articles which may be contraband of war, and which are so in fact when they liave a certain destination laid down in articles 30 and 33. The traditional distinction between absolute and conditional contraband is maintained. Articles 22 and 30 refer to the former, and articles 24 and 33 to the latter. Art. 22. The following articles may, without notice," be treated as contraband of war, under the name of absolute contraband: (1) Arms of all kinds, including arms for sporting purposes, and their dis- tinctive component parts. (2) Projectiles, charges, and cartridges of all Itiuds, and their distinctive component parts. (3) Powder and e.xplosivos specially prepared for use in war. (4) Gun mountings, limber boxes, limbers, military wagons, field forges, and their distinctive component parts. (5) Clothing and equipment of a distinctively military character. (6) All kinds of harness of a distinctively military character. (7) Saddle, draft, and pack animals suitable for use in war. (8) Articles of camp equipment, and their distinctive component parts. (9) Armor plates. (10) Warships, including boats and their distinctive component parts of su^h a nature that they can only be usee made in time of peace or of war. The former case will doubtless rarely occur, because a state which made such a notification mighi" be suspected of meditating a w-ar; it would, nevertheless, have the advantage of informing trade beforehand. There was no reason for making it impossible. The right given to a power to make an addition to the list by a mere declaration has been thought too wide. It should be noticed that this right does not involve the dangers supposed. In the first place, it is understood that the declaration is only operative for the <» In view of the difficulty of finding an exact equivalent in English for the expression " de plein droit," It has been decided to translate it by the words " without notice," which represent the meaning attached to it by the draftsman of the present General Report (see next page). 296 power which makes it, in the sense that the article added will only be contraband for it, as a belligerent : other states nia}^ of course, also make a similar declaration. The addition may only refer to articles exclusively used for war; at present it would be hard to mention any such articles which are not included in the list. The future is left free. If a power claimed to add to the list of absolute contraband articles not exclusively used for war, it might expose itself to dii)lomatic remonstrances, because it would be disregarding an accepted rule. Besides, there would be an eventual resort to the international prize court. Suppose that the court holds that the article mentioned in the declaration of absolute contraband is wrongl}' placed there because it is not exclusively used for war, but that it might have been included in a declaration of conditional contraband. Con- fiscation may then be justified if the capture was made in the condi- tions laid down for this kind of contraband (arts. 33-35) which differ from those enforced for absolute contraband (art. 30). It had been suggested that, in the interest of neutral trade, a period should lapse between the notification and its enforcement. But that would be very damaging to the belligerent, whose object is precisely to protect himself, since, during that period, the trade in articles which he thinks dangerous would be free and the effect of his measure a failure. Account has been taken, in another form, of the considerations of equity which have been adduced (see art, 43). Art. 24. The followins articles, susceptible of use in war as well as for pu»^ poses of peace, may, without notice," be treated as contraband of war, under the name of conditional contraband : (1) Foodstuffs. (2) Forage and grain, suitable for feeding animals. (3) Clothing, fabrics for clothing, and boots and shoes, suitable for use In war. (4) Gold and silver in coin or bullion; paper money. (5) Vehicles of all kinds available for use in war, and their component parts. (6) Vessels, craft, and boats of all kinds; floating docks, parts of docks, and their component parts. (7) Railway material, both fixed and rolling stock, and material for tele- graphs, wireless telegraphs, and telephones. (8) Balloons and flying machines and their distinctive component paxts. to- gether with accessories and articles recognizable as intended for use in connec- tion with balloons and flying machines. (9) Fuel; lubricants. (10) Powder and explosives not specially prepared for use in war. (11) Barbed wire and implements for fixing and cutting the same. (12) Horseshoes and shoeing materials. (13) Harness and saddlery. (14) Field glasses, telescopes, chronometers, and all kinds of nautical instru- ments. On the expression "de plein droit" (without notice) the same re- mark must be made as with regard to article 22. The articles enu- merated are only conditional contraband if they have the destination specified in article 33. Foodstuffs include products necessary or useful for sustaining man, whether solid or liquid. Paper money only includes inconvertible paper money, i. e., bank notes which may or not be legal tender. Bills of exchange and checks are excluded, "See note to art. 22. 297 Engines and boilers are included in (6). Kailway material includes fixtures (such as rails, sleepers, turn- tables, parts of bridges), and rolling stock (such as locomotives, carriages, and trucks). Art. 25. Articles susceptible of use in war as well as for purposes of peace, other than those enuniorated in articles 22 and 24, may be added to the list of conditional contraband by a declaration, which must be notified in the manner provided for in the second paragraph of article 23. This provision corresponds, as regards conditional contraband, to that in article 23 as regards absolute contraband. Art. 26. If a power waives, so far as it is concerned, the right to treat as contraband of war an article comprised in any of the classes enumerated in articles 22 and 24, such intention shall be announced by a declaration, which must be notified in the manner provided for in the second paragraph of article 23. A belligerent may not wish to use the right to treat as contraband of war all the articles included in the above lists. It may suit him to add to conditional contraband an article included in absolute contra- band or to declare free, so far as he is concerned, the trade in some article included in one class or the other. It is desirable that he should make known his intention on this subject, and he will prob- ably do so in order to have the credit of the measure. If he does not do so, but confines himself to giving instructions to his cruisers, the vessels searched will be agreeably surprised if the searcher does not reproach them with carrying what they themselves consider contra- band. Nothing can prevent a power from making such a declaration in time of peace. See what is said as regards article 23. Art. 27. Articles which are not susceptible of use in war may not be declared contraband of war. The existence of a so-called free list (art. 28) makes it useful thus to put on record that articles which can not be used for purposes of war may not be declared contraband of war. It might have been thought that articles not included in that list might at least be declared conditional contraband. Art. 28. The following may not be declared, contraband of war : (1) Raw cotton, wool, silk, jute, flax, hemp, and other raw materials of the textil? industries, and yarns of the same. (2) Oil seeds and nuts; copra. (3) Rubber, resins, gums, and lacs; hops. (4) Raw hides and horns, bones, and ivory. (5) Natural and artificial manures, including nitrates and phosphates for agricultural purposes. (6) Metallic ores. (7) Earths, clays, lime, chalk; stone, including marble, bricks, slates, and tiles. (S) Chinaware and glass. (9) Paper and p.iper-makiug materials. (10) Soap, paint and colors, including articles exclusively used in their man- ufacture, and varnish. (11) Bleaching powder, soda ash, caustic soda, salt cake, ammonia, sulphate of annnonia, and sulphate of copper. (12) Agricultural, mining, textile, and printing machinery. (13) I'recious and semiprecious stones, pearls, mother-of-pearl, and coral. (14) Clocks and watches, other than chronometers. (15) Fashion and fancy goods. (16) Feathers of all kinds, hairs, and bristles. (17) Articles of household furniture and decoration; office furniture and requisites 298 To lessen the drawbacks of war as regards neutral trade it has beun tiiought useful to draw up this so-called free list, but this does not mean, as has been explained above, that all articles outride it might be declared contraband of war. The ores here referred to are the product of mines from which metals are derived. There was a demand that dyestuffs should be included in (10), but this seemed too general, for there are materials from which colors are derived, such as coal, which also have other uses. Products only used for making colors enjoy the exemption. '"Articles de Paris," an expression the meaning of which is univer- sally understood, come under (15). (IG) refers to the hair of certain animals, such as pigs and wild boars. Carpets and mats come under household furniture and orna- ments (17). Art. 29. Likewise the following may not be treated as contraband of war: (1) Articles serving exclusively to aid the sick and wounded. They can. however, in case of urgent military necessity and subject to the payment of compensation, be rsquisitioned. if their destination is that specified in article 30. (2) Ai'ticles intended for the use of the vessel in which they are found, as well as those intended for the use of her crew and passengers during the voyage. The articles enumerated in article 29 are also excluded from treat- ment as contraband, but for reasons different from those which have led to the inclusion of the list in article 28. Motives of humanity have exempted articles exclusively used to aid the sick and wounded, which, of course, include drugs and different medicines. This does not refer to hospital ships, which enjoy special immunity under the convention of The Hague of the ISth October, 1907, but to ordinary merchant vessels, whose cargo includes articles of the kind mentioned. The cruiser has, however, the right, in case of urgent necessity, to requisition such articles for the needs of her crew or of the fleet to which she belongs, but they can only be requisi- tioned on payment of compensation. It must, however, be observed that this right of requisition may not be exercised in all cases. The articles in question must have the destination specified in article 30 — that is to say, an enemy destination. Otherwise, the ordinary law regains its sway ; a belligerent could not have the right of requisition as regards neutral vessels on the high seas. Articles intended for the use of the vessel, which might in them- selves and by their nature be contraband of war. may not be so treated ; for instance, arms intended for the defense of the vessel against pirates or for making signals. The same is true of articles intended for the use of the crew and passengers during the voyage; the crew here includes ill persons in the service of the vessel in general. Destination of contraband. — As has been said, the second element in the notion of contraband is destination. Great difficulties have arisen on this subject, which find expression in the theory of con- tinuous voyage, so often attacked or adduced without a clear com- prehension or its exact meaning. Cases must simply be considered on their merits so as to see how they can be settled without unnecessarily annoying neutrals or sacrificing the legitimate rights of belligerents. 299 III order to effort a compromiso between conflicting theories and practices, absolute and conditional contraband lia\e been differently treated in this connection. Articles 30 to 32 refer to absolute, and articles 33 to 36 to condi- tional contraband. Art. 30. Absolute contraband Is liable to capture if it is shown to be dcstinelute contraband, her papers are con- elusive proof as to the voyage on which she is engaged, unless she is found clearly out of the course indicated by her papers and unable to give adequate reasons to justify such deviation. The papers therefore are conclusive proof of the course of the vessel, unless she is encountered in circumstances which show that their statements are not to be trusted. See also the explanations given as regards article 35. Art. 33. Conditional contraband is liable to capture if it is shown to be destined for the use of the armed forces or of a government department of the enemy state, unless in this latter case the circumstances show that the goods can not in fact be used for the purposes of the war in progress. This latter exception does not apply to a consignment coming under article 24 (4). The rules for conditional contraband differ from those laid down for absolute contraband in two respects: (1) There is no question of destination for the enemy in general, but of destination for the u.se of his armed forces or government departments; (2) the doctrine of continuous voj^age is excluded. Articles 33 and 34 refer to the first and article 35 to the second principle. The articles included in the list of conditional contraband may serve for peaceful uses as well as for hostile purposes. If from the circumstances the peaceful purpose is clear, their capture is not justi- fied; it is otherwise if a hostile purpose is to be assumed, as, for instance, in the case of foodstuffs destined for an enemy army or fleet, or of coal destined for an enemy fleet. In such a case there is clearly no room for doubt. But what is the solution when the articles are destined for the civil government departments of the enemy state ? It may be money sent to a government department for use in the pay- ment of its official salaries, or rails sent to a department of public works. In these cases there is enemy destination which renders the goods liable in the first place to capture and in the second to con- demnation. The reasons for this are at once legal and practical. The state is one, although it necessarily acts through different depart- ments. If a civil department may freely receive foodstuffs or money, that department is not the only gainer, but the entire state, including its military administration, gains also, since the general resources of the state are thereby increased. Further, the receipts of a civil de- partment may be considered of greater use to the military adminis- tration and directly assigned to the latter. Money or foodstuffs really destined for a civil department may thus come to be used directly for the needs of the army. This possibility, which is always present, shows why destination for the departments of the enemy state is assimilated to that for its armed forces. It is the departments of the state which are dependent on the central power that are in question and not all the departments which may exist in the enemy state; local and municipal bodies, for instance, are not included, and articles destined for their use would not be contraband. War may be waged in such circumstances that destination for the use of a civil department can not be suspect, and consequently can tr> 301 not make o^oods contraband. For instance, there is a war in Europe, and the colonies of the belligerent countries are not in fact atl'ected by it. Foodstuli's or other articles in the list of conditional contra- band destined for the use of the civil government of a colony would not be hold to be contraband of war, because the considerations adduced above do not apply to their case; the resources of the civil government can not be drawn on for the needs of the war. Gold, silver, or paper money are exceptions, because a sum of money can easily be sent from one end of the world to the other. Art. 34. The dostination rcforrod to in article ?>?> is i)re.siiiniefl to exist if the goods are cousiKiicd to enemy autlioritie.s, or to a contnictor established in the enemy country, who, as a matter of conmiou knowledge, supplies articles of this kind to the enemy. A similar presumption arises if tlie goods are consigned to a fortified place belonging to the enemy, or other place serving as a base for the armed forces of the enemy. No such presiimpion, however, arises in the case of a merchant ves!«el bound for one of these places if it is sought to prove that she herself is contraband. In cases where the above presumptions do not arise, the destination is pre- sumed to be innocent. The presumptions set up by this article may be rebutted. Contraband articles will not usually be directly addressed to the military authorities or to the government departments of the enemj' state. Their true destination will be more or less concealed, and the captor must prove it in order to justify their capture. But it has been thought reasonable to set up presumptions based on the nature of the person to whom, or place for which, the articles are destined. It may be an enemy authority or a trader established in an enemy country who, as a matter of common knowledge, supplies the enemy government with articles of the kind in question. It may be a fortified place belonging to the enemy or a place used as a base, whether of operations or of supply, for the armed forces of the enemy. This general presumption may not be applied to the merchant ves- sel her.self on her way to a fortified place, though she may in herself be conditional contraband, but only if her destination for the use of the armed forces or government departments of the enemy state is directly proved. In the absence of the above presumptions, the destination is pre- sumed to be innocent. That is the ordinary law, according to which the ca]^tor must prove the illicit character of the goods which he claims to capture. Finally, all the presumptions thus set up in the interest of the captor or against him may be rebutted. The national tribunals, in the first place, and, in the second, the international court, will exercise their judgment. Art. 35. Conditional contraband is not liable to capture, except when found on board a vessel bound for territory belonging to or occupied by the enemy. or for the armed forces of the enemy, and when it is not to be discharged in an intervening neutral port. The ship's jiapers are conclusive i)roof both as to the voyage on which the vessel is engaged and as to the port of discharge of the goods, unless she is found clearly out of the course indicated by her papers, and unable to give adequate reasons to justify such deviation. As has been said above, the doctrine of continuous voyage is excluded for conditional contraband, which is only liable to capture when it is to be discharged in an enemy port. As soon as the goods are documented for discharge in a neutral port they can no longer 302 be contraband, and no examination will be made as to whether they are to be forwarded to the enemy by sea or land from that neutral port. It is here that the case of absolute contraband is essentially diti'erent. The ship's papers furnish complete proof as to the voyage on which the vessel is engaged and as to the place where the cargo is to be discharged; but this would not be so if the vessel were encountered clearly out of the course which she should follow according to her papers, and unable to give adequate reasons to justify such deviation. This rule as to the proof furnished by the ship's papers is intended to prevent claims frivolously raised by a cruiser and giving rise to unjustifiable captures. It must not be too literally interpreted, for that would make all frauds easy. Thus it does not hold good when the vessel is encountered at sea clearly out of the course which she ought to have followed, and unable to justify such deviation. The ship's papers are then in contradiction with the true facts and lose all value as evidence; the cruiser will be free to decide according to the merits of the case. In the same way, a search of the vessel may reveal facts which irrefutably prove that her destination or the place where the goods are to be discharged is incorrectly entered in the ship's papers. The commander of the cruiser is then free to judge of the circumstances and capture the vessel or not according to his judgment. To resume, the ship's papers are proof, unless facts show their evidence to be false. This qualification of the value of the ship's papers as proof seems self-evident and unworthy of special mention. The aim has been not to appear to weaken the force of the general rule, w^hich forms a safeguard for neutral trade. It does not follow that because a single entry in the ship's papers is shown to be false their evidence loses its value as a whole. The entries which can not be proved false retain their value. Art. 36. Notwithstandiug the provisions of article 35, conditional contraband, if shown to have the destination referred to in article 33, is liable to capture in cases where the enemy country has no seaboard. The case contemplated is certainly rare, but has nevertheless arisen in recent wars. In the case of absolute contraband, there is no difficulty, since destination for the enemy may alwa3^s be proved, whatever the route by which the goods are sent (art. 30). For con- ditional contraband the case is different, and an exception must be made to the general rule laid down in article 35, paragraph 1, so as to allow the captor to prove that the suspected goods really have the special destination referred to in article 33 without the possibility of being confronted by the objection that they were to be discharged in a neutral port. Art. 37. A vessel carrying goods liable to capture as absolute or conditional contraband may be captured on the high seas or in the territorial waters of the belligerents throughout the whole of her voyage, even if she is to touch at a port of call before reaching the hostile destination. The vessel may be captured for contraband during the whole of lier voyage, provided that she is in waters where an act of war is lawful. The fact that she intends to touch at a port of call before reaching the enemy destination does not prevent capture, provided that destination in her particular case is proved in conformity with the rules laid down in articles 30 to 32 for absolute, and in articles 303 33 to 35 for conditional contraband, subject to the exception pro- vided for in article 30. Abt. 38. A vessel may uot be captured on the ground that she has carried contraband on a previous occasion if such carriage is in point of fact at an end. A vessel is liable to capture for carrying contraband, but not for having done so. Abt. 39. Contraband goods are liable to condemnation. This presents no difficulty. Abt, 40. A vessel carrying contraband may be condemned if the contraband, reckoned either by value, weight, volume, or freight, forms more than half the cargo. It was universally admitted that in certain cases the condemnation of the contraband is not enough, and that the vessel herself should also be condemned, but opinions differed as to what these cases were. It was decided that the contraband must bear a certain proportion to the total cargo. But the question divides itself into two parts: (1) What shall be the proportion? The solution adopted is the mean between those proposed, which varied from a quarter to three-quar- ters. (2) How shall this proportion be reckoned? Must the contra- band form more than half the cargo in volume, weight, value, or freight? The adoption of a single fixed standard gives rise to theo- retical objections, and also to practices intended to avoid condemna- tion of the vessel in spite of the importance of the cargo. If the standard of volume or weight is adopted, the master will ship inno- cent goods, occupying space, or of weight, sufficient to exceed the contraband. A similar remark may be made as regards the standard of value or freight. The consequence is that in order to justify condemnation, it is enough that the contraband should form more than half the cargo by any one of the above standards. This may seem harsh; but, on the one hand, any other system would make fraudulent calculations easy, and, on the other, the condemnation of the vessel may be said to be justified when the carriage of contra- band formed an important part of her venture — a statement which applies to all the cases specified. Abt. 41. If a vessel carrying contraband is released, she may be condemned to pay the costs and expenses incurred by the captor in respect of the proceed- ings in the national prize court and the custody of the ship and cargo during the proceedings. It is not just that, on the one hand, the carriage of more than a certain proportion of contraband should involve the condemnation of the vessel, while if the contraband forms less than this proportion, it alone is confiscated. This oft^n involves no loss for the master, the freight of this contraband having been paid in advance. Does this not encourage trade in contraband, and ought not a certain pen- alty to be imposed for the carriage of a proportion of contraband less than that required to entail condemnation? A kind of fine was proposed which should bear a relation to the value of the contra- band articles. Objections of various sorts were brought forward against this proposal, although the principle of tlie infliction of some kind of pecuniary loss for the carriage of contraband seemed justified. The same object was attained in another way by providing that the costs and expenses incurred by the captor in respect of the pro- 304 ceedings in the national prize court and of the custody of the vessel and of her cargo during the proceedings are to be paid by the vessel. The expenses of the custody of the vessel include in this case the keep of the captured vessel's crew. It should be added that the loss to a vessel by being taken to a prize port and kept there is the most serious deterrent as regards the carriage of contraband. Abt. 42. Goods which belong to the owner of the contraband and are on board the same vessel are liable to condemnation. The owner of the contraband is punished in the first place by the condemnation of his contraband property; and in the second by that of the goods, even if innocent, which he may possess on board the same vessel. Art. 43. If a vessel is encountered at sea while unaware of the outbreak of hostillities or of the declaration of contraband which applies to her cargo, the contraband can not be condemned except on payment of compensation ; the vessel herself and the remainder of the cargo are not liable to condemnation or to the costs and expenses referred to in article 41. The same rule applies if the master, after becoming aware of the outbreak of hostilities, or of the dec- laration of contraband, has had no opportunity of discharging the contraband. A vessel is deemed to be aware of the existence of a state of war, or of a declaration of contraband, if she left a neutral port suhstniuently to the notifica- tion to the power to which such port belongs of the outbreak of hostilities, oj of the declaration of contraband, provided such notification was made in sufli- cient time. A vessel is also deemed to be aware of the existence of a state of war if she left an enemy port after the outbreak of hostilities. This provision is intended to spare neutrals who might in fact be carrying contraband, but against whom no charge could be made. This may arise in two cases: The first is that in which they are unaware of the outbreak of hostilities; the second is that in which, though aware of this, they do not know of the declaration of con- traband made by a belligerent, in accordance with articles 23 and 25, which is, as it happens, the one applicable to the whole or a part of the cargo. It would be unjust to capture the ship and condemn the contraband; on the other hand, the cruiser can not be obligated to let go on to the enemy goods suitable for use in the war of which he man stand in urgent need. These opposing interests are reconciled by making condemnation conditional on the payment of compensa- tion. (See the convention of the 18th October, 1907, on the rules for enemy merchant vessels on the outbreak of hostilities, which expresses a similar idea.) Art. 44. A vessel which has been stopped on the ground that she is carrying contraband, and which is not liable to condemnation on account of the propor- tion of contraband on board, may, when the circumstances permit, be allowed to continue her voyage if the master is willing to hand over the contraband to the belligerent warship. The delivery of the contraband must be entered by the captor on the logbook of the vessel stopped, and the master must give the captor duly certified copies of all relevant papers. The captor is at liberty to destroy the contraband that has been handed over to him under these conditions. A neutral vessel is stopped for carrying contraband. She is not liable to condemnation, because the contraband does not reach the proportion specified in article 40. She can, nevertheless, be taken to a prize port for judgment to be passed on the contraband. This right of the captor appears too wide in certain cases, if the importance of the contraband, po.ssibly slight (for instance, a case of guns or 305 revolvers), is compared with the heavy loss incurred by the vessel by being thus turned out of lier course and detained during tlie time taken up by the proceedings. The question has, therefore, been asked whether the right of the neutral vessel to continue her voyage might not be admitted if the contraband articles were handed over to the captor, who, on his part, might only refuse to receive them for sufli- cient reasons, for instance, the rough state of the sea, which would make transshipment dillicult or imi)ossible, well-founded suspicions as to the amount of contraband which the merchant vessel is really carrying, the diliiculty of stowing the articles on board the warship, etc. This proposal did not gain suilicient support. It was alleged to be impossible to impose such an obligation on the cruiser, for which this handing over of goods would almost always have draw- backs. If, by chance, it has none, the cruiser will not refuse it, because she herself will gain by not being turned out of her course by having to take the vessel to a port. The idea of an obligation hav- ing tlius been excluded, it was decided to provide for the voluntary handing over the contraband, which, it is hoped, will be carried cut whenever possible, to the great advantage of both parties. The formalities provided for are very simple and need no explanation. There must be a judgment of a ])rize court as regards the goods thus handed over. For this purpose the captor must be furnished with the necessary papers. It may be supposed that there might be doubt as to the character of certain articles which cruiser claims as contraband ; the master of the merchant vessel contests this claim, but prefers to deliver them up so as to be at liberty to continue his voyage. This is merely a capture which has to be confirmed by the prize court. The contraband delivered up by the merchant vessel may hamper the cruiser, which must be left free to destroy it at the moment of handing over, or later. Chapter III. — Unneutral Service. In a general way, it may be said that the merchant vessel which violates neutrality, whether by carrying contraband of war or by breaking blockade, affords aid to the enemy, and it is on this ground that the belligerent whom she injures by her acts is justified in inflict- ing on her certain losses. But there are cases where such unneutral service bears a particularly distinctive character, and for Such cases it has been thought necessary to make special provision. They have been divided into two classes according to the gravity of the act of which the neutral vessel is accused. In the cases included in the first class (art. 45), the vessel is con- demned, and receives the treatment of a vessel subject to condemna- tion for carrying contraband. This means that the vessel does not lose her neutral character and has a full claim to the rights enjoyed by neutral vessels; for instance, she may not be destroyed by the captor except under the conditions laid down for neutral vessels (arts. 48 et seq.) ; the rule that the flag covers the goods applies to goods she carries on board. In the more serious cases which belong to the second class (art. 46), the vessel is again condemned; but further, she is treated not only as a vessel subject to condemnation for carrying contraband, but as an enemy merchant vessel, which treatment entails certain conse- quences. The rules governing the destruction of neutral prizes does 306 not apply to the vessel, and as she has become an enemy vessel, it is no longer the second but the third rule of the declaration of Paris which is applicable. The goods on board will be presumed to be enemy goods; neutrals will have the right to claim their property on establishing their neutrality (art. 59). It would, however, be going too far to say that the original neutral character of the vessel is com- pletely lost, so that she should be treated as though she had always been an enemy vessel. The vessel may plead that the allegation made against her has no foundation in fact, that the act of which she is accused has not the character of unneutral service. She has, there- fore, the right of a]>peal to the international court in virtue of the provisions which protect neutral property. Art. 45. A neutral vessel will be condemned and will, in a general way, receive the same treatment as a neutral vessel liable to condemnation for carriage of contraband — (1) If she is on a voyage specially undertaken with a view to the transport of individual passengers who are embodied in the armed forces of the enemy, or with a view to the transmission of intelligence in the interest of the enemy. (2) If, to the knowledge of either the owner, the charterer, or the master, she is transporting a military detachment of the enemy, or one or more persons who, in the course of the voyage, directly assist the operations of the enemy. In the cases specified under the above heads, goods belonging to the owner of the vessel are likewise liable to condemnation. The provisions of the present article do not apply if the vessel is encountered at sea while unaware of the outbreak of hostilities, or if the master, after be- coming aware of the outbreak of hostilities, has had no opportunity of disem- barking the passengers. The vessel is deemed to be aware of the existence of a state of war if she left an enemy port subsequently to the outbreak of hos- tilities or a neutral port subsequently to the notification of the outbreak of hostilities to the power to which such port belongs, provided that such notifica- tion was made in sufficient time. The first case supposes passengers traveling as individuals; the case of a militarv detachment is dealt with hereafter. The case is that of individuals embodied in the armed military or naval forces of the enemy. There was some doubt as to the meaning of this word. Does it include those individuals only who are summoned to serve in virtue of the law of their country and who have really joined the corps to which they are to belong? Or does it also include such individuals from the moment when they are summoned and before they join that corps? The question is of great practical importance. Supposing the case is one of individuals who are natives of a con- tinental European country and are settled in America; these indi- viduals have military obligations toward their country of origin; they have, for instance, to belong to the reserve of the active army of that country. Their country is at war and they sail to perform their service. Shall they be considered as embodied in the sense of the provision which we are discussing? If we judged by the munici- pal law of certain countries we might argue that they should be so considered. But, apart from reasons of pure law. the contrary opin- ion has seemed more in accordance with practical necessity and has been accepted by all in a spirit of conciliation. It would be difficult, perhaps even impossible, without having recourse to vexatious meas- ures to which neutral governments would not unwillingly submit, to pick out among the passengers in a vessel those who . are bound to perform militarv service and are on their way to do so. The transmission of intelligence in the interest of the enemy is to be treated in the same way as the carriage of passengers embodied 307 in his armed force. The refeiencc to a vessel especially undertaking a voyage is intended to show that her usual service is not meant. She has been turned from her course; she has touched at a port which she does not ordinarily visit in order to eml)ark the passengers in question. She need not be exclusively devoted (o the service of the enemy; that case would come into the second class (art. 5G (4)). In the two cases just mentioned the vessel has performed but a single service; she has been employed to carry certain people, or to transmit certain intelligence; she is not continuously in the service of the enemy. In consequence she may be captured during the voyage on which she is performing the service which she has to render. Once that voyage is finished, all is over, in the sense that she may not be captured for having rendered the service in question. The prin- ciple is the same as that recognized in the case of contraband (art. 38). Tlio second case also falls under two heads. There is, first, the carriage of a military detachment of the enemy, or that of one or more persons who during the voyage directly assist his operations, for instance, by signaling. If these people are soldiers or sailors in uniform there is no dillicult}^, the vessel is clearly liable for condemnation. If they are soldiers or sailors in mufti, Avho might be mistaken for ordinary passengers, knowledge on the part of the master or owner is required, the charterer being assimilated to the latter. The rule is the same in the case of persons directly assisting the enemy during the voyage. In these cases, if the vessel is condemned for unneutral service, the goods belonging to her owner are also liable to condemnation. These provisions assume that the state of war was known to the vessel engaged in the operations specified; such knowledge is the reason and justification of her condemnation. The position is alto- gether different Avhen the vessel is unaware of the outbreak of hostili- ties, so that she undertakes the service in ordinary circumstances. She may have learned of the outbreak of hostilities while at sea, but have had no chance of landing the persons whom she was carrying. Condemnation would then be unjust, and the equitable rule adopted is in accordance with the provisions already accepted in other matters. If a vessel has left an enemy port subsequently to the outbreak of hostilities, or a neutral port after that outbreak has been notified to the power to whom such port belongs, her knowledge of the existence of a state of war will be presumed. The question here is merely one of preventing the condemnation of the vessel. The persons found on board her who belong to the armed forces of the enemy may be made prisoners of war by the cruiser. Art. 40. A neutral vessel is liable to condemnation and, in a general way, to the SI me treatment as would be applicable to her if she were an enemy merchant vessel — (1) If she takes a direct part in the hostilities. (2) If she is under the orders or control of an agent placed on board by the enemy government. (8) If she is in the exclusive employment of the enemy government. (4) If she is exclusively engaged at the time either in the transport of enemy troops nr in tlie trHusniission of intelligence in the interest of the enemy. In the cases covered by the present article, goods belonging to the owner of the vessel are likewise liable to condemnation. 76844°— S. Doc. 1063, 62-3 21 308 The cases here contemplated are more serious than those in article 45. which justifies the severer treatment inflicted on the vessel, as explained above. First case. — The vessel takes a direct part in the hostilities. This may take different forms. It is needless to say that, in an armed conflict, the vessel takes all the risks incidental thereto. We sup- pose her to have fallen into the power of the enemy whom she was fighting, and who is entitled to treat her as an enemy merchant vessel. Second case. — The vessel is under the orders or control of an agent placed on board by the enemy government. His presence marks the relation in which she stands to the enemy. In other circum- stances the vessel may also have relations with the enenn', but to be subject to condemnation she must come under the third head. Third case. — The whole vessel is chartered by the enemj^ govern- ment, and is therefore entirely at its disposal; it can use her for different purposes more or less directly connected with the war, notably, as a transport; such is the position of colliers wdiich accom- pany a belligerent fleet. There will often be a charter party between ihe belligerent government and the owner or master of the vessel, but all that is required is proof, and the fact that the whole vessel has. in fact, been chartered is enough, in whatever way it may be established. Fourth case. — The vessel is at the time exclusively devoted to the carriage of enemy troops or to the transmission of intelligence in the enemy's interest. The case is different from those dealt with by article 45, and the question is one of a service to which the ship is permanently devoted. The decision accordingly is that, so long as such service lasts, the vessel is liable to capture, even if. at the mo- ment when an enemy cruiser searches her. she is engaged neither in the transport of troops nor in the transmission of intelligence. As in the cases in article 45 and for the same reasons, goods found on board belonging to the owner of the vessel are also liable to con- demnation. It was proposed to treat as an enemy merchant vessel a neutral vessel making, at the time, and wnth the sanction of the enemy gov- ernment, a voyage which she has only been permitted to make sub- sequently to the outbreak of hostilities or during the two preceding months. This rule would be enforced notably on neutral merchant vessels admitted by a belligerent to a service reserved in time of peace to the national marine of that belligereut — for instance, to the coasting trade. Several delegations formally rejected this pro- posal, so that the question thus raised remains an open one. Art. 47. Any individual embodied in the nrniwl forces of the enemy who is found on board a neutrnl merchant vessel may be made a prisoner of war, even though there be no ground for the capture of the vessel. Individuals embodied in the armed military or naval forces of a belligerent may be on board a neutral merchant vessel when she is searched. If the vessel is subject to condemnation, the cruiser will capture her and take her to one of her own ports with the persons on board. Clearly the soldiers or sailors of the enemy state will not be set free, but will be treated as prisoners of war. Perhaps the case will not be one for the capture of the ship — for instance, because the master was unaware of the status of an individual who had come 309 on board as an ordinary passenger. Must the soldier or soldiers on board the vessel be set free? That does not appear admissible. The belligerent cruiser can not be compelled to set free active ene- mies who are physically in her power and are more dangerous than (his or that contraband article. She must naturally proceed with great discretion, and must act on her own responsibility in requiring the surrender of these individuals, but the right to do so is hers; it lias therefore been thought necessary to explain the point. Chapter IV. — Destruction of Neutral Prizes. The destruction of neutral prizes was a subject comprised in the jH'ogram of the second peace conference, and on that occasion no settlement was reached. It reappeared in the program of the present conference, and this time agreement has been found possible. Such a result, which bears witness to the sincere desire of all parties to arrive at an understanding is a matter for congratulation. It has been shown once more that conflicting hard-and-fast rules do not always correspond to things as they are, and that if there be readi- ness to descend to particulars, and to arrive at the precise way in which the rules have been applied, it will often be found that the actual practice is very much the same, although the doctrines pro- fessed appear to be entirely in conflict. To enable two parties to agree, it is first of all necessary that they should understand each other, and this frequently is not the case. Thus it has been found that those who declared for the right to destroy neutral prizes never claimed to use this right wantonly or at every opportunity, but only b}' way of exception ; while, on the other hand, those who maintained the principle that destruction is forbidden, admitted that the prin- ciple must give way in certain exceptional cases. It therefore be- came a question of reaching an understanding with regard to those exceptional cases to which, according to both views, the right to destroy should be confined. But this was not all ; there was need for some guaranty against abuse in the exercise of this right; the possi- bility of arbitrary action in determining these exceptional cases must be limited by throwing some real responsibility upon the cap- tor. It was at this stage that a new idea was introduced into the dis- cussion, thanks to which it was possible to arrive at an agreement. The possibility of intervention by a court of justice will make the captor reflect before he acts, and at the same time secure reparation in cases where there was no reason for the destruction. Such is the general spirit of the provisions of this chapter. Art. 48. A noutrnl vessel which has been car.tured may not be destroyed by the captor; she nni.st be takeu into such port as is proper for the determination there of all questions concerning the validity of the prize. The general principle is very simple. A neutral vessel which has been seized may not be destroyed by the captor; so much may be admitted by everyone, whatever view is taken as to the efl'ect pro- duced by the capture. The vessel must be taken into a port for the determination there as to the validity of the prize. A prize crew will be put on board or not, according to circumstances. Art. 40. As an excei^tion, n neutral vessel which has been captured by a bel- ligerent warship, and which would be liable to condemnation, may be destroyed if the observance of article 48 would Involve danger to the safety of the warship or to the success of the operations in which she is engaged at the time. 310 The first condition nece^^sarv to justify the destruction of the cap- tured vesjsel is that she should be liable to condemnation upon the facts of the case. If the captor can not even hope to obtain the condemnation of the vessel, how can he lay claim to the right to destroy her? The second condition is that the observance of the general principle would involve danger to the safety of the warship or to the success of the operations in which she is engaged at the time. This is what was iinally agreed upon after various solutions had been tried. It was understood that the phrase ?ompromettre la securite was synony- mous with mettre en danger le navire, and might be translated into English by: Involve danger. It is, of course, the situation at the moment when the destruction takes place which must be considered in order to decide whether the conditions are or are not fulfilled. For a danger which did not exist at the actual moment of the capture may have appeared some time afterwards. Art. 50. Before the vessel is destroyed all persons on bonrd must be placed in snfety, and all the ship's papers and other documents which the parties inter- ested' consider relevant for the purpose of deciding on the validity of the capture must be taken on board the warship. This provision lays down the precautions to be taken in the inter- ests of the persons on board and of the administration of justice. Art. 51. A captor who has destroyed a neutral vessel must, prior to any de- cision respecting the validity of the prize, establish tluit he only acted in the face of an exceptional necessity, of the nature contemplated in article 49. If he fails to do this, he must compensate the parties interested, and no examination shiill be made of the question whether the capture was valid or not. This claim gives a guaranty against the arbitrary destruction of prizes by throwing a real responsibility upon the captor who has car- ried out the destruction. The result is that before any decision is given respecting the validity of the prize, the captor must prove that the situation he was in was really one which fell under the head of the exceptional cases contemplated. This must be proved in proceed- ings to which the neutral is a party, and if the latter is not satisfied with the decision of the national prize court he may take his case to the international court. Proof to the above effect is, therefore, a con- dition precedent which the captor must fulfill. If he fails to do this, he must compensate the parties interested in the vessel and the cargo, and the question whether the capture was valid or not will not be gone into. In this way a real sanction is provided in respect of the obligation not to destroy a prize except in particular cases, the sanc- tion taking the form of a fine inflicted on the captor. If, on the other hand, this proof is given, the prize procedure follows the usual course; if the prize is declared valid, no compensation is due; if it is declared void, the parties interested have a right to be compensated. Resort to the international court can only be made after the decision of the prize court has been given on the whole matter, and not immediately after the preliminary question has been decided. Art. 52. If the capture of a neutral vessel is subsequently held to be invalid, though the act of destruction has been held to have been justifiable, the captor must pay compensation to the parties interested. In place of the restitution to which they would have been entitled. Art. 53. If neutral goods not li.ible lo condemnation have been destroyed with the vessel, the owner of such goods is entitled to compensation. 311 Supposing a A'CPsel wliich lifis been deslroyerl carried neutral goods not liable to condemnation: the owner of such goods has. in every case, a right to compensation; that is, without there being occasion to distinguish between cases where the destruction was or was not justified. This is equitable and a furtlier guaranty against arbitrary destruction. AuT. 54. The captor has the right to demand the handing over, or to proceed liinisolf to the destruction, of any goods liable to condenmalion found on board a vossel not herself liable to condemnation, provided that the circumstances are such as would, under article 49, justify the destruction of a vessel herself li;il)le to coiulenuiation. The captor must enter the goods surrendered or destroyed in the log book of the vessel stopped, and must obtain duly certified copies of all relevant papt'rs. When the goods have been handed over or destroyed and the formalities duly carried out, the master must be allowed to continue his voyage. The provisions of articles 51 and 52 respecting the obligations of a captor who has destroyed a neutral vessel are applicable. A cruiser encounters a neutral merchant vessel carrying contra- band in a proportion less than that specified in article 40. The cap- tain may put a prize crew on board the vessel and take her into a port for adjudication. He may, in conformity with the provisions of article 44, agree to the handing over of the contraba?id if offered by the vessel stopped. But what is to happen if neither of these solutions is reached? The vessel stopped does not offer to hand over the contraband, and the cruiser is not in a position to take the vessel into a national port. Is the cruiser obliged to let the neutral vessel go with the contraband on board? To require this seemed going too far, at least in certain exceptional circumstances. These circumstances are in fact the same as would have justified the destruction of the vessel, had she been liable to condemnation. In such a case, the cruiser may demand the handing over, or pro- ceed to the destruction, of the goods liable to condemnation. The reasons for which the right to destroy the vessel has been recog- nized may justify the destruction of the contraband goods, the more so as the considerations of humanity which can be adduced against the destruction of a vessel do not in this case apply. Against arbitrary demands by the cruiser there are the same guaranties as those which made it possible to recognize the right to destroy the vessel. The captor must, as a preliminary, prove that he was really faced by the exceptional circumstances specified: failing this, he is condennied to pay the value of the goods handed over or destroyed, and the question whether they were contraband or not will not be gone into. The article prescribes certain formalities whicli are necessary to establish the facts of the case and to enable the prize court to adjudicate. Of course, when once the goods have been handed over or destroyed and the fonnalities carried out, the vessel which has been stopped nuist be left free to continue her voyage. Chapter V. — Transfer to a Neutral Flag. An enemy merchant vessel is liable to capture, whereas a neutral merchant vessel is immune. Tt can therefore be readily understood that a belligerent cruiser encountering a merchant vessel whidi lays 312 claim to neutral nationality has to inquire Tvhether such nationality has been acqiured le(2:itimateh' or merely in order to shield the vessel from the risks to which she would have been exposed had she retained her former nationality. This question naturally arises when the transfer has taken place a comparatively short time before the mo- ment at wliich the ship is searched, whether the actual date be before or after the outbreak of hostilities. The answer will be dili'erent according as the question is looked at from the point of view of com- mercial or belligerent interests. Fortunately, rules have been agreed upon which conciliate both these interests as far as possible, and which at the same time tell belligerents and neutral commerce what their position is. Art. 55. The transfer of an enemy vessel to a neutral flag, effected before the onthreak of hostilities, is valid, unless it is proved that such transfer was made in order to evade the consequences to which an enemj- vessel, as such, is exposed. There is, however, a presumption, if the bill of sale is not on board a vessel which has lost her belligerent nationality less than sixty days before the out- break of hostilities, that the transfer is void. This presumption may be rebutted. Whore the transfer was effected more than thirty days before the outbreak of hostilities, there is an absolute presumption that it is valid if it is uncondi- tional, complete, and in conformity with the laws of the countries concerned, ;:nd if its effect is such that neither the control of, nor the profits earned by, the vessel remain in the same hands as before the transfer. If, however, the vessel lost her belligerent nationality less than sixty days before the outbreak of hostilities, and if the bill of sale is not on board, the capture of the vessel gives no right to damages. The general rule laid down in the first paragraph is that the trans- fer of an enemy vessel to a neutral flag is valid, assuming, of course, that the ordinary requirements of the law have been fulfilled. It is upon the captor, if he wishes to have the transfer annulled, that the onus lies of proving that its object was to evade the consequences entailed by the war in prospect. There is one case which is treated as suspicious, that, namely, in which the bill of sale is not on board when the ship has changed her nationality less than CO days before the outbreak of hostilities. The presumption of validity which has been set up by the first paragraph in favor of the vessel is then replaced by a presumption in favor of the captor. It is presumed that the transfer is void, but the presumption may be rebutted. AVith a view to such rebuttal, proof may be given that the transfer was not eifected in order to evade the consequences of the war; it is unnecessary to add that the ordinary requirements of the law must have been fulfilled. It was thought desirable to give to commerce a guaranty that the right of treating a transfer as void on the ground that it was effected in order to evade the consequences of war should not extend too far, and should not cover too long a period. Consequently, if the transfer has been effected more than 30 daj^s before the out- break of hostilities, it can not be impeached on that ground alone, and it is regarded as unquestionably valid if it has been made under conditions which show that it is genuine and final. These conditions are as follows: The transfer must be unconditional, complete, and in conformity with the laws of the countries concerned, and its effect must be such that both the control of, and the profits earned by, the ve.ssel pass into other hands. When once these conditions are proved to exist, the captor is not allowed to set up the conten- 313 (ion that the vender foresaw the war in which his country was about to be imolved, and wislied by the snU> to shichl himself from the risks to which a state of war would ha\e exiJosed him in respect of the vessels he was transferring. Even in this case, however, when a vessel is encountered by a cruiser and her bill of sale is not on board, she may be captured if a change of nationality has taken place less than GO days before the outbreak of hositilities; that circumstance has made her suspect. But if before the prize court the proof required by the second paragraph is adduced, she must be released, though she can not claim compensation, inasmuch as there was good reason for capturing her. Art. 5G. The tr:iiisft'r of an enemy vessel to a neutral fla;^ effected after the oiithrciik of hostililios is void unless it is proved tlint sucli trniisfer was not made in order to evade the consequences to which an enemy vessel, as such, is exposed. Provided that there is an absolute presumption tha( a transfer is void — (1) If the transfer has been made duriiiK a voyage or in a blockaded i)ort. (2) If a riiilit to repurchase or recover the vessel is reserved to the vender. (3) If (he requirements of the nnniicipal l:iw governing the right to fly the flag under which the vessel is sailing have not been fulfilled. The rule respecting transfers made after the outbreak of hostilities is more simple. Such a transfer is only valid if it is proved that its object was not to evade the consequences to which an enemy vessel, as such, is exposed. The rule accepted in respect to transfers made before the outbreak of hostilities is inverted. In that case there is a presumption that the transfer is valid; in the present, that it is void— provided always, that proof to the contrary may be given. For instance, it might be proved that the transfer had taken place by inheritance. Article oG recites cases in which the presumption that the transfer is void is absolute, for reasons which can be readily luiderstood. In the first case the connection between the transfer and the war risk run by the vessel is evident. In the second, the transferee is a mere man of straw, who is to be treated as owner during a dangerous l)eriod, after which the vender will recover possession of his vesseh Lastly, the third case might strictly be regarded as already provided for, since a vessel which lays claim to neutral nationality must natu- rally prove that she has a right to it. xVt one time provision was made in this article for the case of a vessel which was retained, after the transfer, in the trade in which she had previously been engaged. Such a circumstance is in the highest degree suspicious; the transfer has a fictitious appearance, inasmuch as nothing has changed in regard to the vessel's trade. This would apply, for instance, if a vessel were running on the same line before and after the transfer. It was, however, objected that to set up an absolute presumption would sometimes be too severe, and that certain kinds of vessels, as for example, tank ships, could, on account of their build, engage only in a certain definite trade. To meet this objection the word "route" was then added, so that it would have been necessary that the vessel should be engaged in the same trade and on the same route; it was thought that in this way the above contention would have been satisfactorily met. How- ever, the suppression of this case from the list being insisted on, it "vas agreed to eliminate it. Consequently, a transfer of this 314 character now falls within the general rule; it is certainly presumed to be void, but llie presumption may be rebutted. Chapter VI. — Enemy Character. The rule in the declaration of Paris that "the neutral Hag covers enemy goods, with the exception of contraband of war," corresponds so closely with the advance of civilization and has taken so firm a hold on the public mind that it is impossible, in the face of so extensive an application, to avoid seeing in that rule the embodi- ment of a principle of the common law of nations which can no longer be disputed. The determination of the neutral or enemy character of merchant vessels accordingly decides not only the ques- tion of the validity of their capture, but also the fate of the non- contraband goods on board. A similar general obsei'vation may be made with reference to the neutral or enemy character of goods. No one thinks of contesting to-day the principle according to which "neutral goods, with the exception of contraband of war, are not liable to capture on board an enemy ship." It is, therefore, only in respect of goods found on board an enemj^ ship that the question whether they are neutral or enemy property arises. The determination of what constitutes neutral or enemy character thus appears as a development of the two principles laid down in 1856, or rather as a means of securing their just application in practice. The advantage of deducing from the practices of different countries some clear and simple rules on this subject may be said to need no demonstration. The uncertainty as to the risk of capture, if it does not put an end to trade, is at least the most serious of hindrances to its continuance. A trader ought to know the risks which he runs in putting his goods on board this or that ship, while the underwriter, if he does not know the extent of those risks, is obliged to charge war premiums, which are often either excessive or else inadequate. The rules which form this chapter are, unfortunately, incomplete. Certain important points had to be laid aside, as has been already observed in the introductory explanations and as will be further explained below. Art. 57. Subject to the provisions resi^ecting transfer to another fliig. the neutral or enemy character of a vessel is determined by the flag which she is entitled to fly. The case where a neutral vessel is engaged in a trade which is closed in time of peace remains outside the scoi>e of this rule and is in no wise affected by it. The principle, therefore, is that the neutral or enemy character of a vessel is determined by the flag which she is entitled to fly. It is a simple rule which appears satisfactorily to meet the special case of ships, as distinguished from that of other movable property, and notably of the cargo. From more than one point of view ships may be said to possess an individuality; notably, they have a nationality, a national character. This attribute of nationalit}^ finds visible ex- pression in the right to fly a flag. It has the effect of placing ships under the protection and control of the State to which they belong. It makes tliem amenable to the sovereignty and to the laws of that State and liable to requisition should the occasion arise. Here is the surest test of whether a vessel is really a unit in the merchant 315 marine of a country, and here, therefore, the best test by which to decide wliether her character is neutral or enemy. It is, moreover, preferable to rely exclusively upon this test and to discard all con- siderations connected with the personal status of the owner. The text makes use of the words " the flag which the vessel is entitled to fly ; " that expression means, of course, the flag under which, whether she is actually flying it or not, the vessel is entitled to sail according to the municipal laws which o^overn that right. Article 57 safeguards the provisions respecting transfer to another flag, as to which it is sufficient to refer to articles 55 and 56; a vessel may very well have the right to fly a neutral flag, as far as the law of the country to which she claims to belong is concerned, but may be treated as an enemy vessel by a belligerent, because the transfer in virtue of which she has hoisted the neutral flag is annulled by article 55 or article 5G. Lastly, the question was raised whether a vessel loses her neutral character when she is engaged in a trade which the enemy, prior to the Avar, reserved exclusively for his national vessel; but as has been observed above in connection with the subject of unneutral service, no agreement w^as reached, and the question remains an open one, as the second jjaragraph of article 57 is careful to explain. Art. 58. The neutral or enemy character of goods found on board an enemy vessel is determined by the neutral or enemy character of the owner. Unlike ships, goods have no individuality of their own; their neutral or enemy character is made to depend upon the personal status of their owner. This opinion prevailed after an exhaustive .4udy of difi'erent views, which inclined toward reliance on the country of origin of the goods, the status of the person at whose risk they are, of the consignee, or of the consignor. The test adopted in article 58 appears, moreover, to be in conformity with the terms of the declaration of Paris, as also with those of the convention of The Hague of the 18th October, 1907, relative to the establishment of un international prize court, where the expression " neutral or enemy property " is used. (Arts. 1, 3, 4, 8.) But it can not be concealed that article 58 solves no more than a part of the problem, and that the easier part; it is the neutral or enemy character of the owner which determines the character of the goods, but what is to determine the neutral or enemy character of the owner? On this point nothing is said, because it was found impos- sible to arrive at an agreement. Opinions were divided between domicile and nationality; no useful purpose w'ill be served by repro- ducing here the arguments adduced to support the two positions. It was hoped that a compromise might have been reached on the basis of a clause to the follow ing effect : The neutral or enemy character of goods found on board nn enemy vessel is determined by the neutral or enemy nationality of their owner, or, if he is of no ntitioiiality or of double nationality (i. e., both neutral and enemy), by his domi- cile in a neutral or enemy country; Provided that goods belonging to a limited llal)ility or joint stock company are considered as neutral or enemy according as the company has its head- quarters in a neutral or enemy country. But there was no unanimity. Art. 59. In tlie absence of proof of the neutral character of goods found on board an enemy vessel, they are presumed to be enemy goods. 316 Ai-ticle 59 gives expression to the traditional rule according to \Yhif'h goods fuiuul on board an enemy vessel are, failing proof to the contrary, presumed to be enemy goods; this is merely a simple pre- sumption, which leaves to the claimant the right, but at the same time the onus, of proving his title. Art. (iO. Enemy goods on board an eneuij' vessel retain their enemy character until they reach their destination, notwithstanding any transfer effected after the ontbroak of hostilities while the goods are being forwarded. If. ht)wever. prior to the capture, a former neutral owner exercises, on the bankruptcy of an existing enemy owner, a recognized legal right to recover the goods, they regain their neutral character. This provision contemplates the case where goods which were enemy property at the time of dispatch have been the subject of a sale or transfer during the course of the voyage. The er.se with which enemy goods might secure protection from the exercise of the rrght of capture by means of a sale which is made subject to a reconveyance of the property on arrival has always led to a refusal to recognize such transfers. The enemy character subsists. AMth regard to the moment from which goods must be considered to acquire and retain the enemy character of their owner, the text has been inspired by the same spirit of equity as governed the con- vention of The Hague, relative to the status of merchant vessels on the outbreak of hostilities, and by the same desire to protect mercan- tile operations undertaken in the security of a time of peace. It is only when the transfer takes place after the outbreak of hostilities that it is, so far as the loss of enemy character is concerned, inopera- tive until the arrival of the goods in question. The date which is taken into consideration here is that of the transfer, and not of the departure of the vessel. For, while the vessel which started before tlie war began, and remains, perhaps, unaware of the outbreak of hostilities, may enjoy on this account some degree of exemption, the goods may nevertheless possess enemy character; the enemy owner of these goods is in a position to be aware of the state of war, and it is for that very reason that he is likely to seek to evade its conse- quences. It was, however, thought right to add what is, if not a limitation, at least a complement agreed to be necessary. In a great number of countries an unpaid vendor has, in the event of the bankruptcy of the buyer, a recognized legal right to recover the goods which have already become the property of the buyer but not yet reached him (stoppage in transitu). In such a case the sale is canceled, and, in consequence of the recovery, the vendor obtains the goods again and is not deemed ever to have ceased to be the owner. This right gives to neutral commerce, in the case of a genuine bankruptcy, a ])rotec- tion too valuable to be sacrificed, and the second paragraph of article 60 is intended to preserve it. Chapter VIT. — Convoy. The practice of convoy has, in the past, occasionally given rise to grave difficidties and even to conflict. It is therefore satisfactory to be able to record the agreement which has been reached upon this subject. Art. 01. Neutral vessels under national convoy are exempt from search. The commander of a convoy gives, in writing, at the request of the connnander of a belligerent warship, all information as to the character of the vessels and Uioir cargoes which could l)e obtained by search. 317 Tlie pi-inoiple laid clown is simple; a neutral vessel under the convoy ol' a warship ol' her own nationality is exempt from searcli. The reason for this rule is that the bellif^erent cruiser ou<>ht to be able to find in the assurances of the connnander of the convoy !is good a guarauty as would be a Horded by tiie exercise of the riji^ht of search itself; in fact, she can not call in (juestion the assurances ^iven by the official representative of a neutral government without displaying a lack of international courtesy. If neutral governments allow belliger- ents to search vessels sailing under their flag, it is because they do not wish to be responsible for the suj)ervision of such vessels, and there- fore allow belligerents to protect themselves. The situation is altered when a neutral government consents to undertake that responsibility; the right of search has no longer tlie same importance. But it follows from the explanation of the rule respecting convoy that the neutral government undertakes to afford the belligerents every guarantj' that the vessels convoyed shall not take advantage of the protection accorded to them in order to do anything inconsistent with their neutrality, as, for example, to carry contraband, render unneutral service to the belligerent, or attempt to break blockade. There is need, therefore, that a genuine supervision should be exer- cised from the outset over the vessels which are to be convoyed ; and that supervision must be continued throughout the voyage. The gov- ernment must act with vigilance so as to prevent all abuse of the right of convoy, and must give to the officer who is put in command of a convoy precise instructions to this effect, A belligerent cruiser encounters a convoy; she communicates with the commander of the convoy, who must, at her request, give in writ- ing all relevant information about the vessels under his protection. A written declaration is required, because it prevents all ambiguities and misunderstandings, and because it pledges to a greater extent the responsibility of the commander. The object of such a declaration is to make search unnecessary by the mere fact of giving to the cruiser the information which the search itself would have supplied. Akt. 62. If the commander of the belligerent warship has reason to suspect that the confidence of the commander of the convoy has been abuse(^l. he com- municates his suspicions to him. In such a case it is for the commander of the convoy alone to investigate the matter. lie must record the result of such investigation in a report, of which a copy is handed to the officer of the warship. If, in the opinion of the connnander of the convoy, the facts shown in the report justify the caiiture of one or more vessels, the protection of the convoy must be withdrawn from such vessels. In the majority of cases the cruiser will be satisfied with the decla- ration which the commander of the convoy will have given to her. but she may have serious grounds for believing that the confidence of the commander has been abused, as, for example, that a ship under con- voy of which the iDapers are apparently in order and exhibit nothing suspicious is, in fact, carrying contraband cleverly concealed. The cruiser may, in such a case, communicate her suspicions to the com- mander of the convoy, and an investigation may be considered neces- sary. If so, it will be made by the commander of the convoy, since it is he alone who exercises authority over the vessels placed under his jH-otection. It appeared, nevertheless, that much difficulty might often be avoided if the belligerent were allowed to be present at this investigation; otherwise he might still suspect, if not the good faith, at 318 least the vigilance and perspicacity of the person who conducted the search. But it ^Yas not thought that an obhgation to aUow the ollicer of the cruiser to be present at the investigation should be imposed upon the commander of the convoy. He must act as he thinks best ; if he agrees to the presence of an officer of the cruiser, it will be as an act of courtesy or good policy. He must in every case draw up a report of the investigation and give a copy to the officer of the cruiser. Differences of opinion may occur between the two officers, ])articu- larly in relation to conditional contraband. The character of a port to which a cargo of corn is destined may be disputed. Is it an ordi- nary commercial port, or is it a port which serves as a base of supply for the armed forces? The situation which arises out of the mere fact of the convoy must in such a case be respected. The officer of the cruiser can do no more than make his protest, and the dilliculty must be settled through the diplomatic channel. The situation is altogether different if a vessel under convoy is found beyond the possibility of dispute to be carrying contraband. The vessel has no longer a right to protection, since the condition upon which such protection was granted has not been fulfilled. Be- sides deceiving her own government, she has tried to deceive the belligerent. She must therefore be treated as a neutral merchant vessel encountered in the ordinar}^ way and searched by a belligerent cruiser. She can not complain at being exposed to such rigorous treatment, since there is in her case an aggravation of the offense committed by a carrier of contraband. Chapter VIIL — Resistance to Search. The subject treated in this chapter w^as not mentioned in the pro- gram submitted by the British Government in February, 1908, but it is intimately connected with several of the questions in that pro- gram, and thus attracted the attention of the conference in the course of its deliberations; and it was thought necessary to frame a rule upon it, the drafting of Avhich presented little difficulty, A belligerent cruiser encounters a merchant vessel and summons her to stop in order that she may be searched. The vessel summoned does not stop, but tries to avoid the search by flight. The cruiser nuiy employ force to stop her, and the merchant vessel, if she is damaged or sunk, has no right to complain, seeing that she has failed to comply with an obligation imposed upon her by the law of nations. If the vessel is stopped, and it is shown that it was only in order to escape the inconvenience of being searched that recourse was had to flight, and that beyond this she had done nothing contrary to neutral- ity, she will not be punished for her attempt at flight. If, on the other hand, it is established that the vessel has contraband on board, or that she has in some way or other failed to comply with her duty as a neutral, she will suffer the consequences of her infraction of neutrality, but in this case as in the last, she will not undergo any punishment for her attempt at flight. Expression was given to the contrary view, namely, that a ship should be punished for an ob- vious attempt at flight as much as for forcible resistance. It was suggested that the prospect of having the escaping vessel condemned as good prize would miluence the captain of the cruiser to do his best to spare her. But in the end this view did not prevail. 319 Art. 03. Forcible rosistanee to the k'Kitininte exeroise of the right of stop- page, search, mikI capture involves in ail cases llie condeuuiation of the vessel. The cargo is liable to the same treatment as the cargo of au euemy vessel. Goods belonging to the master or owner of the vessel are treated as enemy goods. The situation is different if forcible resistance is made to any Icf^iti- niato action l)y tlu' cruiser. Tiie vessel commits an act of hostility and must from that moment be treated as an enemy vessel; she Avill therefore be subject to condemnation, althou<^h the search may not have shown that anything contrary to neutrality had been done. So far no difliculty seems to arise. "What must be decided with regard to the cargo? The rule which appeared to be the best is that according to which the cargo will be treated like the car^o on board an enemy vessel. This assimilation involves the following consequences. A neutral vessel which has offered resistance becomes an enemy vessel and the goods on board are presumed to be enemy goods. Neutrals wdio are interested may claim their property, in accordance with article 3 of the declaration of Paris, but enemy goods will be condemned, since the rule that the flag covers the goods can not be adduced, because the captured vessel on board which they are found is considered to be an enemy vessel. It will be noticed that the right to claim the goods is open to all neu- trals, even to those whose nationality is that of the captured ves.sel; it would seem to be an excess of severity to make such persons suffer for the action of the master. There is, however, an exception as regards the goods which belong to the owner of the vessel; it seems natural that he should bear the consequences of the acts of his agent. Plis property on board the vessel is therefore treated as eneni}' goods. A fortiori the same rule applies to the goods belonging to the master. Chapter IX. — Compensation. This chapter is of very general application, inasmuch as the pro- visions which it contains are operative in all the numerous cases in which a cruiser may capture a vessel or goods. Art. 64. If the capture of a vessel or of goods is not upheld by the prize court, or if the prize is released without any judgment being given, the parties inter- ested have the right to compensation, unless there were good reasons for cap- turing the vessel or goods. A cruiser has captured a neutral vessel on the ground, for example, of carriage of contraband or breach of blockade. The prize court releases the vessel, declaring the capture to be void. This decision alone is evidently not enough to indenmify the parties interested for the loss incurred in consequence of the capture, and this loss may have been considerable, since the vessel has been during a period, which may often be a very long one, prevented from engaging in her ordi- nary trade. May these parties claim to be compensated for this in- jury? Reason requires that the affirmative answer should be given, if the injury has been undeserved — that is to say, if the capture was not brought about by some fault of the parties. It may, indeed, hap- pen that there was good reason for the capture, because the master of the vessel searched did not jiroduce evidence which ought in the ordinary course to have been available and which was only furnished at a later stage. In such a case it would be unjust that compensation 320 ?hould be awarded. On the other hand, if the cruiser has really been at fault, if the vessel has been captured when there were iiot o;ood reasons for doinor so, it is just that compensation should be ^rranted. It may also liappen that a vessel which has been captured and taken into a port is released by the action of the executive without the inter- vention of a prize court. Tlie existing practice, under such circum- stances, is not uniform. In some countries the prize court has no jurisdiction, unless there is a question of validating a capture, and can iiot adjudicate on a claim for compensation based upon tlie ground that the capture would have been held unjustifiable; in other coun- tries the prize court would have jurisdiction to entertain a claim of this kind. On this point, therefore, there is a difference which is not altogether equitable, and it is desirable to lay down a rule which will produce the same result in all countries. It is reasonable that every cai)ture effected without good reasons should give to the parties inter- ested a right to compensation without its being necessary to draw any distinction between the cases in which the capture has or has not been followed by a decision of a prize court; and this argument is all the more forcible when the capture may have so little justification that the vessel is released by the action of the executive. A provision in general terms has therefore been adopted, which is capable of cov- ering all cases of capture. It should be observed that in the text no reference is made to the question whether the national tribunals are competent to adjudicate on a claim for compensation. In cases Avhere proceedings are taken against the property captured no doubt upon this point can be enter- tained. In the course of the proceedings taken to determine the validity of a capture the parties interested have the oj^jjortunity of making good their right to compensation, and if the national tribunal does not give them satisfaction they can apply to the international prize court. If, on the other hand, the action of the belligerent has been confined to the capture it is the law of the belligerent captor which decides whether there are tribunals competent to entertain a demand for compensation ; and if so, what are those tribunals ? The international court has not, according to the convention of The Hague, any jurisdiction in such a case. From an international point of view the diplomatic channel is the only one available for making good such a claim, whether the cause for complaint is founded on a decision actually delivered or on the absence of any tribunal having jurisdiction to entertain it. The question was raised as to whether it was necessary to draw a distinction between the direct and the indirect losses suffered by vessel or goods. The best course appeared to be to leave the prize court free to estimate the amount of compensation due, which will vary according to the circumstances and can not be laid down in • advance in rules going into minute details. For the sake of simplicity mention has only been made of the vessel, but what has been said applies, of course, to cargo captured and after- wards released. Innocent goods on board a vessel which has been captured suffer, in the same way, all the inconvenience which attends the capture of the vessel; but if there was good cause for capturing the vessel whether the capture has subsequently been hold to be valid or not, the owners of the cargo have no right to compensation. 321 It is porhnps useful to infHf:i(e certain cases in which the capture of a vessel would b« justified, whatever niight be the ultimate decision of the prize coi\rt Notably, there is the case where some or all of the ship's papers have been thrown overboard, suppressed, or inten- tionally destroyed on the initiative of the master or one of the crew or passenpters. There is in such a case an element which will justify any suspicion and afford an excuse for capturinf? the vessel, subject to the master's ability to account for his action before the prize court. Even if the court should accept the explanation given and should not find any reason for condeuuiation, the parties interested can not hope to recover compensation. An analojrous case would be that in which there were found on board two sets of papers, or false or forced papers, if this irregularity were connected with circumstances calculated to contribute to the capture of the vessel. It appeared sufiiciont that these cases in which there would be a reasonable excuse for the capture should be mentioned in the present report, and should not be made the object of express provisions, since otherwise the mention of these two particular cases might have led t.) the supposition that they were the only cases in which a capture could be justified. Such, then, are the principles of international law to which the naval conference has sought to give recognition as being fitted to regulate in practice the intercourse of nations on certain important questions in regard to which precise rules have hitherto been wanting. The conference has thus taken up the work of codification begun by the declaration of Paris of 1856. It has worked in the same spirit as the second peace conference, and, taking advantage of the labors accomplished at The Hague, it has been able to solve some of the problems which, owing to the lack of time, that conference was com- pelled to leave unsolved. Let us hope that it may be possible to say that those who have drawn up the declaration of London of 1000 are not altogether unworthy of their predecessors of 1856 and 1907. Final Provisions. These provisions have reference to various questions relating to the effect of the declaration, its ratification, its coming into force, its denunciation, and the accession of unrepresented powers. Art. G5. The provisions of the present declaration must be treated as a whole and can not be separated. This article is of great importance and is in conformity with that which was adopted in the declaration of Paris. The rules contained in the present declaration relate to matters of great imj^ortance and great diversity. They have not all l)een ac- cepted with the same degree of eagerness by all the delegations. Concessions have been made on one jioint in consideration of conces- sions obtained on another. The whole, all things considered, has been recognized as satisfactory, and a legitimate expectation would be falsified if one power might make reservations on a rule to which another power attached particular importance. AuT. on. The siRnjitory powers undort.iko to iiism-e the nuitnnl observance of the rules contained in the present declaratiou in any war in which all the bellig- 322 erents are parties thereto. They will therefore issue the necessary instructions to their authorities :ind to their armed forces, and will take such measures as may be required in order to insure that it will be applied by their courts, and more particularly by their prize courts. According to the engagement resulting from this article, the decla- ration applies to the relations between the signatory powers when the belligerents are likewise parties to the declaration. It will be the duty of each jDOwer to take the measures necessar}'' to insure the observance of the declaration. These measures may vary in dill'erent countries and may or may not involve the intervention of the legislature. The matter is one of national legal requirements. It should be observed that neutral powers also may find themselves in a position of having to give instructions to their authorities, nota- bly to the commanders of convoys, as previousl}^ exjDlained. Art. G7. The present declaration shall be ratified as soon as possible. The ratifications shall be deposited in London. The first deposit of i-atifications shall be recorded in a protocol signed by the representatives of the powers taking part therein, and by His Britannic Majesty's principal secretary of state for foreign affairs. The subsequent deposits of ratification shall be made by means of a written notification addressed to the British Government, and accompanied by the in- strument of ratification. A dulj- certified copy of the protocol relating to the first deposit of ratifica- tions, and of the notifications mentioned in the i)receding paragraph as well as of the instruments of ratification which accompany them, shall be immediately sent by the British Government, through the diplomatic channel, to the signa- tory power.s. The snid Government shall, in the cases contemplated in the pre- ceding paragraph, inform them at the same time of the date on which It re- ceived the notification. This provision, of a purely formal character, needs no explanation. The wording adopted at The Hague by the second peace conference has been borrowed. Abt. 68. The present declaration shall take effect, in the case of the powers which were parties to the first deposit of ratifications, sixty days after the date of the protocol recording such deposit, and in the case of the powers which shall ratify subsequently, sixty days after the notification of their ratification shall have been received by the British Government. Art. G9. In the event of one of the signatory powers wishing to denounce the present declaration, such denunciation can only be made to take effect at the end of a period of twelve years beginning sixty days after the first deposit of ratifications, and after that time, at the end of successive [loriods of six years, of which the first will begin at the end of the period of twelve years. Such denunciation must be notified in writing, at least one year in advance, to the British Government, which shall inform all the other powers. It will only operate in respect of the denouncing power. It follows implicitly from article 69 that the declaration is of in- definite duration. The periods after which denunciation is allowed have been fixed on the analogy of the convention for the establish- ment of an international prize court. Art. 70. The powers represented at the London naval conference attach par- ticular importance to the general recognition of the rules which they have adopted, and therefore express the hope that the powers which were not repre- sented there will accede to the present declaration. They request the British Government to invite them to do so. A power which desires to accede shall notify its intention in writing to the British Government, and transmit simultaneously the act of accession, which will be deposited in the archives of the said Government. The said Government shall forthwith transmit to all the other powers a duly certified copy of the notification, together with the act of accession, and com,- 323 muuicate the d;i!e on wlik-li such notification was recelveil. The accession talces effect sixty days after such da to. In respect of all matters concerning this declaration, acceding powers shall be on the same footing as the sigmitory i)o\vers. The declaration of Paris also contained an invitation to the powers which were not represented to accede to the declaration. The oflicial invitation in this case, instead of bein<; made individually by each of the powers represented at the conference, may more conveniently be made by Great Britain acting in the name of all the powers. The procedure for accession is very simple. The fact that the ac- ceding powers are placed on the same footing in every respect as the signatory powers of course involves compliance by the former with article Go. A power can accede only to the whole, but not merely to a part, of the declaration. Art. 71. The present d(>clarntion. which bears the date of the 26th February, 1909, may be signed in London ni) till the 30th June, 1909, by the plenii)oten- tlaries of the powers represented at the na\al conference. As at The Hague, account has been taken of the situation of cer- tain powers the representatives of which may not be in a position to sign the declaration at once, but which desire, nevertheless, to be con- sidered as signatory, and not as acceding, powers. It is scarcely necessary to say that the plenipotentiaries of the powei-s referred to in article 71 are not necessarily those who were, as such, delegates at the naval conference. In faith whei-eof the plenipotentiaries have signed the present declaration and have thereto afhxed their seals. Done at London the twenty-sixth day of February, one thousand nine hundred and nine, in a single original, which shall remain deposited in the ai'chives of the British Government, and of which duly certified copies shall be sent through the diplomatic channel to the powers represented at tlie naval conference. [Translation.] FINAL PROTOCOL OF THE LONDON NAVAL CONFER- ENCE. The London Naval Conference, called together by Ilis Britannic Majesty's Government, assembled at the foreign office on the 4th December, 1908, with the object of laying down the generally recog- nized principles of international law in accordance with Article 7 of the convention signed at The Hague on the 18th October, 1007, for the estblishment of an international prize court. The powers enumerated below took part in this conference, at which they appointed as their representatives the following delegates: Germany: M. Kriege, privy councillor of legation and legal adviser to the department of foreign atfairs, member of the permanent court of arbitration, plenipotentiary delegate; Captain Starke, naval at- tache to the imperial embassy at Paris, naval delegate; M. Goppert, coiuicillor of legation and assistant councillor to tlie department for foreign all'airs, legal delegate; Commander von Billow, second naval delegate. The United States of America: Kear-Admiral Charles H. Stock- ton, plenipotentiary dek'gato; Mr, George Grafton Wilson, professor 70844°— S. Doc. 10G3, G2-3 22 324 at Brown University, lecturer on international law at the Naval War College and at Harvard University, plenipotentiary delegate. Austria-Hungary : His Excellency M. Constantin Theodore Duniba, privy councillor of His Imperial and Ivoyal Apostolic Maje.sty, envoy extraordinary and minister plenipotentiary, plenipotentiary dele- gate; Rear-Admiral Baron Leopold de Jedina-Palombini, naval dele- gate; Baron Alexandre Hold de Ferneck, attache to the ministry of the imperial and royal household and of foreign affairs, professor on the staff of the University of Vienna, assistant delegate. Spain : M. Gabriel Maura y Gamazo, Count de la Mortera, mem- ber of Parliament, plenipotentiary delegate; Capt. R. Estrada, naval delegate. France: M. Louis Renault, minister plenipotentiary, professor at the Faculty of Law at Paris, legal adviser to the ministry of foreign affairs, member of the Institute of France, member of the poi-nianent court of arbitration, plenipotentiary delegate; Rear-Admiral Le Bris, technical delegate; ]\I. H. Fromageot. barrister at the court of appeal in Paris, technical delegate: Count de Manneville, secretary of em- bassy of the first class, delegate. Great Britain: The Earl of Desart. K. C. B., king's proctor, pleni- potentiary delegate; Rear-Admiral Sir Charles Ottlev, K. C. M. G., M. V. O., R. N., delegate; Rear-Admiral Edmond"^ J. W. Slade, M. V. O., R. N., delegate; Mr. Eyre Crowe, C. B., delegate; Mr. Cecil Hurst, C. B., delegate. Italy: M. Guido Fusinato, councillor of state, member of Parlia- ment, ex-minister of public instruction, member of the permanent court of arbitration, plenipotentiary delegate; Capt. Count Giovanni Lovatelli, naval delegate: M. Arturo Ricci-Busatti. councillor of le- gation, head of the legal department of the ministry for foreign affairs, assistant delegate. Japan : Vice-Admiral Baron Toshiatsu Sakamoto, head of the naval education department, plenipotentiary delegate; M. Enjiro Yamaza, councillor of the imperial embassy in London, plenipoten- tiary delegate; Capt. Sojiro Tochinai, naval attache at the imperial embassy in London, naval delegate; M. Tadao Yamakawa, coun- cillor to the imperial ministry of marine, technical delegate; M. Sakutaro Tachi. professor at the Imperial University of Tokyo, tech nical delegate; M. Michikazu Masuda. second secretary at the impe- rial legation at Brussels, technical delegate. Netherlands: Vice-Admiral Jonkheer J. A. Roell. A. D. C., on special service to Her Majesty the Queen, ex-minister of marine, plenipotentiary delegate: Jonkheer L. H. Ruysseanaers, envoy ex- traordinary and minister plenipotentiary, ex-secretary-general of the permanent court of arbitration, plenipotentiary delegate; First Lieut. H. G. Surie, naval delegate. Russia : Baron Taube, doctor of laws, councillor to the imperial ministry of foreign affairs, professor of international law at the University of St. Petersburg, plenipotentiary delegate; Captain Behr, naval attache in London, naval delegate; Colonel of the Ad- miralty Ovtchir.nikow, professor of international law at the naval academy, naval delegate: Baron Noldo. official of the sixth class for special missions attached to the minister for foreign affairs, professor of international law at the Polytechnic Institute of St. Petersburg, 325 technical delegate; M. Linden, head of department at the imperial ministry of trade and commerce, technical delegate. In a series of meetings held from December 4, 1908, to February 26, 1009, the Conference decreed with a view to its submission to the signature of its Plenipotentiaries the Declaration regarding the law of maritime war, the text of which is annexed to the ])resent Protocol. Moreover, the following wish has been adopted by the Delegates of the Powers which have signed or which have expressed the inten- tion of signing The Hague Convention dated October 18, 1907, for the establishment of an International Prize Court: The delegates of the powers represented at the naval conference which have signed or expressed the intention of signing the convention of The Hague of the 18th October, 1007, for the establishment of an international prize court, hav- ing regard to the diiliculties of a constitutional nature which, in some States, stand in the way of the ratification of that convention in its present form, agree to call the attention of their respective Governments to the advantage of concluding an arrangement under which such States would have the power, at the time of depositing their ratifications, to add thereto a reservation to the effect that resort to the international prize court in respect of decisions of their national tribunals shall take the form of a direct claim for compensation, pro- vided always that the effect of this reservation shall not be such as to impair the rights secured under the said convention either to indiriduals or to their governments, and that the terms of the reservation shall form the subject of a subsequent understanding between the powers signatory of that convention. In faith whereof the plenipotentiaries and the delegates represent- ing those plenipotentiaries who have already left London have signed the present protocol. Done at London the twenty-sixth day of February, one thousand nine hundred and nine, in a single original, which shall be deposited in the archives of the British Government and of which duly certi- fied copies shall be sent through the diplomatic channel to the powers represented at the naval conference. For Germany: For the United States of America : For Austria -Hungary: For Spain: For France: For Great Britain: For Italy: For Japan : For the Netherlands: For Russia; Kriege. C. H. Stockton. George Grafton Wilson. C DUMBA. Ramon Estrada, L. Renault. Desart. Giovanni Lovatelli. T. Sakamoto. E. Yamaza. J. A. ROELL. L. H, RUYSSENAERS. F. Behb, 326 CALL OF CONFERENCE BY GREAT BRITAIN. British Embassy, March 27, 1908. The Hon. Eliiiu Root, etc., etc., etc. ' Sir: The draft convention for the establishment of an interna- tional court of appeal in matters of prize which formed annex 12 to the final act of the second peace conference has been under the con- sideration of His Majesty's Government. Article 7 of the convention provides that, in the absence of treaty stipulations applicable to the case, the court is to decide the appeals that come before it in accordance with the rules of international law, or if no f;:enerally recognized rules exist, in accordance with the gen- eral principles of justice and equity. The discussions which took place at The Hague during the recent conference showed that on various questions connected with maritime war divergent views and practices prevailed among the nations of the world. Upon some of these subjects an agreement was reached, but on others it was not found possible, within the period for which the conference assembled, to arrive at an understanding. The impression was gained that the establishment of the international prize court would not meet with general acceptance so long as vagueness and uncertainty exist as to the principles which the court, in dealing with appeals brought before it, would apply to questions of far-reaching importance affecting naval policy and practice. His Majesty's Government therefore propose that another confer- ence should assemble during the autumn of the present year, with the object of arriving at an agreement as to what are the generally rec- ognized principles of international law, within the meaning of para- graph 2 of article 7 of the draft convention, as to those matters wherein the practice of nations has varied and of then formulating the rules which, in the absence of special treaty provisions applicable to a particular case, the court should observe in dealing with appeals brought before it for decision. The rules by which appeals from national prize courts would be decided affect the rights of belligerents in a manner which is far more serious to the principal naval powers than to others, and His Maj- esty's Government are therefore communicating only with the Gov- ernments of Austria-Hungary, France, Germany, Italy, Japan, Rus- sia, Spain, and the United States of America. They would propose that the conference should assemble in October and, if it is agreeable to the Governments of those countries, they would suggest that it should meet in London. The questions upon which His Majesty's Government consider it to be of the greatest importance that an understanding should be reached are those as to which divergent rules and principles have been enforced in the prize courts of different nations. It is therefore suggested that the following questions should constitute the pro- gram of the conference : {a) Contraband, including the circumstances under which particu- lar articles can be considered as contraband; the penalties for their carriage; the immunity of a ship from search Avhon under convo}-; and the rules with regard to compensation where vessels have been seized, but have been found in fact only to be carrying innocent cargo : 327 (h) Blockade, including the questions as to the locality where seiz- ure can be ell'ected, and tlie notice that is necessary before a sliip can be seized ; (c) The doctrine of continuous voyage in respect both of contra- band and of blockade ; {d) The legality of the destruction of neutral vessels prior to their condenuiation by a prize court; (e) The rules as to neutral ships or persons rendering " unneutral service " (" assistance liostile ") ; (/) The legality of tlie conversion of a merclmnt vessel into a warship on the high seas ; (g) The rules as to the transfer of merchant vessels from a bellig- erent to a neutral flag during or in contemphition of hostilities; (h) The question whether the nationality or the dornicile of tht owner should be adopted as the dominant factor in deciding whether property is enemy property. His Majesty's Government are deeply sensible of the great advan- tage which would arise from the estaljlishment of an international prize court, but in view of the serious divergences that the discussion at The Hague brought to light as to many of the above topics after an agreement had practically been reached on the proposals for the crea- tion of such a court, it would be diflicult, if not impossible, for His Majesty's Government to carry the legislation necessary to give effect to the convention unless they could assure both Houses of the British Parliament that some more definite understanding had been reached as to the rules by which the new tribunal should be governed. If the program outlined above is concurred in by the Governments to which it has been submitted, it would be convenient if, on some subsequent date, as for instance the 1st August, the Governments were to interchange memoranda setting out concisely what they regard as the correct rule of international laAv on each of the above points, together with the authorities on which that view is based. This course would greatly facilitate the work of the conference, and materially shorten its labors. My Government instruct me to address a communication in this sense to the United States Government, expressing at the same time the hope that if that Government are favorable to the idea of the conference being held, they will send a delegate furnished with full powers to negotiate and conclude an agreement. I have the honor to be, with the highest consideration, sir, Your most obedient, humble servant, James Bryce. INSTRUCTIONS TO THE AMERICAN DELEGATES TO THE CONFER- ENCE AT LONDON TO FORMULATE RULES TO BE OBSERVED BY THE INTERNATIONAL PRIZE COURT. Messrs. Charles H. Stockton and George G. Wilson. Gentlej[en : You have been appointed delegates plenipotentiaries to represent the United States at the conference to be held at I-,ondon on December 1, 1908, to formulate rules to be observed by the inter- national prize court. 328 Article 7 of the convention relative to the creation of an interna- tional prize court, signed at The Hague, October 18, 1907, provides that— If a question of law to be decided Is covered by a treaty in force between the belligerent captor and a power which is itself or whose subject or citizen Is a party to the proceetliugs, the court is governed by the provisions of the said treaty. In the absence of such provisions, the court shall apply the rules of inter- national law. If no generally recognized rule exists, the court shall give judg- ment in accordance with the general principles of justice and equity. The above provisions apply equally to questions relating to the order and mode of proof. If, in accordance with articles 3, 2, c, the ground of appeal is the violation of an enactment issued by the belligerent captor, the court will enforce the enactment The court may disregard failure to comply with the procedure laid down in the enactments of the belligerent captor, when it is of opinion that the consequences of complying therewith are unjust and inequitable. This article, proposed by the British delegation and adopted by the conference, has proved unsatisfactory to the British Government, which has called a conference of maritime powers in order to deter- mine in advance of the establishment of the court the rules of law to govern its decisions in matters of prize submitted for its determi- nation. The first paragraph of article 7 is clear and explicit, providing, as it does, that the court is to be governed by the provisions of a treaty in force between the litigating nations covering the question of law involved. The first sentence of the second paragraph of the seventh article provides that in the absence of treaties between litigating parties " the court shall apply the rules of international law." If the rules of international law relating to prize were codified and accepted as an authoritative statement of the law of prize, the questions presented to the court for its determination would be decided with reference to a code of laws equally binding upon the signator}^ powers. In as far as the law of prize has been codified the provision in question is clear and definite. The absence of a general agreement upon the rules of international law is recognized in the concluding sentence of the para- graph under consideration, which provides that " if no generally recognized rule exists, the court shall give judgment in accordance with the general principles of justice and equity." This provision of the article has given rise to great discussion and dissatisfaction, because wide divergence of view exists as to the law properly appli- cable in such case. For example, in Anglo-American jurisprudence the laws of contraband and blockade constitute a system recognized generally as the Anglo-American system, whereas the laws of contra- band and blockade definitely understood on the Continent are ap- plied in the continental as distinguished from the Anglo-American sense. As, therefore, it can not be said that there is any general rule regulating the subject, as the partisans of each system judge and determine for themselves each case as it arises, it necessarily follows that the court would be obliged to determine which system is con- sidered as more conformable "with the general principles of justice and equity." 329 In its note of March 27, 1908, inviting a conference, the British Government stated that — The discussions which toolc place at The Hague during the rocont conference showed that on various questions connected with maritime war divergent views and practices prevailed among the nations of the world. Upon some of these subjects an agreement was reached, but on others it was not found possible, within the period for which the conference assembled, to arrive at an under- standing. The impression was gained that the establishment of the inter- national prize court would not meet with general acceptance so long as vague- ness and uncertainty exist as to the principles which the court, in dealing with appeals brought before it, would apply to questions of far-reaching im- portance affecting naval policy and practice. The subjects u])on which an agreement was considered indispensa- ble by the British Government in order to enable the international prize court to perform the high services expected of this establish- ment were the following : (a) Contraband, including the circumstances under which particular articles can be considered as contraband; the penalties for their carriage; the immu- nity of a ship from search when under convoy; and the rules with regard to comi)ensation where vessels have been seized, but have been found in fact only to be carrying innocent cargo. (h) Blockade, including the questions as to the locality where seizure can be effected, and the notice that is necessary before a ship can be seized. (c) The doctrine of continuous voyage in respect both of contraband and of blockade. ((?) The legality of the destruction of neutral vessels prior to their condem- nation by a prize court. (e) The rules as to neutral ships or persons rendering "unneutral service" ("assistance hostile"). (/) The legality of the conversion of a merchant vessel into a warship on the high seas. (fir) The rules as to the transfer of merchant vessels from a belligerent to a neutral flag during or in contemplation of hostilities. (h) The question whether the nationality or the domicile of the owner should be adopted as the dominant factor in deciding whether property is enemy property. The importance attached by the British Government to an agree- ment upon these various subjects enumerated in the program is evi- denced by the fact that it is stated in the British note that " it would be difficult, if not impossible, for His Majesty's Government to carry the legislation necessary to give effect to the convention unless they could assure both Houses ol the British Parliament that some more definite understanding had been rcac^ied as to the rules by which the new tribunal should be governed." In order to facilitate this agreement the British Government sug- gested that the governments invited to the conference " interchange memoraiula setting out concisely what they regarded as the correct rule of international law on each of the above points, together with the authorities on which that view is based." In reply to the request of the British Government that memoranda be exchanged I stated that — The department has given careful consideration to the suggestion that each government invited to the conference prepare and exchange memoranda setting forth its practice in the matters specifically mentioned in the tentative program for the conference submitted in the British embassy's note of March 27. The attitude of the United States is well known to each of the iiarticiitating powers, as is their maritime practice to the delegates appointed by the T'nited States. The delegates to the Second Hague Feace Conference were thus Instructed by the Secretary of State: 330 "As to the framing of a convention relative to the onstoms of maritime warfare, yon are referred to the Naval AVar Code promulgated iu lieneral Orders 5ol vf the Navy Department of June 27. IJXK), wliich lias met wiLb general commendation by naval authorities throughout the civilized world, and which in general expresses the views of the United States, subject to a few specilic amendments suggested iu the volume of international law discussions of the Naval War College of the year liKi3, pages 91 to 97. The order putting this code into force was revoked by the Navy department in T.X»4. not because of any change of views as to the rules which it contained, but because many of those rules, being imposed upon the forces of the United States by the order, would have put our naval forces at a disadvantage as against the forces of other powers, upon whom the rules were not binding. The whole discussion of these rules contained in the volume to which I have referred is connnended to your careful study. " You wil urge upon the i>eace conference the formulation of international rules for war at sea and will offer the Naval War Code of 1900, with the sug- gested changes and such further changes as may be made necessary by other agreements reached at the conference, as a tentative formulation of the rules which should be considered." The attitude of the United States has not changed since the conference, and the relevant portion of the instructions copied for your information are .-is applicable to the maritime conference as they were to the Second Hague Peace Conference. I have the honor, therefore, to transmit herewith copies of the Naval War Code of 1900 and of the volume of International Discussions of the Naval War College of the year 1903, containing the amendments to be made to the Naval War Code of 1900. to serve as a basis of discussion in the conference, subject, of course, to amendment, in lieu of the memoranda proposed to be prepared and exchanged by each power invited to the maritime conference. A like reply was sent in acknowledging the memoranda transmit- ted to the Department of State by Austria-Hungary. Germany, Japan, Netherlands, Eussia, Spain, copies of which you have already received in due course. As you are familiar with the law, practice, and policy of the United States concerning each of the matters mentioned in the tentative program of the British Government, it does not seem neces- sary to furnish you precise instructions on each of the i^oints with which the conference will be called to deal. You are, however, provided with a copy of the instructions to the American delegation to The Hague Conference of 1907, and yoti are directed to guide yourselves in the consideration of any matter discussed at the confer- ence by the general and specific provisions of the instructions relating to maritime warfare and the rights and duties of neutrals. You are accordingly authorized and»instructed to present to the conference, as a basis for discussion, the Naval War Code promulgated in General Orders 551 of the Navy Department of June 27. 1900, as modified by the specific amendments suggested in the volume of International Law Discussions of the Naval War College for the year 1903, pages 91-07, and you will endeavor, in your discretion, to secure as far as possible the adoption in conventional form of their provisions. As the United States has not yet ratified the convention for the establishment of the international prize court, signed at The Hague on October 18, 1907, and as the ratification of the instrument is ren- dered difficult by reason of objections of a constitutional and internal nature not obtaining in other countries, you will be careful not to assume an attitude or position in the discussions of the conference which may seem to commit the United States to the ratification of the convention for the establishment of the court, or to connnit this 331 Government, by an acceptance of the general rules of maritime •war- fare to be forumlated by the conference, to create the international court of ])rize provided for in the convention signed at The Hague on October 18, 1907. While taking an active part in the deliberations of the conference and cooperating with the various powers represented in order to render it a success by securing tlie adoption of a satisfactory code of maritime warfare, you will discuss the questions. presented in the light of general tiieoiy and practice, without specific reference or application to the pro])Osed international prize court. The department is, however, desirous that the international court of prize may be established in general accord with the provisions of the convention concluded at The Hague on October 18. 1907, and in order to facilitate its establishment you will propose to the confer- ence an additional article or protocol for the consideration of and eventual acceptance by the conference, by which each signatory of the convention of October IS, 1907, shall possess the option, in accordance with local legislation, either to submit the general ques- tion of the rightfulness of any capture to the determination of the international prize court or to permit an appeal from the judgment of a national court in a specihc case direct to the international court of prize, as contemplated by the convention of October 18, 1907. In the view of the department the following draft would be not merely satisfactory, but calculated to remove the objections made to the establishment of the international court of prize: xVny signatory of the convention for the establishment of an inter- national court of prize, signed at The Hague on October 18. 1907, may provide in the act of ratification thereof, that, in lieu of sub- jecting the judgments of the courts of such signatory powers to review upon appeal by the international court of prize, any prize case to which such signatory is a party shall be subject to examina- tion de novo upon the question of the captor's liability for an alleged illegal capture, and, in the event that the international court of prize finds liability upon such examination de novo, it shall determine and assess the damages to be paid by the country of the captor to the injured party by reason of the illegal capture. Following the precedents established by international conferences, all your reports and communications to this Government will be made to the Department of State for proper consideration and even- tual preservxition in the archives. Should j'ou be in doubt at any time regardiirg the meaning or elFoct of these instructions, or should you consider at any time that there is occasion for special instruc- tions, you will communicate freely with ihe Department of State by telegi'aph. I am, gentlemen, your obedient servant, Elihu Root. DKrAKTMENT OF StATE, Washincjfon^ Novemher 21^ 1908, 332 REPORT OP THE DELEGATES OF THE UNITED STATES TO THE IXTERyATIOXAL NAVAL CONFERENCE HELD AT LONDON, DECEM- BER 4, 1908, TO FEBRUARY 26, 1909. American Embassy, London, 2d March, 1909. The Hon. Robert Bacon, Secretary of State. Sir: We have the honor to inform you that the international naval conference called at London in October, 1908, and later postponed until December, 1908, assembled at the foreign office in London on December 4. at noon. Sir Edward Grey, secretary of state for foreign affairs, extended welcome to the conference on behalf of Great Britain. The conference then proceeded to organization, electing the Earl of Desart, British plenipotentiary, as president. The following powers were represented in accordance wnth the in- vitation given them: Germany, the United States, xVustria-Hun- gary, Spain, France, Great Britain, Italy, Japan, Holland, and Russia. The conference, after a few plenary meetings, resolved itself into a commission, in order that the topics before it might be considered in a less formal manner. After the topics had received considerable discussion a committee of examination was appointed with a view to reducing the material presented to a definite form for the considera- tion of the commission. After consideration by the commission the subjects would go to the conference in plenary session for final action. The distinguished French jurist. Monsieur L. Renault, head of the French delegation, was elected the chairman of the commission and of the committee of examination and finally rapporteur general. The call of the conference and the rules adopted for its procedure are appended to this report {Exhibits A and B). The British Government, in order to facilitate the work of the conference, called for a memorandum of the view^s of each power as to their practice in matters covered by the subjects named in the call for the conference. The memoranda thus sent was finally translated into French and arranged together in a Red Book in various ways and under several heads with convenient bases of discussion. This book, a copy of which has been duly forwarded to the department, ])roved to be of great value, especially in the earlier days of the conference, in crys- tallizing views and showing points of agreement and variance upon the subjects treated by the conference. The rules, finally formulated by the conference into a declaration relative to the laws of maritime war, number 64 in all. and cover the subjects, arranged by chapters, of Blockade in Time of War, Contra- band of War, Unneutral Service, Destruction of Neutral Prizes, Transfer of Flag, Enemy Character, Convoy, Resistance to Visit and Indemnity. After the completion of the formulation of the rules above men- tioned the conference, considering the difficulties that may arise on account of the constitutional requirements of certain states which might prevent them from becoming parties to The Hague convention for the establishment of the international prize court of appeal, drew up a protocol of closure in which a " voeu " (or wish) was expressed 333 to their several Governments (•ullin to 1804. It avoids vexatious seizure (if neutral vessels — bad enough in the times of small vessels, but intolerable with the great liners of to-day. Chapter III. — Unneutral Service. Certain acts, to which, by forced iuterpietation, the doctrines of colli ral)and or of blockade had at times been extended, are recognized as differing both in natur/? and in penalty from contraband and 336 blockade. Tims much confusion is avoided in time of war upon the sea. Penalty of confiscation of ship for transport of troops and dispatches for the belligerent, and fqr cooperation in assisting the enemy, is provided, and in general, penalties are as foT carriage of contraband. The penalty of confiscation and treatment as an enemy ship is provided for a ship taking direct part in hostilities, under orders of the belligerent, wholly loaded by the enemy government or when exclusively used in transport service of the enemy. The aim of article 48 is to justify the taking of an officer incorpo- rated in the armed forces from a ship without bringing the ship, if it be a large vessel, into port for adjudication, and also to allow the arrest of an officer or officers of higli rank who, in disguise or incog- nito and unknown to the captain of the vessel, are on board of a neu- tral liner. In this case a want of knowledge on the part of the proper authorities of the vessel might readily clear the vessel from any taint and show there was no proper reason for sending in the ship, but the right to take the prisoner seems important. The least objec- tionable action would be to take the enemy officer, but allow the ship to proceed. Chapter IV. — Destruction of Neutral Prizes. This question was considered very fully and frankly by the con- ference. Views at first thought to be widely divergent were found to be similar in many respects. While some proclaimed the right to destroy neutral prizes, no one admitted that this could be done except for grave reasons. While some denied the right to destroy, all were inclined to admit that there might be exceptional circum- stances under which destruction must be permitted. All admitted that in general a neutral prize ought not to be de- stroyed, but should be taken to a prize court; but under exceptional circumstances a vessel otherwise liable to confiscation might be destroyed, though it would be necessary to care for persons and papers on board. Necessity for destruction must be first established, and the further fact that the vessel would in any case be liable to confiscation must also be established, though if the necessity for destruction is not established, the liability of the state of the destroying vessel to pay indemnity is recognized whether or not the neutral vessel is guilty. The owner of neutral merchandise on board w'hich is not liable to confiscation is also entitled to indemnity. Thus restraint commen- surate with the gravity of the act is provided. A belligerent com- mander destroying a neutral vessel puts his government under grave responsibilities, which are here recognized. The conclusion set forth in these rules seems to be in accord with the doctrine of the United States. Chapter V. — Transfer of Flag. The subject of transfer of flag of a ship in consequence of sale in anticipation of or during war was the suDJect of frequent and pro- longed discussion. A private ship of the enemy would be liable to capture in time of war, while the ship of a neutral would be free. It is natural, therefore, that the owners of ships which would be liable 337 to capture in time of war should desire to «void this liability by sellin<)^ the sliips to a neutral and placing them under a free (lag. At the same time a belligerent does not wish to be deprived of the oppor- tunity to attack ships which are really enemy ships, though they may be for the time flying a neutral flag. Thus there arises in time of war the conflict between the right of the neutral to trade with one bellig- erent and the right of the other belligerent to interfere with bellig- erent commerce. It has been decided that commerce in ships in time of war is, in general, not legitimate unless it is bona fide commerce and not under- taken to evade the consequences to which the ship would be liable if it retained the enemy flag. The burden of proof of validity of the transfer is placed on the vendor. In all such cases commerce would be regarded as illegitimate when the transfer is made (1) in transitu or in a blockaded port, (2) with the right of repurchase or return, or (3) contrary to the laws of the flag which it bears. It would also be possible, and to some extent has been the practice, for shipowners anticipating war to make transfers just before the outbreak of war. Such transfers, when made with the view to evad- ing the consequences of the war and not as commercial transactions, are not regarded as legitimate, but the burden of proof rests upon the captor, except when the papers in regard to the transfer, which has been made within 60 days before the outbreak of war, are not on board. In this exceptional case the burden of proof of the validity of the transfer is placed on the vessel, as there is not sufficient evi- dence at hand in the ship's papers to enable the captor to release the ship. It would, however, be an undue interference with commerce if all sales or sales made a long time before the war were liable to be regarded as invalid. It is therefore decided that sales made more than 30 days before the war, even though made with the idea of evading the consequences of a war which might subsequently break out, would be valid unless there is some irregularity in the transfer itself, or unless it is not an actual transfer, evidence of which might be in the fact that the profits and control remain in the same hands as before the sale. There are thus established three periods under which transfer of flag is considered, (1) during war, when burden of proof of the validity of the transfer rests upon the vender; (2) a period of 30 days before the war, during which it is necessary for the captor to prove that the transfer is made to evade the consequences of war; and (3) the period prior to 30 days, when, regardless of whether or not the transfer is made to escape the consequences of war, it is neces- sary for the captor to establish that the transfer itself is irregular, or not in fact a transfer. It is also necessary that in order to have advantages of these provisions, a vessel transferred within GO days before the war shall have the papers relating to the sale on board. These provisions establish much more definite rules, where for- merly there had been great diversity of practice among States, or even diversity in the same State at different periods. Commerce in ships is recognized as legitimate under such restrictions as seem necessary in order to safeguard belligerent rights. 338 The attitude of the American deleiiation is shown in the " Expos6" (Annex 00) appended. The American delegation advocated the adoption of a rule to the following effect : A transfer effected before the outbreak of war is valid if it is absolute, com- plete, bona fide, and conforms to the legislation of the States interested, and if it has for its effect that neither the control of the ship, nor the profits arising from its use, remain longer in the same hands as before the transfer. If the captor can establish that the above conditions have not been fulfilled, the transfer is presumed to have intervened with the intention to evade the consequences of war. and is null. This rule, practically as above, was adopted. The American delegation also advocated the placing of a definite limit to the period during which transfers made before the war could be questioned, and such a provision was finally adopted by the con- ference. Thus the rights of belligerents and of neutrals are defined and safeguarded. -to' Chapter VI. — Enemy Character. The consideration of this topic was intrusted to a " comite juri- dique " consisting of one member from each delegation. The States represented at the conference were found to be equally divided, five favoring the principle of domicile of the proprietor as the crite- rion of character of goods found on an enemy vessel and five favoring nationality. After many meetings, it was found impossible to reach an agreement, and this question was left open, the rule stating that — The neutral or enemy character of merchandise found on board an enemy ship is determined by the neutral or enemy character of its proprietor. What principle should decide the neutral or enemy character of the proprietor is not determined. The other rules in regard to enemy character in the main formu- late existing practice. Chapter VII. — Convoy. Great Britain formerly refused to admit the right of convoy of neutral merchant vessels by neutral ships of war. In a spirit of con- ciliation that Government receded from its former position and admitted the right of convoy. There remained then only the deter- mination of the method of its exercise. The American delegation steadily maintained that as the effect of convoy was in the main to remove the vessels under escort from the belligerent right of visit and search, the convoying officer should assume the responsibility for the vessels under his control. Naturally a war vessel of a bellig- erent approaching a convoy would be entitled to obtain the informa- tion in regard to the vessels under convoy that it would obtain from an actual visit to the vessels if they were not under convoy. The officer in command of the public vessel convoying the merchant ves- sels should be prepared to furnish this information. The comman- der of the vessel of the belligerent may have reason to believe that the convoying officer has been deceived, and in such case may properly request that his suspicions be considered. The convoying officer should investigate, and may if he desires allow an officer from the 339 belligerent vessel to share the investigation, and should inform the commander of the belligerent of the results of his investigation. If the commander of the convoy finds that a vessel to which he has given escort is, in his opinion, violating his good faith, he ought to withdraw his protection. Such a vessel has forfeited its right to protection, and, in justice both to other neutrals and the belligerent, ought to be liable for the consequences. This rule was drawn with view to affording the greatest con- venience and service to neutrals, without depriving belligerents of proper war rights. In spirit it accords with both American doctrine and treaties. Chapter VIII. — Resistance to Visit and Search. A general accord was found in the opinion upon this subject, and the following rule was adopted : Resistance by force to the legitimate exercise of the right of visit, search, or seizure renders the vessels in all cases liable to confiscation. The cargo is liable to the same treatment as the cargo of an enemy ship. The merchandise be- longing to the captain or to the owners of the ship is regarded as enemy mercliandise. Chapter IX. — Indemnity for Seizure. It has been recognized by prize courts that in cases of unjust seizure the vessel seized should receive indemnity for the loss, inconvenience, and delay which it has suffered. It is also recognized that the vessel while innocent may appear to be guilty, and that the captor has a right to demand that the vessel be clearly innocent. This would not be the case if the papers were irregular, if the vessel were far out of its course and near a blockaded port, or otherwise evidently open to suspicion. Such grounds might justify the belligerent in taking the vessel to a prize court, but might. not justify condemnation by the court. That the rights of both belligerents and neutrals might be secured a rule in accord with general practice was formulated to the effect that when the seizure of a ship or merchandise is declared null by the prize court, or if, without being brought to judgment, the seizure of the vessel is not sustained, the persons interested have a right to indemnity unless there have been sufficient reasons for the seizure of ship or merchandise. Conclusion. In closing this report, the American delegation to the International Naval Conference desires to state that the declaration adopted by the conference, defining the relations between belligerents and belliger- ents, and between belligerents and neutrals, will, without interfering with legitimate belligerent or neutral action, remove many of the reasons for international friction and misunderstanding, wJiich until the present time have frequently existed. Ten powers have reached an agreement upon matters which, if left to divergent practice, and solely to national prejudice, would have made some of the earnest hopes of the conferences at The Hague and the desire,'^ often ex- pressed by the United States Government impossible of realization. 76844°— S. Doc. 1063, 62-3 23 340 We desire to recognize the unifonn courtesy and hospitality of the British Government, and we specially desire to express our appre- ciation of the great assistance rendered to us in many ways by the American ambassador in London, and by the various members of the embassy staff. We have the honor to be, sir, Your obedient servants, C. H. Stockton, George Grafton Wilson, Delegates Plenipotentiary to the International Naval Conference. Ellery C. Stowell, Secretary of the Delegation. Exhibit A. — Call of conference hy Great Bi^tain, [Printed ante, p. 326.] Exhibit B. — Rules of procedure. 1. Plenipotentiary and nonplenipotentiary delegates have equally the right of speaking in the discussions of the conference. 2. Secretaries of the delegations may accompany the members of their delegation at all the sessions of the conference. 3. The sessions of the conference are not public. Its deliberations remain strictly confidential. 4. The French language is recognized as the official language for the deliberations and acts of the conference. Speeches delivered in another language are given orally in outline in French. Exhibit C. — Statement of the delegation of the United States of America regarding the " radius of action.'''' The American delegation accepts in principle basis No. 24 with the reservation that the belligerent or the officer in command of the block- ading force shall have the right to fix the length of the radius of action which, according to our desire, should not exceed 1.000 miles. The radius of action or zone of operation should be defined, imme- diately upon the declaration of blockade, by the officer in command of the blockading force, in conformity with article 18. The American delegation does not wish to impose upon belligerents set rules as to the length of radius of action, but simply to ask the right to fix a maximum of 1,000 miles when circumstances so demand. The dele- gation concurs in the remarks of Rear Admiral Le Bris regarding the nature of the radius of action to vary with geographical condi- tions, the propinquity of neutral ports and interests of neutral com- merce, as well as with the force employed. By determining the area of the zone of operation the delegation intends to ask that the force employed be proportionate to the zone. No country has been more steadfast than the United States in its 341 opposition to paper blockades and it holds that trie force charge>d with the duty of enforcing the blockade must be proportionate to the zone affected thereby. The delegation adds, in explanation of the wide expanse of the desired radius of action, that the demand rests on the ground that blockade running is becoming more and more a night operation and that it is difficult to capture a vessel before daybreak after it has put to sea. The final chase and capture take place where, properly speak- ing, the outer line of the blockading force is stationed. The distance of that line varies with the length of night darkness which may reach 16 hours, and the speed of the vessels, which may reach 30 knots. The distance may thus represent a zone of 480 miles, and even more if the inner line be very far from the entrance of the port Exhibit D. — Statement of the delegation of. the United States re- garding the pursuit of ships in cases of hlockade rwnning. As regards article 25, the delegation, while believing that the article could advantageously be combined with article 24 so as to deal with the question of blockade as a whole, accepts the article under the reservation that pursuit is considered as continuous and not aban- doned, in the meaning of the article, even though it should be aban- doned by one line of the blockading force to be resumed after a while by a ship of the second line until the limit of the radius of action shall have been reached. Under certain conditions there may even be several lines, each one with its respective pursuit zones. Exhibit E. The American delegation regrets that it finds it necessary to make a reservation on article 1 of the rules relative to the transfer of the flag. It holds that a rule which reads — The transfer of a hostile vessel to a neutral flag, effected before the opening of hostilities, is valid unless it should be established that the transfer was effected with a view to eluding the consequences that go with the character of a hostile vessel — does not agree with the spirit of the modern ndes concerning war, adopted at The Hague, whose object is — to guarantee the safety of international commerce from the fortunes of war and wishing, in accordance with modern practice, to protect as far as possible transactions entered into in good faith and in progress before the opening of hostilities. Neither does it agree with the principle which would restrict the effects of war to the duration of hostilities. The rule as proposed seems to aim at depriving business men of the legitimate advantages of their foresight. It does not say how long the vessel shall be held in possession before the opening of hostilities whereby ocean commerce, lawful per se, would be protected against the disadvantages of a seizure. It must be granted that a merchant may in time of peace endeavor, by a sale of his property of whatever nature, to protect himself from 342 certain consequences flowing from the opening of hostilities. This may apply to a ship as well as to any other form of property. The proposed rule would have a laoundless retroactive effect. The main object of a rule concerning a transfer of the flag before the opening of hostilities is to preclude transfers that are not bona fide commercial transactions. It seems to the American delegation that this object could be achieved by adopting some rule, as the following: A transfer effected before the besinniug of the war is valid if absolute, com- plete, in good faith, and in accordance with the law of the countries concerned, and if its effect is that neither the disposal of the ship nor the profit derived from its use remains in the same hands as before the transfer. If the captor can prove that the above-mentioned conditions have not been fulfilled, the transfer shall be presumed to have been interposed with the intent of eluding the consequences of war and shall be void. ARGENTINE REPUBLIC. 1909. Naturalization Convention." Signed at Buenos Aires August 9, 1909; ratification advised hy the Senate January 12, 1910. [The text of this convention is taken from the copy printed for the use of the Senate of the United States.] Articles. I. Naturalization recognized. II. Renunciation of naturalization. III. Definition of citizen. IV. Liability for prior offenses. V. DecJaratiou of intention. VI. Effect ; duration ; ratification. The Argentine Republic and the United States of America, led by the wish to regulate the citizenship of those persons who emigrate from the Argentine Republic to the United States of America, and from the United States of America to the Argentine Republic, have resolved to make a Convention on this subject, and have appointed for their Plenipotentiaries, namely: The President of the Argentine Republic, the Secretary of State, Doctor Victorino de la Plaza and the President of the United States of America the Envoy Extraordinary and Minister Plenipotentiary in the Argentine Republic Mr. Charles H. Sherrill who have agreed upon and signed the following articles: Article I. Argentines who may be or shall have been naturalized in the United States of America upon their own application or by their own con- sent, will be considered by the xirgentine Republic as citizens of the United States of America. Reciprocally, citizens of the United States of America who may be or shall have been naturalized in the Argentine Republic upon their own application or by their own con- sent will be considered by the United States of America as citizens of the Argentine Republic. Article II, If a citizen of the Argentine Republic, naturalized in the United States of America, renews his residence in the Argentine Republic, with the intention not to return to the United States of America, he •Not ratified by Argentine Republic. (343) 344 shall be held to have renounced his naturalization in the United States of America ; and, reciprocally, if a citizen of the United States of America, naturalized in the Argentine Republic, renews his resi^' dence in the United States of America, ^ith the intention not to re- turn to the Argentine Republic, he shall be held to have renounced his naturalization in the Argentine Republic. The intention not to return may be held to exist when the person naturalized in one of the two countries resides more than two years in the other; but this presumption may be destroyed by evidence to the contrary. Article III. It is agreed that the word " citizen " as used in this Convention, means a person to whom nationality of the Argentine Republic or tlie United States of America attaches. Article IV. A recognized citizen of the one party, on returning to the territory of the other, remains liable to trial and punishment for an action punishable by the laws of his original country, and committed before his emigration, but not for the emigration itself, saving always the limitation established by the laws of his original country, and any other remission of liability to punishment. Article V. The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of citizenship legally acquired. Article VI. The present Convention shall enter into execution immediately after the exchange of ratifications, and in case either of the two parties should notify the other of its intention to terminate the same, it shall continue in force for one year counting from the date of said notification. The present Convention shall be submitted for the approval and ratification of the Competent Authorities of the contracting parties and the ratifications shall be exchanged at Buenos Aires within twenty-four months from that date. In witness whereof, the representative Plenipotentiaries have signed the articles which precede, in the English and Spanish lan- guages, affixing thereto their seals. Done in duplicate, at the city of Buenos Aires, this ninth day of August 1909. Charles H. Sherrill [seal] V. DE LA Plaza [seal] 1910. Pecuniary Claims Convention Between the United States and Other Powers Represented at the Fourth International Con- gress OF American States." Signed at Buenos Aires August 11, 1910; ratification advised hy the Senate February 1, 1911. [The text of this convention is taken from the copy printed for the use of the Senate of the United States.] First. Claims submitted; decisions. Second. Reference to permanent court of The Hague. Third. Special jurisdiction. Fourth. Effect; duration. Fifth. Denunciation. Sixth. Duration of treaty of Mexico concerning pecuniary claims. Their Excellencies the Presidents of the United States of America, Argentine Republic, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay, and Venezuela ; Being desirous that their respective countries may be represented at the Fourth International American Conference, have sent thereto the following delegates, duly authorized to approve the recommenda- tions, resolutions, conventions, and treaties which may be advanta- geous to the interest of America: United States of America: Henry White, Enoch H. Crowder, I^ewis Nixon, John Bassett Moore, Bernard Moses, Lamar C. Quintero, Paul Samuel Reinsch, David Kinley. Argentine Republic: Antonio Bermejo, Eduardo L. Bidau, Manuel A. Montes de Oca, Epifanio Portela, Carlos Rodriguez Larreta, Carlos Salas, Jose A. Terry, Estanislao S. Zeballos. United States of Brazil: Joaquin Murtinho, Domicio da Gama, Jose L. Almeida Nogueira, Olavo Bilac, Gastao da Cunha, Herculano de Freitas. Republic of Chile: Miguel Cruchaga Tocornal, Emilio Bello Code- cido, Anibal Cruz Diaz, Beltran Mathieu. Republic of Colombia: Roberto Ancizar. Republic of Costa Rica: Alfredo Velio. Republic of Cuba: Carlos Garcia V61ez, Rafael Montoro y Valdes, Gonzalo de Quesada y Arostegui, Antonio Gonzalo Perez, Jose M. Carbonell. Dominican RepvMic: Americo Lugo. Republic of Ecuador: Alejandro Cardenas. Republic of Guatemala: Luis Toledo Herrarte, Manuel Arroyo, Mario Estrada. •Awaiting ratification by other governments. (345) 346 RepuhJic of Tlaiti: Con.-tantin Fouchard. Repuhllc of Honduras: Luis Lazo Arriatja. Mexican United States: Victoriano Salado Alvarez, Luis Perez Verdia, Antonio Ramos Pednieza, Roberto A, Esteva Ruiz. Republic of Nicaragua: Manuel Peres iTlonso. Republic of Panama: Belisario Porra??. Republic of Paraguay : Teodosio Gonzalez, Jose P. Montero. Republic of Peru : Eugenio Larrabure y Uniinue, Carlos Alvarez Cal- aeron. Jose Antonio de Lavalle y Pardo. Republic of Salvador: Federico Mejia, Francisco Martinez Suiirez. Republic of Uruguay: Gonzalo Ramirez. Carlos M. de Pena, Antonio M. Rodriguez, Juan Jose de Amezaga. United States of Venezuela: Manuel Diaz Rodriguez, Cesar Zumeta. \\Tio, after having presented their credentials and the same having been found in due and proper form, have agreed upon the following Convention on Pecuniary Claims: First. The High Contracting Parties agree to submit to arbitra- tion all claims for pecuniary loss or damage which may be presented by their respective citizens and which can not be amicably adjusted through diplomatic channels, when said claims are of sufficient im- portance to warrant the expense of arbitration. The decision shall be rendered in accordance with the principles of international law. Second. The High Contracting Parties agree to submit to the decision of the permanent Court of Arbitration of The Hague all controversies which are the subject matter of the present treaty, unless both parties agree to constitute a special jurisdiction. If a case is submitted to the Permanent Court of The Hague, the High Contracting Parties accept the provisions of the treaty relating to the organization of that arbitral tribunal, to the procedure to be followed, and to the obligation to comply with the sentence. Third. If it shall be agreed to constitute a special jurisdiction, there shall be prescribed m the convention by which this is deter- mined the rules according to which the tribunal shall proceed, which shall have cognizance of the questions involved in the claims referred to in article 1 of the present treaty. Fourth. The present treaty shall come into force immediately after the 31st of December, 1912. when the treaty on pecuniary claims, signed at Mexico on January 31. 1902, and extended by the treaty signed at Rio de Janeiro on August 13, 1906, expires. It shall remain in force indefinitely, as well for the nations which shall then have ratified it as those which shall ratify it subsequently. The ratifications shall be transmitted to the Government of the Argentine Republic, which shall communicate them to the other contracting parties. Fifth. Any of the nations ratifying the present treaty may de- nounce it. on its own part, by giving two years' notice in writing, in advance, of its intention so to do. This notice shall be transmitted to the Government of the Argen- tine Republic and through its intermediation to the other contracting parties. Sixth. The treaty of Mexico shall continue in force after Decem- ber 31, 1912, as to any claims which may, prior to that date, have been submitted to arbitration under its provisions. 347 In witness whereof the pleni-potentiaries and delegates sign this convention and affix to it the seal of the Fourth International Amer- ican Conference. Made and signed in the city of Buenos Aires, on the 11th day of August, in the year 1910, in the Spanish, English, Portuguese, and French languages, and filed in the ministry of foreign aflfairs of the Argentine Republic, in order that certified copies may be taken to be forwarded through the appropriate diplomatic channels to each one of the signatory nations. For the United States of America : Henry White. Enoch H. Crowder. Lewis Nixon. John Bassett Moore, Bernard Moses. Lamar C. Quintero. Paul S. Reinsch. David Kinley. For the Argentine Republic : Antonio Bermejo. Eduardo L. Bidau. Manuel A. Montes de Oca. Epifanio Portela. Carlos Salas. Jose A. Terry. Estanislao S. Zeballos. For the United States of Brazil : Joaquim Murtinho. DoMicio da Gama. Jose L. Almeida Nogueira. Olavo Bilac. Gastao da Cunha. Herculano de Freitas. For the Republic of Chili: Miguel Cruchaga Tocornal. Emiijlo Bello Codecido. Anibal Cruz Diaz. Beltran Mathieu. For the Republic of Colombia : Roberto Ancizar. For the Republic of Costa Rica : Alfredo Volio. For the Republic of Cuba: Carlos Garcia Velez. Rafael Montoro y Valdes. GONZALO DE QuESADA Y ArOSTEGUI. Antonio Gonzalo Perez. Jose M. Carbonell. For the Dominican Republic : Americo Lugo. For the Republic of Ecuador : Alejandro Cardenas. 348 For the Republic of Guatemala : Luis Toledo Herrarte. Manuel Arroyo. Mario Estrada. For the Republic of Haiti: CoNSTANnN FOUCHAKD, For the Republic of Honduras : Luis Lazo Arriaga. For the Mexican United States : ViCTORIANO SaLADO AlVAREZ. Luis Perez Verdia, Antonio Ramos Pedrueza. Roberta A. Esteva Rijiz. For the Republic of Nicaragua : Manuel Perez Alonso. /or the Republic of Panama : Belisario Porras. For the Republic of Paraguay : Teodosio Gonzalez, Jose P. Montero. For the Republic of Peru: Eugenio Larrabure y Unauue. Carlos Alvarez Caldekon. Jose Antonio de Lavalle y Pardo, For the Republic of Salvador : Federico Mejia. Francisco Martinez Suarez. For the Republic of Uruguay : GoNZALO Ramirez. Carlos M. de Pena. Antonio M. Rodriguez. Juan Jose Amezaga. For the United States of Venezuela : Manuel Diaz Rodriguez, CfiSAR ZUMETA. 1910 Convention Concerning Literary and Artistic Copyright, Signed BY the Delegates of the United States and Other Countries Represented at the Fourth International Congress of Ameri- can States." Signed at Buenos Aires August 11^ 1910; ratification advised hy the Senate February 15, 1911. [The text of this convention is taken fi-om the copy printed for the use of the Senate of the United States.] Aeticles. I. Obligation. II. Defiuitlon of " literary and artis- tic worlv." III. Effect of copyright. IV. Privileges. V. In whose favor recognized. VI. Reciprocal rights of authors. VII. Country of origin. VIII. Loss of right to copyright. IX. Translations. X. Addresses and discourse*. XI. Newspapers. XII. Fragments of literary works. XIII. Illicit reproductions. XIV. Fraudulent works liable to se- questration. XV. Rights of individual govern- ments. XVI. Deposit of ratifications. Their Excellencies the Presidents of the United States of America, the Argentine Republic, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay, and Ven- ezuela ; Being desirous that their respective countries may be represented at the Fourth International American Conference, have sent thereto the following delegates duly authorized to approve the recommenda- tion, resolutions, conventions, and treaties, which they might deem advantageous to the interests of America : United States of America: Henry White, Enoch H. Crowder, Lewis Nixon, John Bassett Moore, Bernard Moses, Lamar C. Quintero, Paul Samuel Reinsch, David Kinley. Argentine Revuhlic: Antonio Bermejo, Eduardo L. Bidau, Manuel A. Montes de Oca, Epifanio Portela, Carlos Rodriguez Larreta, Carlos Salas, Jose A. Terry, Estanislao S. Zeballos. Vmted States of Brazil: Joaquin Murtinho. Domicio da Gama, Jose L. Almeida Nogueira, Olavo Bilac, Gustao da Cunha, Herculano de Freitas. RejruUic of Chile: Miguel Cruchaga Tocomal, Emilio Belle Code- cido, Anibal Cruz Diaz, Beltran Mathieu. Republic of Colombia: Roberto Ancizar. "Awaiting ratification by otber governments. (349) 350 Repuhlic of Costa Rica: Alfredo Volio. Republic of Cxiba: Carlos Garcia Velez, Rafael IMontoro y Valdes, Gonzalo de Quesada y Arostegui, Antonio Gonzalo Perez, Jose M. Carbonell. DoTninican Repuhlic: Americo Lugo. Republic of Ecuador: Alejandro Cardenas. Republic of Guatemala: Luis Toledo Herrarte, Manuel Arroyo, Mario Estrada. Republic of Haiti: Constantin Fouchard. Republic of Honduras: Luis Lazo Arriaga. Mexican United States: Victoriano Salado Alvarez, Luis Perez Yerdia, Antonio Ramos Pedrueza, Roberto A. Esteva Ruiz. Republic of Nicaragua: Manuel Perez Alonso. Republic of Panama: Belisario Porras. Republic of Paraguay: Teodosio Gonzalez, Jose P. Montero. Republic of Peru : Eugenio Larrabure y Unanue, Carlos Alvarez Cal- deron, Jose Antonio de Lavalle y Pardo. Republic of Salvador: Federico Mejia, Francisco Martinez Suarez. Republic of Uruguay: Gonzalo Ramirez, Carlos M. de Pena, Antonio M. Rodriguez, Juan Jose Amezaga. United States of Venezuela: Manuel Diaz Rodriguez, Cesar Zumeta. Who, after having presented their credentials and the same having been found in due and proper form, have agreed upon the following convention on literary and artistic copyright. First. The signatory States acknowledge and protect the rights of literary and artistic property in conformity with the stipulations of the present convention. Second. In the expression " literary and artistic works " are in- cluded books, writings, pamphlets of all kinds, whatever may be the subject of which they treat, and whatever the number of their pages; dramatic or dramatico-musical works; choreographic and musical compositions, with or without words; drawings, paintings, sculpture, engravings; photographic works; astronomical or geo- graphical globes; plans, sketches or plaster works relating to geog- raphy, geology or topography, architecture or any other science ; and, finally, all productions that can be published by any means of impres- sion or reproduction. Third. The acknowledgment of a copyright obtained in one state, in conformity with its laws, shall produce its effects of full right, in all the other states, without the necessity of complying with any other formality, provided always there shall appear in the work a statement that indicates the reservation of the property right. Fourth. The copyright of a literary or artistic work, includes for its author or assigns the exclusive power of disposing of the same, of publishing, assigning, translating, or authorizing its translation and reproducing it in any form whether wholly or in part. Fifth. The author of a protected work, except in case of proof to the contrary, shall be considered the person whose name or well known nom de plume is indicated therein ; consequently suit brought by such author or his representative against counterfeiters or viola- tors, shall be admitted by the courts of the si^atory states. Sixth. The authors or their assigns, citizens or domiciled for- eigners, shall enjoy in the signatory countries the rights that the 351 respective laws accord, without those rights beinpf allowed to exceed the term of protection lo Codecido. ANfBAL Cruz Diaz. Beltran Mathieu. For the Republic of Colombia: Roberto Ancizak. For the Republic of Costa Rica : Alfredo Volio, 353 For the Republic of Cuba : Carlos Garcia Velez. Rafael Montoro y Valdes. GONZALO DE QuESADA Y ArOSTEGUI. Antonio Gonzalo Perez. Jose M. Carbonell. For the Dominican Republic: Americo Lugo. For the Republic of Ecuador: Alejandro Cardenas. For the Republic of Guatemala: Luis Toledo ILerrartb. Manuel Arroyo. Mario Estrada. For the Republic of Haiti : CONSTANTIN FoUCHAED. For the Republic of Honduras: Luis Lazo Abbiaga. For the Mexican United States : Victorianio Salado Alvarez. Luis Perez Verdia. Roberto A.. Esteva Ruiz. For ihe Republic of Nicaragua : Manuel Perez Alonso. For the Republic of Panama : Belisario Porras. For the Republic of Faraway : Teodosio Gonzalez. Jose P. Montero. For the Republic of Peru : Eugenio Larraburb y Unauije. Carlos Alvarez Calderon, Jose Antonio de Lavalle y Paiux). For the Republic of Salvjidor: Federico Mejia. Ftianciscxd Martinez Suarez. For the Republic of Uruguay : Gonzalo R.AMrREz. Carlos M. de Pena. Antonio M. Rodriguez. Juan Jose Amezaga. For the United States of Venezuela : Manuel Diaz Rodriguez. Cesar Zumeta. 1910. CoxvENTioN Concerning the Protection of Trade-Marks Signed BY the Delegates Representing the United States and Other Countries Eepresented at the Fourth International Congress OF American States." Signed at Buenos Aires August 20, 1910; ratif,cation advised hy the Senate Fehruary 8, 1911. [The text of this convention is taken from the copy printed for the use of the Senate of the United States.] Abticles. I. Obligation. II. Recognition of registration. III. Effect of deposit as to priority. IV. What shall be considered as trade-mark. V. What can not be adopted as trade-mark. Determination of priority. Incidents of ownership of trade- mark. Unlawful use of trade-mark. IX. Procedure in securing annul- ment of trade-mai-k. X. Protection of commercial names. VI VII. VIII. XI. XII. XIII. XIV. XV. XVI. XVII. XVIII. XIX. Formation of union of Ameri- can States. Duties of international bu- reaus. Places at which trade-marks shall be deposited. Books and accounts of inter- national bureaus. Regulations. Organization. Former treaties superseded. Ratification. Denunciation. Their Excellencies the Presidents of the United States of America, the Argentine Republic. Brazil, Chili, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Mex- ico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay, and Venezuela ; Being desirous that their respective countries may be represented at the Fourth International American Conference, have sent thereto the following delegates, duly authorized to approve the recommenda- tions, resolutions, conventions, and treaties which they might deem advantageous to the interest of America : United States of America: Henry "White, Enoch H. Crowder, Lewis Nixon, John Bassett Moore. Bernard Moses, Lamar C. Quintero, Paul Samuel Reinsch, David Kinley. Argentine Repuhlic: Antonio Bermejo, Eduardo L. Bidau, Manuel A. Montes de Oca, Epifanio Portela, Carlos Rodriguez Larreta, Carlos Salas, Jose A. Terry, Estanislao S. Zeballos. United States of Brazil: Joaquim Murtinho, Dimicio da Gama, Jose L. Almeida Nogueria, Olavo Bilac, Gastao da Cunha, Hercu- lano de Freitas. Republic of Chili: Miguel Cruchaga Tocornal, Emilio Bello Code- cido, Anibal Cruz Diaz, Beltran Mathieu. •Awaiting ratification by other governments. (354) 355 Republic of Golorribia: Roberto Ancizar. RepuhUc of Costa Rica: A4fredo Volio. Republic of Cuba: Carlos Garcia Velez, Rafael Montoro y Valdes, Gonzalo de Quesada y Arostegui, Antonio Gonzalo Perez, Jose M. Carbonell. Dominican Republic: Americo Lugo. Republic of Ecuador: Alejandro Ciirdenas. Republic of Guuternala: Luis Toledo Herrarte, Manuel Ari>oyo, Mario Estrada. Republic of Ilaiti: Constantin Fouchard. Republic of Honduras: Luis Lazo Arriaga. Mexican United States: Victoriano Salado Alvarez, Luis Perez Verdia, Antonio Ramos Pedrueza, Roberto A. Esteva Ruiz. Republic of Nicaragua: Manuel Perez Alonso. Republic of Panama: Belisario Porras. Republic of Paraguay: Teodosio Gonzalez, Jose P. Montero, Republic of Peru: Eugenio Larrabure y Unanue, Carlos Alvarez Calderon, Jose Antonio de Lavalle y Pardo. Republic of Salvador: Federico Mejia, Francisco Martinez Suarez. Republic of Uruguay: Gonzalo Ramirez, Carlos M. de Pena, Anto- nio M. Rodriguez, Juan Jose Amezaga. United States of Venezuela: Manuel Diaz Rodriguez, Cesar Zumeta. Who, after having presented their credentials and the same hav- ing been found in due and proper form, have agreed upon the following Convention for the Protection of Trade-Marks. Article I. The signatory nations enter into this convention for the protec- tion of trade-marks and commercial names. Article II. Any mark duly registered in one of the signatory States shall be considered as registered also in the other States of the union, without prejudice to the rights of third persons and to the provisions of the laws of each State governing the same. In order to enjoy the benefit of the foregoing, the manufacturer or merchant interested in the registry of the mark must pay, in addition to the fees or charges fixed by the laws of the State in which applica- tion for registration is first made, the sum of fifty dollars gold, which sum shall cover all the expenses of both bureaus for the international registration in all the signatory States. Article III. The deposit of a trade-mark in one of the signatory States produces in favor of the depositor a right of priority for the period of six months, so as to enable the depositor to make the deposit in the other States. Therefore the deposit made subsequently and prior to the expira- tion of this period can not be annulled by acts performed in the inter- val, especially by another deposit, by publication, or by the use of the mark. 76844°— S. Doc. 1063. 62-3 24 356 Article IV. The following shall be considered as trade-mark: Any sign, em- blem, or especial name that merchants or manufacturers may adopt or apply to their goods or products in order to distinguish them from those of other manufacturers or merchants who manufacture or deal in articles of the same kind. Article V. The following can not be adopted or used as trade-mark: National, provincial, or municipal flags or coats-of-arms; immoral or scanda- lous figures; distinctive marks which may have been obtained by others or which may give rise to confusion with other marks; the general classification of articles; pictures or names of persons without their permission; and any design which may have been adopted as an emblem by any fraternal or humanitarian association. The foregoing provisions shall be construed without prejudice to the particular provisions of the laws of each State. Article VI. All questions which may arise regarding the priority of the deposit or the adoption of a trade-mark shall be decided with due regard to the date of the deposit in the State in which the first application was made therefor. Article VIL The ownership of a trade-mark includes the right to enjoy the benefits thereof and the right of assignment or transfer in whole or in part of its ownership or its use in accordance with the provisions of the laws of the respective States. Article VIII. The falsification, imitation, or unauthorized use of a trade-mark, as also the false representation as to the origin of a product, shall be prosecuted hy the interested party in accordance with the laws of the State wherein the offense is committed. For the effects of this article, interested parties shall be understood to be any producer, manufacturer, or merchant engaged in the pro- duction, manufacture, or traffic of said product, or in the case of false representation of origin, one doing business in the locality falsely indicated as that of origin, or in the territory which said locality is situated. Article IX. Any person in any of the signatory States shall have the right to petition and obtain in any of the States, through its competent judi- cial authority, the annullment of the registration of a trade-mark, when he shall have made application for the registration of that mark, or of any other mark, calculated to be confused, in such State, with the mark in whose annullment he is interested, upon proving. 357 (a) That the mark the registration whereof he solicits has been employed or used within the country prior to the emjiloyment or use of the mark re^ristered by the person re^^istering it or by the persons from whom he has derived title; (b) That the registrant had Imowledge of the ownership, employ- ment, or use in any of the signatory States of tlie mark of the appli- cant the annullment whereof is sought prior to the use of the regis- tered mark by the registrant or by those from whom he has derived title; (c) That the registrant had no right to the ownership, employ- ment, or use of the registered mark on the date of its deposit; (d) That the registered mark had not been used or employed by <,he registrant or by his assigns within the term fixed by the laws of the State in which the registration shall have been made. Article X. Commercial names shall be protected in all the States of the Union, without deposit or registration, whether the same form part of a trade-mark or not. Article XI. For the purposes indicated in the present convention a union of American Nations is hereby constituted, which shall act through two international bureaux established one in the city of Habana, Cuba, and the other in the city of Rio de Janeiro, Brazil, acting in com- plete accord with each other. Article XII. The international bureaux shall have the following duties: 1. To keep a register of the certificates of ownership of trade- mark issued by any of the signatory States. 2. To collect such reports and data as relate to the protection of intellectual and industrial property and to publish and circulate them among the nations of the union, as well as to furnish them whatever special information they may need upon this subject. 3. To encourage the study and publicity of the questions relating to the protection of intellectual and industrial property; to publish for this purpose one or more official reviews, containing the full texts or digest of all documents forwarded to the bureaux by the authorities of the signatory States. The Governments of said States shall send to the International American Bureaux their official publications which contain the an- nouncements of the registrations of trade-marks, and commercial names, and the grants of patents and privileges as well as the judg- ments rendered by the respective courts concerning the invalidity of trade-marks and patents. 4. To communicate to the Governments of the union any difficul- ties or obstacles that may oppose or delay the effective application of this convention. 5. To aid the Governments of the signatory States in the prepa- rations of international conferences for the study of legislation con- 358 ceming industrial property, and to secure such alterations as it may be proper to propose in the regulations of the union, or in treaties in force to protect industrial property. In case such conferences take place, the directors of the bureaux shall have the right to attend the meetings and there to express their opinions, but not to vote. 6. To present to the Governments of Cuba and of the United States of Brazil, respectively, yearly reports of their labors which shall be communicated at the same time to all the Governments of the other States of the union. 7. To initiate and establish relations with similar bureaus and with the scientific and industrial associations and institutions for the exchange of publications, information, and data conducive to the progress of the protection of industrial property. 8. To investigate cases where trade-marks, designs, and industrial models have failed to obtain the recognition of registration provided for by this convention, on the part of the authorities of any one of the States forming the union, and to communicate the facts and reasons to the Government of the countiy of origin and to interested parties. 9. To cooperate as agents for each one of the Governments of the signatory States before the respective authorities for the better per- formance of any act tending to promote or accomplish the ends of this convention. Article XIII. The bureau established in the city of Habana, Cuba, shall have charge of the registration of trade-marks coming from the United States of America, Mexico, Cuba, Haiti, the Dominican Republic, El Salvador, Honduras, Nicaragua, Costa Rica, Guatemala, and Panama. The bureau established in the city of Rio de Janeiro shall have charge of the registration of trade-marks coming from Brazil, Uru- guay, the Argentine Republic, Paraguay, Bolivia, Chile, Peru, Ecua- dor, Venezuela, and Colombia. Article XIV. The two international bureaus shall be considered as one, and for the purpose of the unification of the registrations it is provided: (a) Both shall have the same books and the same accounts kept under an identical system. (h) Copies shall be reciprocally transmitted weekly from one to the other of all applications, registrations, communications, and other documents affecting the recognition of the rights of owners of trade- marks. Article XV. The international bureaux shall be governed by identical regula- tions, formed with the concurrence of the Governments of the Republic of Cuba and of the United States of Brazil and approved by all the other signatory States. Their budgets, nfter being sanctioned by the said Governments, shall be defrayed by all the signatory States in the same proportion as that established for the International Bureau of the American Republics at Washington, and in this particular they shall be placed under the control of those Governments within whose territories they arc established. 359 The international bureaux may establish such rules of practice and procedure, not inconsistent with the terms of this convention, as they may deem necessary and proper to give effect to its provisions. Akticle XVI. The Governments of the Republic of Cuba and of the United States of Brazil shall proceed with the organization of the Bureaux of the International Union as herein provided, upon the ratification of this convention by at least two-thirds of the nations belonging to each group. The simultaneous establishment of both bureaux shall not be necessary; one only may be established if there be the number of adherent goverimients provided for above. Article XVII. The treaties on trade-marks previously concluded by and between the signatory States, shall be substituted by the present convention from the date of its ratification, as far as the relations between the signatory States are concerned. Article XVIII. The ratifications or adhesion of the American States to the present convention shall be communicated to the Government of the Argen- tine Republic, which shall lay them before the other States of the union. These communications shall take the place of an exchange of ratifications. Article XIX. Any signatory State that may see fit to withdraw from the present convention shall so notify the Government of the Argentine Republic, which shall communicate this fact to the other States of the union, and one year after the receipt of such communication this convention shall cease with regard to the State that shall have withdrawn. In witness whereof the plenipotentiaries and delegates sign this convention and affix to it the seal of the Fourth International Ameri- can Conference. Made and signed in the city of Buenos Aires, on the 20th day of August, in the year 1910, in Spanish, English, Portuguese, and French, and filed in the Ministry of Foreign Affairs of the Argentine Republic in order that certified copies may be made, to be forwarded through appropriate diplomatic channels to each one of the signatory nations. For the United States of America : Henry White. Enoch H. Ceowder. Lewis Nixon. John Bassett Moore. Bernard Moses. Lamar C. Qutntero. Paul S. Reinsch. David Kinley. 360 For the Argentine Republic : Antonio BERivrEJO. Eduardo L. Bidau. JManuel a. Montes de Oca, Epifanio Portela. Carlos Salas. Jose A. Terry. ESTANISLAO S. ZeBALLOS. For the United States of Brazil : JOAQUIM MURTINHO. DOMICIO DA GaMA. Jose L. Alimeida Norgueira. Olavo Bilac. Gastao da Cuxha. Herculano de Freitas. For the Republic of Chile : Miguel Cruchaga Tocornal, Emilio Bello Codecido. Anibal Cruz Diaz. Beltran Mathieu. For the Republic of Colombia : Roberto Ancizar. For the Republic of Costa Rica : Alfredo Volio. For the Republic of Cuba : Carlos Garcia Velez. Rafael ISIontoro y Valdes. GONZALO DE QUESADA Y ArOSTEGUI, Antonio Gonzalo Perez. JosE M. Carbonell. For the Dominican Republic : Amerigo Lugo. For the Republic of Ecuador : Alejandro Cardenas. For the Republic of Guatemala : Luis Toledo Herrarte. Manuel Arroyo. Mario Estrada. For the Republic of Haiti : CONSTANTIN FOUCHARD. For the Republic of Honduras: Luis Lazo Arriaga. For the Mexican United States : Victoriano Salado Alvarez. Luis Perez Verdia. Antonio Ra:mos Pedrueza. Roberto A. Esteva Ruiz. For the Republic of Nicaragua : Manuel Perez Alonso. For the Rex^ublic of Panama : Belisario Porras. 361 For the Republic of Paraguay : Teodosio Gonzauesz, Jose P. Montero. For the Republic of Peru : EuGENio Larrabure y Uxantte. Carlos Alvarez Calderon. Jose Antonio de Lavalle y Pardo. For the Republic of Salvador : Federico Mejia. Francisco Martinez Suarez. For the Republic of Uruguay : Gonzalo Ramirez. Carlos M. de Pena. Antonio M. Rodriguez. Juan Jose Amezaga. For the United States of Venezuela : Manuel Diaz Rodriguez. Cesar Zumeta. 1910. CoxTExnoxs Relatixg to Txvextioxs, Patexts, Desigx'^s, axd In- dustrial Models, Sigxed by the Delegates or the Uxited States axd of the other Couxtries Represexted at the Fourth IXTERXATIOXAL CoNGRESS OF AmERICAX StATES." Signed at Buenos Aires August 20, 1910; ratified hy the Senate February 8, 1911. [The text of this convention is taken from the copy printed for the use of the Senate of the United States.] Abticles. I. Union for protection of patents of invention, designs, and in- dustrial models formed. II. Mutual protection. III. Protection to applicants. IV. Effect of filing applications in several States. v. Priority of patents determined by date of application. VI. Whiat shall be considered as in- ventions. VII. Basis for rejection of patents. VIII. Incidents to ownership. IX. Civil or crimhial liabilities. X. Evidence. XI. Former treaties superseded. XII. Ratification. XIII. Denunciation. Their Excellencies the Presidents of the United States of America, the Argentine Eepublic, Brazil, Chili, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay, and Venezuela : Being desirous that their respective countries may be represented at the Fourth International American Conference, have sent thereto the following delegates, duly authorized to approve the recommen- dations, resolutions, conventions, and treaties which they might deem advantageous to the interests of America. United States of America: Henry ^ATiite. Enoch H. Crowder, Lewis Nixon, John Bassett Moore, Bernard Moses, Lamar C. Quintero, Paul Samuel Reinsch, David Kinley. Argentine Revublic: Antonio Bermejo, Eduardo L. Bidau, Manuel A. Montes de Oco, Epifanio Portela, Carlos Rodriguez Larreta, Carlos Salas, Jose A. Terry, Estanislao S. Zeballos. United States of Brazil: Joaqviw, Murtinho, Domicio da Gama, Jose L. Almeida Nogueira. Olavo Bilac, Gastao da Cunha, Herculano de Freitas. Rep^ihlic of Chili: Miguel Cruchaga Tocornal, Emilio Bello Code- cido, Anibal Cruz Diaz. Beltran Mathieu. Republic of Colombia: Roberto Ancfzar. Republic of Costa Rica: Alfredo Volio. Republic of Cub/ei: Gsrlos Garcia Velez. Rafael Montoro y Valdes, Gonzalo de Quesada y Arostegui, Antonio Gonzalo Perez, Jose M. Carbonell. ^Awaiting ratification by other governments. (362) 363 Dcymini-can Republic: Americo Lugo. Republic of Ecuador: Alejandro Cardenas. Republic of GuateTnala: Luis Toledo Herrarte, Manuel Arroyo, Mario Estrada. Republic of Haiti: Constantin Fouchard. Republic of Honduras: Luis Lazo Arriaga. Mexican United States: Victoriano Salado Alvarez, Luis Perez Verdia, Antonio Ramos Pedrueza, Roberto A. Esteva Ruiz. Republic of Nicaragua: Manuel Perez Alonso. Republic of Panama: Belisario Porras. Republic of Paraguay: Teodosio Gonzalez, Jose P. Montero. Rep-ublic of Peru: Eugenio Larrabure, y Unanue, Carlos Alvarez Calderon, Jose Antonio de Lavalle y Pardo. Republic of Salvador: Federico Mejia, Francisco Martinez Suarez. Republic of Uruguay: Gonzalo Ramirez, Carlos M. de Pena, Antonio M. Rodriguez, Juan Jose Amezaga. United States of Venezuela: Manuel Diaz Rodriguez, Cesar Zumeta. Who, after having presented their credentials, and the same hav- ing been found in due and proper form, have agreed upon the follow- ing convention on inventions, patents, designs, and industrial models. Articee I. The subscribing nations enter into this convention for the protec- tion of patents of invention, designs, and industrial models. Article II. Any persons who shall obtain a patent of invention in any of the signatory States shall enjoy in each of the other States all the advan- tages which the laws relative to patents of invention, designs, and industrial models concede. Consequently, they shall have the right to the same protection and identical legal remedies against any attack upon their rights, provided they comply with the laws of each State. Article III. Any person who shall have regularly deposited an application for a patent of invention or design or industrial model in one of the con- tracting States shall enjoy, for the purposes of making the deposit in the other States and under the reserve of the rights of third parties, a right of priority during a period of twelve months for patents of invention, and of four months for designs or industrial models. In consequence the deposits subsequently made in any other of the signatory States before the expiration of these periods can not be invalidated by acts performed in the interval, especially by other deposits, by the publication of the invention or its working, or by the sale of copies of the design or of the model. Article IV. When, within the terms fixed, a person shall have filed applications in several States for the patent of the same invention, the rights resulting from patents thus applied for shall be independent of each other. 364 They shall also be independent of the rights arising under patents obtained for the same invention in countries not parties to this convention. Article V. Questions which may arise regarding the jmority of patents of invention shall be decided with regard to the date of the application for the respective patents in the countries in which they are granted. Article VI. The following shall be considered as inventions : A new manner of manufacturing industrial products, a new machine or mechanical or manual apparatus which serves for the manufacture of said products, the discovery of a new industrial product, the application of known methods for the purpose of securing better results, and every new, original, and ornamental design or model for an article of manufacture. The foregoing shall be understood without prejudice to the laws of each State. Article VTI. Any of the signatory States may refuse to recognize patents for any of the following causes: {a) Because the inventions or discoveries may have been published in any country prior to the date of the invention by the applicant. (&) Because the inventions have been registered, published, or de- scribed in any country more than one year prior to the date of the application in the country in which the patent is sought. {c) Because the inventions have been in public use, or have been on sale in the country in which the patent has been applied for, one year prior to the date of said application. {d) Because the inventions or discoveries are in some manner con- trary to morals or laws. Article VIII. The ownership of a patent of invention comprises the right to en- joy the benefits thereof, and the right to assign or transfer it in ac- cordance with the laws of the country. Article IX. Persons who incur civil or criminal liabilities, because of injuries or damage to the rights of inventors, shall be prosecuted and pun- ished in accordance with the laws of the countries wherein the offense has been committed or the damage occasioned. Article X. Copies of patents certified in the country of origin, according to the national law thereof, shall be given full faith and credit as evi- dence of the right of priority, except as stated in Article VII. 365 Article XI. The treaties relating to patents of invention, desi^s, or industrial models, previously entered into between the countries subscribing to the prasent convention, shall be superseded by the same from the time of its ratification in so far as the relations between the signatory States are concerned. Article XII. The adhesion of the American Nations to the present convention shall be communicated to the Government of the Argentine Republic in order that it may communicate them to the other States. These communications shall have the effect of an exchange of ratifications. Article XIII. A signatory nation that sees fit to retire from the present conven- tion, shall notify the Government of the Argentine Republic, and one year after the receipt of the communication the force of this conven- tion shall cease, in so far as the nation which shall have withdrawn its adherence is concerned. In witness whereof, the plenipotentiaries have signed the present treaty and affixed thereto the seal of the Fourtli International American Conference. Made and signed in the city of Buenos Aires on the 20th day of August in the year 1910, in Spanish, English, Portuguese, and French, and deposited in the ministry of foreign affairs of the Ar- gentine Republic, in order that certified copies be made for trans- mission to each of the signatory nations through the appropriate diplomatic channels. For the United States of America : Henry White, Enoch H. Crowder. Lewis Nixon. John Bassett Moore. Bernard Moses. Lamar C. Quintero. Paul S. Reinsch. David Kin ley. For the Argentine Republic : Antonio BER^vrEJO. Eduardo L. Bidau. Manuel A. Montes de Oca. Epifanio Portela. Carlos Salas. Jose A. Terry. ESTANISLAO S. ZeBALLOS. For the United States of Brazil: Joaqut:m Murtinho. DoMicio DA Gama. Jose L. Almeida Nogueira. Olavo Bilac. Gastao da Cunha. Herculano de Freitas. 366 For the Eepiiblic of Chile: Miguel Cruchaga TocoRNAii, Emilio Bello Codecido. Anibal Cruz Diaz. Beltrax Mathieu, For the Republic of Colombia: Roberto Ancizar. For the Republic of Costa Rica : Alfredo Volio. For the Republic of Cuba: Carlos Garcia Velez. Rafael Montoro y Valdes. GONZALO DE QUESADA Y AjROSTEGUI. Antonio Gonzalo Perez. Jose M. Carbonell. For the Dominican Republic: Americo Lugo. For the Republic of Ecuador: Alejandro Cardenas. For the Republic of Guatemala: Luis Toledo Herrartb. Manuel Arroyo. Mario Estrada. For the Republic of Haiti: Constantin Fouchard. For the Republic of Honduras: Luis Lazo Arriaga. For the Mexican United States: Victoriano Salado Alvarez. Luis Perez Verdia. Antonio Ramos Pedrueza. Roberto A. Esteva Ruiz. For the Republic of Nicaragua : Manuel Perez Alonso. For the Republic of Panama: Belisario Porras. For the Republic of Paraguay: Teodosio Gonzalez. Jose P. Montero. For the Republic of Peru: Eugenio Larrabure y Unauue. Carlos Alvarez Calderon. Jose Antonio de Lavalle y Pardo. For the Republic of Salvador: Federico Mejia. Francisco Martinez Suarez. For the Republic of Uruguay: GoNZALO Ramirez. Carlos M. de Pena. Antonio M. Rodriguez. Juan Jose Amezaga. For the United States of Venezuela : Manuel Diaz Rodriguez. Cesar Zumeta. I 1911. Industrial Property Convention.* Signed at Washington June ^, 1911 • ratification advised hy the^ Senate February 6, 1912. Convention of the Union of Paris March 20, 1SS3, foe the Protection of Industrial Property." [The text of this convention is taken from the copy printed for the use of the Senate of the United States.] Articles. II. III. IV. V. VI. Union for protection of indus- trial property formed. Mutual protection. Protection of citizens or sub- jects of nonsignatories. Protection to applicants. Introduction by patentee of arti- cles patented in other countries. ^. Registry of trade-mark. VII. Nature of product no obstacle to filing of the mark. VIII. Commercial names protected. IX. Seizure of unlawfully marked goods. X. Articles bearing false place of origin ; competition. XI. Temporary protection to arti- cles at exposition. XII. XIII. XIV. XV. XVI. XVII. XVIII. XIX. XX. Establishment of central of- fice. Establishment of international ofiice. Future conferences. Special arrangements between contracting countries. Adhesion by nonsignator states ; adhesion for colonies by signatory powers. Compliance with formalities and regulations established by constitution and laws: duration ; renunciation. Ratification. Signing. Final protocol. [Translation.] [Revised at Brussels December 14. 1900, and at Washington June 2. 1911.] His Majesty the Emperor of Gemany, King^ of Prussia, in the name of the German Empire; His Majesty the Emperor of Austria. King of Bohemia, etc. and King Apostolic of Hungary for Austria and for Hungary; His Majesty the King of the Belgians; the Presi- dent of the United States of Brazil; the President of the Republic of Cuba; His Majesty the King of Denmark; the President of the Dominican Republic; His Majesty the King of Spain; the President of the United States of America ; the President of the French Repub- lic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Territories beyond the seas, Emperor of India; His Majesty the King of Italy; His Majesty the Emperor •Open until April 1, 1913, for deposit of ratifications. (367) 368 of Japan; the President of the United States of Mexico; His Majesty the King of Xorway ; Her Majesty the Queen of the Xetheriands; the President of the Provisional Government of the Republic of Portu- gal; His Majesty the King of Servia; His Majesty the King of Sweden; the Federal Council of the Swiss Confederation; the Gov- ernment of Tunis. Ha\-ing judged it expedient to make certain modifications and additions to the international Convention of March 20, 1883, con- cerning the creation of an International Union for the Protection of Industrial Property, revised at Brussels December 14, 1900, have named for iheir plenipotentiaries, to-wit: His Majesty the Emperor of Germany, King of Prussia: M. le Dr. llaniel Von Haimhausen, Conseiller de I'Ambassade de S. M. I'Empereur d'Allemagne a AVashington; M. Robolski, Conseiller superieur de Kegence, Conseiller rap- porteur au Department Imperial de I'Interieur; M. le Prof. Dr. Albert Osterrieth; His Majesty the Emperor of Austria, King of Bohemia, etc., and King Apostolic of Hungary: For Austria and for Hungary : S. Exc. M. le Baron Ladislas Hengelmueller de Hengervar, son Conseiller Intime, son Ambassadeur Extraordinaire et Plenipoten- tiaire a Washington. For Austria : S. Exc. M. le Dr. Paul Chevalier Back de Mannagetta et Lerchenau, S. Conseiller intime. Chef de Section au Ministere I, 11. des Travaux et President de I'Office I. R. des Brevets d'invention ; For Hungary: M, Elemer de Pompery, Conseiller ministeriel a I'Office Royal hongrois des Brevets d'invention : His Majesty the King of the Belgians: M. Jules Brunet, Directeur general au Ministere des Affaires etrangers ; M. Georges de Ro, Senateur suppleant, Dclegue de la Belgique aux Conferences pour la protection de la Propriete industrielle de Madrid et de Bruxelles; M. Albert Capitaine, Avocat a la Court d'appel de Liege; The President of the United States of Brazil : M. R. de Lima e Silva, Charge d'Affaires des Iiltats-Unis du Bresil a Washington. The President of the Republic of Cuba : S. Exc. M. Rivero, Envoye extraordinaire et Ministre plenipoten- tiaire de Cuba a Washington. His Majesty the King of Denmark: M. Martin J. C. T. Clan, Consul General du Danemark a New York; The President of the Dominican Republic : S. Exc. M. Emilie C. Joubert, Envoye extraordinaire et Ministre Plenipotentiaire de la Republic Dominicaine a Washington. His Majesty the King of Spain : S. Exc. Don Juan Riafio y Gayangos, S. Envoye extraordinaire et Ministre plenipotentiaire a Washington. S. Exc. Don Juan Florez Posada, Directeur de I'ficole des in- genieurs de Madrid. 369 The President of the United States of America : M. Edward Bruce Moore, Commissioner of Patents; M. Frederick P. Fisli, Avocat a hi Cour supreme des ]5tats-Unia et a la Cour supreme de I'Etat de New York. M. Charles H. Duell, ancien Commissaire des brevets, ancien Juge 51 la Cour d'appel du District de Colombie, Avocat a la Cour supreme des fitats-Unis et a la Cour supreme de I'liltat de New York; M. Robert H, Parkinson, Avocat a la Cour supreme des £tats-Unis et a la Cour supreme de I'fitat de I'lllinois; M. Melville Church, Avocat a la Cour supreme des fitats-Unis; The President of the French Republic: M. Lefevre-Pontalis, Conseiller de I'Ambassade de la Republique frangaise a Washington. M. Georges Breton, Directeur de I'Office national de la Propriete industrielle; M. Michel Pelletier, Avocat a la Cour d'appel de Paris, Delegue aux Conferences pour la protection de la Propriete industrielle de Rome, de Madrid et de Bruxelles ; M. Georges Maillard, Avocat a la Cour d'appel de Paris; His Majesty the King of the United Kingdom of Great Britain, Ireland and the British Territories Beyond the Seas, Emperor of India: M. Alfred Mitchell Innes, Counseiller de I'Ambassade de S. M. Britannique a Washington. Sir Alfred Bateman, K. C. M. G., ancien Comptroller General of Commerce, Labor, and Statistics; M. W. Temple Franks, Comptroller General of Patents, Designs, and Trademarks; His Majesty the King of Italy : Nob. Lazzaro dei Marchesi Negrotto Cambiaso, Conseiller de TAmbassade de S. M. le Roi d'ltalie a Washington; M. Emilio Venezian, Ingenieur, Inspecteur du Ministere de I'Agri- culture, du Commerce et de I'Industrie; M. le Dr. Giovanni Battista Ceccato, Attache commercial a I'Am- bassade de S. M. le Roi d'ltalie a Washington. His Majesty the Emperor of Japan: M. K. Matsui, Conseiller de I'Ambassade de S. M. I'Empereur du Japon a Washington; M. INIorio Nakamatsu, Directeur de I'Office des brevets; The President of the United States of Mexico : M. Jose de las Fuentes. Ingenieur, Directeur de I'Office des brevets ; . His Majesty the King of Norway: M. L. Aubert, Secretaire de la I^egation de S. M. le Roi de Nor- vege a Washington; Her Majesty the Queen of the Netherlands: M. le Dr. F. W. J. G. Snyder van AVissenkerke. Directeur de I'Office de la Propriete industrielle, Conseiller au Ministere de la Justice ; The President of the Provisional Government of the Republic of Portugal : S. Exc. le Vicomte de Alte. Envoye Extraordinaire et Ministre Plenipotentiaire du Portugal a Washington; 370 His Majesty the Kinjr of Servia: His Majesty the King of Sweden: S. Exc. M. le Compte Albert Ehrensviird, Son Envoj^e extraordi- naire et Ministre plenipotentiaire a Washington, The Federal Council of the Swiss Confederation: S. Exc. M. Paul Ritter, Envoye extraordinaire et Ministre pleni- potentiaire de Cuisse a Washington; ;M. W. Kraft, Adjoint du Bureau Federal de la Propriete Intellec- tuelle a Berne; ;M. Henri Martin, Secretaire de la Legation de Suisse a Washing- ton; The President of the French Republic lor Tunis: ]\r. de Peretti de la Rocca. Premier Secretaire de I'Ambassade de la Republique francaise a Washington; Who, after having been given their full respective powers, made in good and due form, have agreed upon the following articles: Article 1. The contracting countries constitute a state of Union for the pro- tection of industrial property. AR'ncLE 2. The subjects or citizens of each of the contracting countries shall enjoy, in all the other countries of the Union, with regard to patents of invention, models of utility, industrial designs or models, trade- marks, trade names, the statements of place of origin, suppression of unfair competition, the advantages which the respective laws now grant or may hereafter grant to the citizens of that country. Con- sequently, they shall have the same protection as the latter and the same legal remedies against any infringements of their rights, pro- vided they comply with the formalities and requirements imposed by the National laws of each State upon its own citizens. Any obli- gation of domicile or of establishment in the country where the pro- tection is claimed shall not be imposed on the members of the Union. Article 3. The subjects or citizens of countries which do not form part of the Union, who are domiciled or own effective and bona fide in- dustrial or commercial establishments in the territory of any of the countries of the Union, shall be assimilated to the subjects or citizens of the contracting countries. Article 4. (a) Any person who shall have duly filed an application for a patent, utility model, industrial design or model, or trademark^ in one of the' contracting countries, or the successor or assignee of such person shall enjoy, for the purpose of filino; application in the other countries, and subject to the rights of third parties, a right of priority during the periods hereinafter specified. 371 (h) Consequent]}', the subsequent filin^^ in one of the other coun- tries of the Union, prior to the expiiiition of sucii periods, sliall not be invalidated by acts performed in the interval, especially, by an- other application, by publication of the invention or the working of the same, by the sale of copies of the design or model, nor by the use of the mark. (c) The periods of priority above referred to shall be twelve months for patejits and models of utility and four months for indus- trial designs and models as also for trademarks! (d) Whoever shall wish to avail himself of the priority of an anterior filing, shall be required to make a declaration showing the date and the country of this filing. Each country shall determine at what moment, at the latest, this declaration must be executed. This information shall l>e mentioned in the publications issued by the competent Administration, particularly on patents and the speci- fications relative thereto. The contracting countries shall require of one who makes a declaration of priority the production of a copy of the application (specification, drawings, etc.) previously filed, cer- tified to be a true copy by the Administration which shall have received it. This copy shall be dispensed from any legalisation. It may be required that it be accompanied by a certificate of the date of filing, issuing from this Administration, and of a translation. Other formalities shall not be required for the declaration of priority at the time of the filing of the application. Each contracting country shall determine the consequences of the omission of the formalities prescribed by the present article, unless these consequences exceed the loss of the right of priority. (e) Later other justifications can be demanded. Abticle 4r|. Patents applied for in the different contracting countries by per- sons admitted to the benefit of the Convention in the terms of arti- cles 2 and 3, shall be independent of the patents obtained for the same invention in the other countries, adherent or not to the Union. This provision shall be understood in an absolute manner, partic- ularly in the sense that the patents applied for during the term of priority are independent, as much from the point of view of the causes of nullity and of forfeiture as from the point of view of the normal duration. It applies to all patents existing at the time of entrance into force. It shall be likewise, in case of accession of new countries, for pat- ents existing on both sides at the time of accession. Article 5. The importation, by the patentee, into the country where the patent has been granted, of articles manufactured in any of the countries of the Union shall not entail forfeiture. However, the patentee shall be obliged to work his patent accord- ing to the laws of the country into Avhich he introduces the patented objects, but with the restriction that the patents shall not be liable to forfeiture because of non-working in one of the countries of the Union until after a term of three years, fi-om the date of the filing 76844°— S. Doc. 1063, 62-3 25 372 of the application in that country, and only in case the patentee shall fail to show sufficient cause for his inaction. Article 6. Every trademark regularly registered in the country of origin shall be admitted to registration and protected as that in the other countries of the Union. However, there may be refused or invalidated : 1. Marks which are of a nature to infringe rights acquired by third parties in the country where protection is claimed. 2. Marks devoid of all distinctive character, or even composed ex- clusively of signs or data which may be used in commerce, to desig- nate the kind, quality, quantity, destination, value, place of origin of the products or the time of production, or become common in the current langruage or the legal and steadv customs of commerce of the country where the protection is claimed. In the estimation of the distinctive character of a mark, all the circumstances existing should be taken into account, particularly the duration of the use of the mark. 3. Marks which are contrary to morals or public order. The country where the applicant has his principal establishment shall be considered as the country of origin. If this principal establishment is not located in one of the coun- tries of the Union, that to which the applicant belongs shall be con- sidered as country of origin. Article 7. The nature of the product on which the trademark is to be applied cannot, in any case, be an obstacle to the filing of the mark. Article 7^. The contracting countries agree to admit for filing and to protect marks belonging to associations the existence of which is not con- trary to the law of the country of origin, even if these associations do not possess an industrial or commercial establishment. Each country shall be judge of the special conditions under which an association may be admitted to have the marks protected. Article 8. Trade names shall be protected in all the countries of the Union without the obligation of filing, whether it be a part or not of a trademark. Article 9. Any product bearing illegally a trademark or a trade name shall be seized at importation in those of the countries of the Union in which this mark or this trade name may have a right to legal protection. If the laws of a country do not admit of seizure on importation, the seizure shall be replaced by prohibiton of importation. 373 The seizure shall be likewise effected in the country where illegal affixing sliall liave been made, or in the country into which the product sliall have been imported. The seizure shall be made at the request of the public ministry, or any other competent authority, or by an interested party, individual or society, in conformity to the interior laws of each counti-y. The authorites shall not be reciuirod to make the sei/.ure in transit. If the laws of a country admit neither of the seizure on importation nor the prohibiton of importation, nor seizure in said country, these measures shall be replaced by the acts and means which the law of such country would assure in like case to its own citizens. Article 10. The provisons of the preceding article shall be applicable to any product bearing falsely, as indication of place of production, the name of a definite locality, when this indication shall be joined to a fictitious or borrowed trade name with an intention to defraud. The interested party is considered any producer, manufacturer or merchant, engaged in the production, manufacture or commerce of such product, and established either in the locality falsely indicated as place of production or in the region where this locality is situated. Article 10^. All the contracting countries agree to assure to the members of the Union an effective protection against unfair competition. Article 11. The contracting countries shall accord, in conformity with their national laws, a temporary protection to patentable inventions, work- ing models, industrial models or designs, as well as to trademarks, for products exhibited at international expositions, official or officially recognized, organized in the territory of one of them. Article 12. Each of the contracting countries agrees to establish a special service for Industrial Property and a central office for the com- munication to the public of patents, working models, industrial models or designs and trademarks. This service shall publish, as often as possible, an official periodical. Article 13. The international Office instituted at Berne under the name of ''Bureau international pour la protection de la Propriete indus- trielle" is placed under the high authority of the Government of the Swiss Confederation, which regulates its organization and super- vises its operation. The international Bureau shall centralize information of any nature relative to the protection of industrial property, and fonn it in a general statistical report which shall be distributed to all 374 Administrations. It shall proceed to considerations of common utility interesting to the Union and shall edit, witli the aid of the documents put at its disposal by the different Administrations, a periodical in the French language on questions concerning the object of the Union. Numbers of this periodical, like all the documents published b}^ the international Bureau, shall be distributed among the Administra- tions of the countries of the Union, in proportion to the number of contributive units mentioned below. Copies and supplementary documents which shall be requested, either by the said Administra- tions, or by societies or individuals, shall be paid for separately. The international Bureau shall hold itself at all times at the disposition of the members of the Union, to furnish them special information of which they may have need, on the questions relative to the international service of industrial property. It shall make an annual report of its management which shall be communicated to all members of the Union. The official language of the international Bureau shall be French. The expense of the international Bureau shall be borne in com- mon by the contracting countries. They may not, in any case, exceed the sum of sixty thousand francs per year. In order to determine the contributive part of each of the coun- tries in this sum total of the expenses, the contracting countries and those which later join the Union shall be divided into six classes, each contributing in proportion to a certain number of units, to-wit: Units. Class 1 25 Class 2 20 Class 3 15 Class 4 10 Class 5 5 Class 6 3 These coefficients shall be multiplied by the number of countries of each class, and the sum of the products thus obtained will furnish the number of units by which tlie total expenses are to be divided. The quotient will give the amount of the unit of expense. Each of the contracting countries shall designate at the time of its accession, the class in which it wishes to be ranked. The Government of the Swiss Confederation shall supervise the expenses of the international Bureau, make necessary advances and draw up annual statements of accounts which shall be communicated to all the other Administrations. Article 14. The present Convention shall be submitted to periodical revisions with a view to introducing improvements in it of a nature to perfect the system of the Union. To this end Conferences of the delegates of the contracting coun- tries shall be hold successively in one of the said countries. The Administration of the country where the Conference is to be held shall prepare, with the concurrence of the international Bureau the works of such Conference. 375 The Director of the international Bureau will assist at the meetings of the Conferences and take part in the discussions without a vote. Article 15. It is understood that the contracting countries reserve to themselves respectively the right to make separately, between themselves, special arrangements for the protection of industrial Property, in so far as these arrangements may not interfere with the provisions of the present Convention. Article 16. The countries which have not taken part in the present Convention shall be pei'mitted to adhere to it upon their request. Notice of adhesion shall be made through diplomatic channels to the Government of the Swiss Confederation, and by the latter to all the others. It shall entail complete adhesion to all the clauses and admission to all the advantages stipulated by the present Convention, and shall take effect one month after the notification made by the Government of the Swiss Confederation to the other unionist countries, unless a later date shall have been indicated by the adhering country. Article 16^. The contracting countries have the right to adhere at any time to the present Convention for their colonies, possessions, dependencies and protectorates, or for certain ones of them. They may, to this end, either make a general declaration by which all their colonies, possessions, dependencies and protectorates are included in the adherence, or exprassly name those included therein, or simply indicate those excluded from it. This declaration shall be made in writing to the Government of the Swiss Confederation and by the latter made to all the others. The contracting countries can, under like conditions, renounce the Convention for their colonies, possessions, dependencies and protec- torates, or for certain ones of them. Article 17. The fulfillment of the reciprocal obligations contained in the pres- ent Convention is subordinated, in so far as need be, to compliance with the formalities and regulations established by the constitutional laws of those of the contracting countries which are bound to secure the application of the same which they engage to do with the least possible delay. Article 17^. The Convention shall remain in force an indefinite time, until the expiration of one year from the day when the renunciation shall be made. This renunciation shall be addressed to the Government of the Swiss Confederation. It shall effect only the country giving such 376 notice, the Convention remaining operative as to the other contracting countries. Article 18. The present Act shall be ratified, and the ratifications filed in Washington, at the latest. April 1. 1913, It shall be put into execu- tion, among the countries which shall have ratified it, one month after the expiration of this period of time. This Act. with its P'inal Protocol, shall replace, in the relations of the countries which shall have ratified it : the Convention of Paris, IMarch 20, 1S83; the Final Protocol annexed to that Act; the Protocol of Madrid, April 15, 1891 relating to the dotation of the interna- tional Bureau, and the additional Act of Brussels, December 14. 1900. However, the Acts cited shall remain binding on the countries which shall not have ratified the present Act. Article 19. The present Act shall be signed in a single copy, which shall be filed in the archives of the Government of the United States. A certified copy shall be sent by the latter to each of the unionist Governments. In Witness 'Whereof, the respective Plenipotentiaries have signed the present Act. Done at Washington, in a single copy, the second day of June, 1911. For Germany: Haniel von ITaimhausen. h. robolski. Albert Osterrieth. For Austria and for Hungary : L. Baron de Hengelimuller, Amhassadeur d? Autriche-Hongrie. For Austria: Dr. Paul Chevalier Beck de Mannagetta et Lerchenau, Chef de Section et President de VOfice I. R. des Brevets d^invention. For Hungary : Elemer de Pomp^ry, Conseiller ministeriel a VOffice Royal hongrois Brevets dHnvention, For Belgium : J. Brunet, Georges de Ro. Capitaine. For Brazil: E. DE Lima e Silva. For Cuba: Antonio Martin Rivero. For Denmark: J. Clan. 377 For the Dominican Republic: E MI LID C. Joimr.RT. For Spain : Juan Riano y Gayangos. J. Florez Posada. For the United States of America : Edward Bruce Moore. Melville Church. Charles H. Duell, RoBT. H. Parkinson. Frederick P. Fisii. For France: For Great Britain; For Italy; For Japan: Pierre Lefevre-Pontalis. G. Breton. IMtchel Pelletier. Georges Maillard. A. Mitchell Innes. A. E. Bateman. W. Te3iple Franks. Lazzaro Xegrotto Cambiaso. Emilio Venezian. G. B. Ceccato. K. Matsui. Morio Nakamatsu. For the United States of Mexico: J. de las Fuentes. For Norway : For the Netherlands: For Portugal: For Servia; For Sweden: For Switzerland: For Tunis: ludwig aubert. Snyder van Wissenkerke. J. F. H. M. DA Franca, Vte. D'Alte. Albert Ehrensvard. P. Ritter. W. Kraft. Henri Martin. E. de Peretti de la Rocca, 378 FINAL PROTOCOL. At the time of proceeding to the signing of the Act concluded on this day, the undersigned Plenipotentiaries are agreed upon tj\e following : Ad Article 1, The words " Propriete industrielle " (Industrial Property) shall be taken in their broadest acceptation; they extend to all production in the domain of agricultural industries (wines, grains, fruits, animals, etc.), and extractives (minerals, mineral waters, etc.). Ad Article 2. (a) Under the name of patents are comprised the different kinds of industrial patents admitted by the laws of the contracting coun- tries, such as patents of importation, patents of improvement, etc., for the processes as well as for the products. (b) It is understood that the provision in Article 2 which dispenses the members of the Union from the obligation of domicile and of establishment has an interpretable character and must, consequently, be applied to all the rights granted by the Convention of ]March 20, 1883, before the entrance into force of the present Act. (c) It is understood that the provisions of Article 2 do not infringe the laws of each of the contracting countries, in regard to the pro- cedure followed before the courts and the competency of those courts, as well as the election of domicile or the declaration of the selection of an attorney required by the laws on patents, working models, marks, etc. Ad Article 4. It is understood that, when an industrial model or design shall have been filed in a country by virtue of the right of priority based on the filing of a working model, the term of priority shall be only that which Article 4 has fixed for industrial models and designs. J 'to' Ad Article 6. It is understood that the provision of the first paragraph of Article 6 does not exclude the right to require of the depositor a certificate of regular registration in the country of origin, issued by competent authority. It is understood that the use of badges, insignia or public decora- tions Avhich sliall not have been authorized by competent powers, or the use of official signs and stamps of control and of guaranty adopted, by a unionist country, may be considered as contrary to IDublic order in the sense of No. 3 of Article G. However, marks, which contain, with the authorization of com- petent powers, the reproduction of badges, decorations or public in- signia, shall not be considered as contrary to public order. It is understood that a mark shall not be considered as contrary to public order for the sole reason that it is not in conformity with 379 some provision of laws on marks, except in the case where such provision itself concerns ])ublic order. The present Final Prortocol, which shall be ratified at the same lime as the Act concluded on this day, shall be considered as forming an integral part of this Act, and .^lall be of like force, value and duration. In AVitness Whereof; the respective Plenipotentiaries have signed the present Protocol, Done at Washington, in a single copy, Jime 2, 1911. Haniel von Haimhausen. H, R0B04.SKI. Albert Osterrieth. L. Baron de Hengelmuller, Dr. Paul Chevalier Beck de Mawnagetta et Lerciienau. Elemer Pompery. J. Brunet. Georges de Ro. Capitaine. R. de Lima e Silva. J. Clan. Juan Riano y Gayangos. J. Florez Posada. Edward Bruce Moore. Melville Church. Charles H. Duell. Frederick P. Fish. Robt. H. Parkinson. Emilio C. Joubert. Pierre Lefi:vre-Pontalis. Michel Pelletier. G. Breton. Georges Maillard. A. Mitchell Innes. A. E. Bateman. W. Temple Franks. Lazzaro Negrotto Cambiaso. Emilio Venezian. G. B. Ceccato. K. Matsui. MoRio Nakamatsu. J. DE LAS FuENTES. Snyder van AVissenkerke. J. F. H. M. DA Franca, Vte. D'Alte. Albert Ehrensvard. P. Ritter. W. Kraft. Henri Martin. E. DE Peretti de la Rocca. LUDAVIG AuBERT. Antonio Martin Rivero. FKAXCE. 1911. Arbitration Con\t:ntion." Signed at 'Washington August 3, 1911; ratification advised hy the Senate March 5, 1912. [The text of this convention is taken from the copy printed for the use of the Senate of the United States.] Articles. I. Differences to be submitted ; s]ie- cial agreeiueut. II. Joint High Commission of In- quiry. III. Duties. IV. Procedure. Y. Time and place of meeting. VI. Arbitration treaty of 1008 super- seded. VII. Duration ; ratification. The United States of America and the French Republic being equally desirous of perpetuatino; the firm, inviolable and universal peace, which has happily existed between the two nations from the earliest days of American independence, and which has been con- firmed and strenofthened by their close relations of friendship and commerce, and there being no important question of difference now outstanding between them, and both nations being resolved that no future difference shall be a cause of hostilities between them or in- terrupt their good relations; The High Contracting Parties have, therefore, determined, in furtherance of this end, to conclude a treaty extending the scope and obligations of the policy of arbitration adopted in their present arbi- tration treaty of February 10, 1908, so as to exclude certain excep- tions contained in that Treaty and to provide means for the peaceful solution of all questions of difference which it shall be found im- possible in future to settle by diplomacy. And for that purpose they have appointed as their respective Plenipotentiaries : The President of the United States of America, the Honorable Philander C. Knox, Secretary of State of the United States; and The President of the French Republic, His Excellency J. J. Jusserand, Ambassador of the French Republic at Washington; Who, duly authorized, have agreed upon the following Articles : Article I. All differences hereafter arising between the High Contracting Parties, which it has not been possible to adjust by diplomacy, •This convention has not been ratified by the President of the United States. (3S0) 381 relating to international matters in which the High Contracting Parties are concerned by virtue of a claim of right made by one against the other under treaty or otherwise, and which are justiciable in their nature by reason of being susceptible of decision by the ap- plication of the principles of law or equity, shall be submitted to the Permanent Court of Arbitration established at The Hague by the Convention of October 18, 1907, or to some other arbitral tri- bunal, as shall [may] be decided in each case by special agreement, which special agreement shall provide for the organization of such tribunal if necessary, define the scope of the powers of the arbitra- tors, the question or questions at issue, and settle the terms of refer- ence and the procedure thereunder. The provisions of Articles 37 to 00, inclusive, of the Convention for the Pacific Settlement of International Disputes concluded at the Second Peace Conference at The Hague on the 18th October, 1907. so far as applicable, and unless they are inconsistent with or modified by the provisions of the special agreement to be concluded in each case, and excepting Articles 58 and 54 of such Convention, shall govern the arbitration proceedings to be taken under this Treaty. The special agreement in each case shall be made on the part of the United States by the President of the United States, by and Avith the advice and consent of the Senate thereof, and on the part of France subject to the procedure required by the constitutional laws of France. Such agreements shall be binding when confirmed by the two Governments by an exchange of notes. Article II. The High Contracting Parties further agree to institute as occasion arises, and as hereinafter provided, a Joint High Commission of Inquiry to which, upon the request of either Party, shall be referred for impartial and conscientious investigation any controversy be- tween the Parties wdthin the scope of Article I, before such contro- versy has been submitted to arbitration, and also any other contro- versy hereafter arising betw^een them even if they are not agreed that it falls within the scope of Article I; provided, however, that such reference may be postponed until the expiration of one year after the date of the formal request therefor, in order to afford an opportunity for diplomatic discussion and adjustment of the ques- tions in controversy, if either Party desires such postponement. Whenever a question or matter of difference is referred to the Joint High Commission of Inquiry, as herein provided, each of the High Contracting Parties shall designate three of its nationals to act as members of the Commission of Inquiry for the purjwses of such reference; or the Commission may be otherwise constituted in any particular case by the terms of reference, the membership of the Commission and the terms of reference to be determined in each case by an exchange of notes. The provisions of Articles 9 to 36, inclusive, of the Convention for the Pacific Settlement of International Disputes concluded at The Hague on the 18th October, 1907, so far as applicable and unless they are inconsistent with the provisions of this Treaty, 382 or are modified bv the terms of reference agreed upon in any par- ticular case, shall govern the organization and procedure of the Commission. Article III. The Joint High Commission of Inquiry, instituted in each case as provided for in Article II, is authorized to examine into and report upon the particular questions or matters referred to it, for the pur- pose of facilitating the solution of disputes by elucidating the facts, and to define the issues presented by such questions, and also to in- clude in its report such recommendations and conclusions as may be appropriate. The reports of the Commission shall not be regarded as decisions of the questions or matters so submitted either on the facts or on the law. and shall in no v,ny have the character of an arbitral award. [It is further agreed, however, that in cases in which the Parties disagree as to whether or not a difference is subject to arbitration under Article I of this Treaty, tliat question shall be submitted to the Joint High Commission of Inquiry; and if all or all but one of the members of the Commission agree and report that such difference is within the scope of Article I, it shall be referred to arbitration in accordance with the provisions of this Treaty.] Article IV. The Commission shall have power to administer oaths to witnesses and take evidence on oath whenever deemed necessary in any pro- ceeding, or inquiry, or matter within its jurisdiction under this Treaty; and the High Contracting Parties agree to adopt such legis- lation as may be appropriate and necessary to give the Commission the powers above mentioned, and to provide for the issue of subpoenas and for compelling the attendance of witnesses in the proceedings before the Commission. On the inquiry both sides must be heard, and each Party is entitled to appoint an Agent, whose duty it shall be to represent his Govern- ment before the Commission and to present to the Commission, either personally or through counsel retained for that purpose, such evidence and arguments as he may deem necessary and appropriate for the information of the Commission. Article V. The Commission shall meet whenever called upon to make an examination and report under the terms of this Treaty, and the Com- mission may fix such times and places for its meetings as may be necessary, subject at all times to special call or direction of the two Governments. Each Commissioner, upon the first joint meeting of the Commission after his appointment, shall, before proceeding with the work of the Commission, make and subscribe a solemn declaration in writing that he will faithfully and impartially perform the duties imposed upon him under this Treaty, and such declaration shall be entered on the records of the proceedings of the Commission. The United States and P>ench sections of the Commission may each appoint a secretary, and these shall act as joint secretaries of the 383 Commission at its joint sessions, and the Commission may employ experts and clerical assistants from time to time as it may deem advisable. The salaries and personal expenses of the Commission and of the agents and counsel and of the secretaries shall be paid by their respective Governments, and all reasonable and necessary joint expenses of the Commission incurretl by it shall be paid in equal moieties by tlie High Contracting Parties. Article VI. This Treaty shall supersede the Arbitration Treaty concluded between the High Contracting Parties on February 10, 1908. Article VII. The present Treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the President of the French Republic, in accordance with the constitutional laws of France. The ratifications shall be exchanged at Washington as soon as possible and the Treaty shall take effect on the date of the exchange of its ratifications. It shall there- after remain in force continuously unless and until terminated by twelve months' written notice given by either High Contracting Party to the other. In faith whereof the respective Plenipotentiaries have signed this Treaty in duplicate in the English and French languages and have hereunto affixed their seals. Done at Washington and Paris this third day of August, one thousand nine hundred and eleven. [seal.] Philander C. Kkox. [seal.] Jusserand. In Executive Session, Senate of the United States. (Legislative day, Maech 5, 1912; calendar day, March 7, 1912.) Resolved {tivo-thirds of the Senators ijresent concurring therein)^ That the Senate advise and consent to the ratification of a treaty signed by the plenipotentiaries of the United States and France on August 3, 1911, extending the scope and obligation of the policy of arbitration adopted in the present arbitration treaty of February 10, 1908, between the two countries, so as to exclude certain exceptions contained in that treaty and to provide means for the peaceful solu- tion of all questions of difference which it shall be found impossible in future to settle by diplomacy, with the following amendments. On page 2, line 39, after the word " tribunal " insert a comma. In the same line strike out the word " may " and insert " shall.*' On page 4 strike out the paragraph commencing on line 22 and ending on line 29. Provided^ That the Senate advises and consents to the ratification of the said treaty with the understanding, to be made part of such 384 ratification, that the treaty does not authorize the submission to arbitration of any question which all'ects the admission of aliens into the United States, or the admission of aliens to the educational insti- tutions of the several States, or the territorial intefrrity of the several States or of the United States, or concernino: the question of the alleged indebtedness or monied obligation of any State of the United States, or any question which depends upon or involves the mainte- nance of the traditional attitude of the United States concerning American (]uestions, commonly described as the Monroe doctrine, or other purely governmental policy. GREAT BRITAIN. 1911. Arbitration Convention." Signed at W ashington August S, 1911; ratification advised hy the Senate March 5, 1912. [The text of this convention is taken from the copy printed for the use of the United States.] I. II. III. Differences to be submitted; spe- IV ci.il agreement. \ Joint High Commission of In- VI quiry. Duties. VII Procedure. Time and plnce of meeting. Arbitration treaty of 1908 super- seded. Duration, ratification. The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, being equally de- sirous of perpetuating the peace, which has happily existed between the two nations, as established in 1814 by the Treaty of Ghent, and has never since been interrupted by an appeal to arms, and which has been confirmed and strengthened in recent years by a number of treaties whereby pending controversies have been adjusted by agree- ment or settled by arbitration or otherwise provided for; so that now for the first time there are no important questions of difference out- standing between them, and being resolved that no future differences shall be a cause of hostilities between them or interrupt their good relations and friendship ; The High Contracting Parties have, therefore, determined, in furtherance of these ends, to conclude a treaty extending the scope and obligations of the policy of arbitration adopted in their present arbitration treaty of April 4, 1908, so as to exclude certain exceptions contained in that treaty and to provide means for the peaceful solution of all questions of difference which it shall be found im- possible in future to settle by diplomacy, and for that purpose they nave appointed as their respective Plenipotentiaries: The President of the United States of America, the Honorable Philander C. Knox, Secretary of State of the United States; and His Britannic Majesty, the Right Honorable James Brj^ce, O. M.. his Ambassador Extraordinary and Plenipotentiary at Wash ington ; •This convention has not been ratified by the President of the United States. (385) 386 "WTio. having communicated to one another their full powers, found in good and due furni, have agreed upon the following articles: Article L All differences hereafter arising between the High Contracting Parties, which it has not been possible to adjust by diplomacy, re- lating to international matters in which the high Contracting Parties are concerned by virtue of a claim of right made by one against the other under treaty or otherwise, and which are justiciable in their nature by reason of being susceptible of decision b^ the application of the principles of law or equity, shall be submitted to the Per- manent Court of Arbitration established at The Hague by the Con- vention of October 18, 1907, or to some other arbitral tribunal, as sTiaU [may] be decided in each case by special agreement, which special agreement shall proxdde for the organization of such tribunal if necessarv, define the scope of the powers of the arbitrators, the question or questions at issue, and settle the tenns of reference and the procedure thereundei". The provisions of xVrticlcs 37 to 90, inclusive, of the Convention for the Pacific Settlement of International Disputes concluded at the Second Peace Conference at The Hague on the 18th October, 1907, so far as applicable, and unless they are inconsistent with or modified by the provisions of the special agreement to be concluded in each case, and excepting Articles 53 and 54 of such Convention, shall govern the arbitration proceedings to be taken under this Treaty. The special agreement in each case shall be made on the part of the United States b}^ the President of the United States, by and with the advice and consent of the Senate thereof, His Majesty's Govern- ment reserving the right before concluding a special agreement in any matter affecting the interests of a self-governing dominion of the British Empire to obtain the concurrence therein of the government of that dominion. Such agreements shall be binding when confirmed by "the two Gov- ernments by an exchange of notes. Article II. The High Contracting Parties further agree to institute as occasion arises, and as hereinafter provided, a Joint High Commission of In- quiry to Avhich, upon the request of either Party, shall be referred for impartial and conscientious investigation any controversy be- tween the Parties within the scope of Article I, before such contro- versy has been submitted to arbitration, and also any other contro- versy hereafter arising between them even if they are not agi'eed that it falls within the scope of Article I; provided, however, that such reference may be postponed until the expiration of one year after thej date of the foniial request therefor, in order to afford an opportunity' for diplomatic discussion and adjustment of the questions in con- troversy, if either Party desires such postponement. Whenever a question or matter of difference is referred to the Joint High Commisison of Inquiry, as herein provided, each of the High Contracting Parties shall designate three of its nationals to act as members of the Commission of Inquiry for the purposes of such 387 reference; or the Commission may be otherwise constituted in any particular case by the terms of reference, the membership of tlie Com- mission and the terms of reference to be determined in each case by an exchange of notes. The provisions of Articles 9 to 36, inclusive, of the Convention for the Pacific Settlement of International Disputes concluded at The Hague on the 18th October, 1907, so far as appli- cable and unless they are inconsistent with the provisions of this Treaty, or are modified by the terms of reference agreed upon in any particular case, shall govern the organization and procedure of the Commission. Article III. The Joint High Commission of Inquiry, instituted in each case as provided for in Article II, is authorized to examine into and report upon the particular questions or matters referred to it, for the purpose of facilitating the solution of disputes by elucidating the tacts, and to define the issues presented by such questions, and also to include in its report such recommendations and conclusions as may be appropriate. The reports of the Commission shall not be regarded as decisions of the questions or matters so submitted either on the facts or on the law and shall in no way have the character of an arbitral award. [It is further agreed, however, that in cases in which the Parties disagree as to whether or not a difference is subject to arbitration under Article I of this Treaty, that question shall be submitted to the Joint High Commission of Inquiry; and if all or all but one of the members of the Commission agree and report that such difference is within the scope of Article I, it shall be referred to arbitration in accordance with the provisions of this Treaty.] Article IV. The Commission shall have power to administer oaths to witnesses and take evidence on oath whenever deemed necessary in any pro- ceeding, or inquiry, or matter within its jurisdiction under this Treaty; and the High Contracting Parties agree to adopt such legis- lation as may be appropriate and necessary to give the Commission the powers above mentioned, and to provide for the issue of sub- poenas and for compelling the attendance of witnesses in the pro- ceedings before the Commission. On the inquiry both sides must be heard, and each Party is entitled to appoint an Agent, whose duty it shall be to represent his Govern- ment before the 'Commission and to present to the Commission, either personally or through counsel retained for that purpose, such evi- dence and arguments as he may deem necessary and appropriate for the information of the Commission. Article V. The Commission shall meet whenever called upon to make an examination and report under the terms of this Treaty, and the Commission may fix such times and places for its meetings as may ho necessary, subject at all times to special call or direction of the two 76S44°— S. Doc. 1063, 62-63 26 388 Governments. Each Commissioner, upon the first joint meetintr of the Commjp-ioii after his appointment, sliall. before ]:)roceedino: with the M-ork of the Commission, malve and subscribe ix solemn declaration in writing that he will faithfully and impartially perform the duties imposed upon him under this Treaty, and such declaration shall be entered on the records of the proceedings of the Commission. The United States and British sections of the Commission may each appoint a secretary, and these shall act as joint secretaries of the Conmiission at its joint sessions, and the Commission may emploj'' experts and clerical assistants from time to time as it may deem advisable. The salaries and personal expenses of the Commission and of the agents and counsel and of the secretaries shall be paid by their respective Governments and all reasonable and necessary joint expenses of the Commission incurred by it shall be paid in equal moieties by the High Contracting Parties. Article VI. Tliis Treaty shall supersede the Arbitration Treaty concluded be- tween the High Contracting Parties on April 4, 1908, but all agree- ments, awards, and proceedings under that Treat}^ shall continue in force and effect and this Treaty shall not af!'ect in any w^ay the pro- visions of the Treaty of January 11, 1900, relating to questions arising between the United States and the Dominion of Canada. Article VII. The present Treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty. The ratifications shall be exchanged at Washington as soon as possible and the Treaty shall take effect on the date of the exchange of its ratifications. It shall thereafter remain in force continuously unless and until terminated by twenty-four months' written notice given by either High Con- tracting Party to the other. In faith whereof the respective Plenipotentiaries have signed this Treaty in duplicate and have hereunto affixed their seals. Done at Washington the third day of August, in the j^ear of our Lord one thousand nine hundred and eleven. [seal.] Philander C. Knox, [seal.] James Bryce. In Executive Session, Senate of the United States. (I^gisJative day, March 5, 1912; calendar day, Makch 7. 1912.) Resolved {two-thirds of the Senators present concui^nng therein)^ That the Senate advise and consent to the ratification of a treatv signed by the plenipotentiaries of the United States and Great Britain on August 3, 1911, extending the scope and obligation of the policy of arbitration adopted in the present arbitration treat}^ of April 4, 1908, between the two countries, so as to exclude certain ex- ceptions contained in that treaty and to provide means for the peace- 389 fill solution of all questions of flifTci'ence which it shall be found im- possible in future to settle by diplomacy, with the following AMENDMENTS. On page 3, line 4, after the word " tribunal " add a comma. In tlie same line strike out " may " and insert in lieu thereof "shall." On page 4 strike out the paragraph commencing on line 28 and ending on line 35. Provided., That the Senate advises and consents to the ratification of the said treaty with the understanding, to be made part of such ratification, that the treaty does not authorize the submission to arbi- tration of any question Avhich affects the admission of aliens into the United States, or the admission of aliens to the educational institu- tions of the several States, or the territorial integrity of the several States or of the United States, or concerning the question of the alleged indebtedness or monied obligation of any State of the United States, or any question which depends upon or involves the mainte- nance of the traditional attitude of the United States concerning ' American questions, commonly described as the Monroe doctrine, or other purely governmental policy. 1913. Tnternattonal Sanitary Convention.* Signed at Paris January 17^ 1912; ratification advised by the Senate February 19, 1913. [The text of this convention is taken from the copy printed for the use of the Senate of the United States.] ARTICLES. Title 1. — Genebal Provisions. chapter i. — rtjles to be observed by the countries signing the convention as soon as plague, cholera, or yellow fever appears in their territory. Section I. — 'Notification and subsequent communications to the other countries. 1. Notification. 2. Contents of. 3. To whom addressed. 4. Governments to be regularly informed as to the progress of epidemic. 5. Importance of. 6. Information service of neighboring countries. Section II. — Conditions which warrant considering a tei-ritorial area as being contaminated or as having become healthy again. 7. Measures prescribed not applicable to single case. 8. Measures prescribed applicable only to arrivals from contaminated areas. 9. Requirements for considering area no longer contaminated. Section III. — Measures in contaminated ports upon the departure of vessels. 10. Embarkation of persons, etc., under what circumstances prevented. chapter n. — MEASURES OF DEFENSE AGAINST CONTAMINATED TERRITORIES. Section I. — Publication of the prescribed measures. 11. Publication and communication of ; revocation or modification of measures. Section II. — Merchandise — Disinfection — Importation and transit — Baggage. 12. Contaminated merchandise defined. 13. Merchnndise, when to be disinfected : when entry is prohibited. 14. Transit of merchandise not prohibited through infected area under cer- tain conditions. 15. Limitation as to time of shipping merchandise from infected area. 16. Mode and place of disinfection determined by authorities of country of destination; damages as result of disinfection determined by each nation. 17. Letters, correspondence, etc., not including parcels, not subject to restric- tion or disinfection; parcels included in case of yellow fever. 18. Merchandise, detention of, prohibited ; measures relative to. 19. Merchandise, owner of, entitled to certificate of disinfection. •JO. Clothing, household goods, etc., when subject to disinfection. •Awaiting ratification by other governments. (390) 391 Section III. — Measures in ports and at maritime frontiers. A. — Classification of vessels. 21. Vessels " infected," '* suspicious," or " uninfected," how determined. B. Measures concerning plague. 22. Ships infected with plague; measures applicable thereto. 23. Vessels suspected of j)lague; measures applicable thereto. 24. Vessels uninfected with plague, pratique granted immediately; measures applicable thereto. 25. Plague-striclven rats on uninfected vessels; measures to be applied to vessel and crew. 26. Recommendation for periodical destruction of rats. C. — Measures concerning cholera. 27. Vessels infected with cholera ; medical inspection, isolation, surveillance, and disinfection. 2S. Vessels suspected of cholera ; measures applicable thereto. 29. Vessels uninfected with cholera to be granted partique; measures appli- cable thereto. D. — Measures concerning the yellow fever. 30. Vessels infected with yellow fever; medical inspection, isolation, and protection from mosquito bites ; surveillance. 31. Vessels suspected of yellow fever subject to six days' surveillance, and measures applicable thereto. 32. Vessels uninfected with yellow fever granted pratique after medical Inspection. 33. Countries to which articles 30 and 31 apply. E. — Provisions common to all three diseases. 34. Rules for applying measures set forth in articles 22 to 33. 35. Special measures, when may be prescribed. 36. Election of vessel to submit to regulations, or put to sea ; how cargo only may be lauded. 37. Conditions under which vessels shall not be subjected to sanitary measures at each succeeding port. 38. Contents of certificate issued by sanitary oflBcer and captain, etc. 39. Contents of certificate issxied by sanitary officer to passengers. 40. Coasting vessels, establishment by mutual agreement of special measures. 41. Privilege of riparian nations to modify by special agreements sanitary measures. 42. Organization and equipment required at one or more ports to be desig- nated. 43. RQcommendation for proper treatment and care of crew and inhabitants of large ports. 44. Sanitary measures of country of departure to be considered in treatment accorded arrivals. Section IV. — Measures on land frontiers — Travelers — Railroads — Frontier zones — River routes. 45. Land quarantines not permitted; detention at frontiers; right to close part of frontiers. 46. Surveillance of passengers by railroad employees. 47. Limitation of medical interference of passengers. 48. Duration of surveillance of p.issengers on arrival from infected localities. 49. Reservation of right to take special measures respecting gypsies, vaga- bonds, and others. 50. Cars not subjected to detention at frontiers; disinfection of. 51. Companies or departments concerned shall determine measures for cross- ing frontiers by railroad and postal employees. S92 52. Contiguous nations shall determine frontier traffic bv special arrange- ments. 53. Riparian nations to regulate sanitary conditions of river routes by special arrangements. Title II.— Spkciai. Provisions Applicable to Orik.ntal and Far Eastern Countries. Sectio:? I. — Measures in ports contaminated upon the departure of vessels. 54. Rxamiuation of persons embarking on vessels. Section II. — Measure.^ icith respect to ordinary vessels hailinff from contami- nated northern ports and appearing at the entrance of the ^'i/er Canal or in Egyptian ports. 55. Uninfected vessels permitted to pass through Suez Canal and continue their route under observation. 56. Uninfected vessels for Egyptian ports may stop at Alexandria or Port Said to complete observation. 57. Sanitary regulations to be applied to such vessels; acceptance of regula- tions by various powers. Section III. — Measures in the Red Sea. A. — Measures with respect to ordinary vessels hailing from the south and appearing in ports of the Red Sea or bound toward the Mediterranean. 5S. Vessels coming from the south and entering Red Sea subject to easuing articles, independent of general provisions. 59. Observation period for uninfected vessels. 60. Suspected vessels; presence of physician and disinfecting apparatus to be considered in treatment of: isolation and disinfection of passengers Egyptian bound. 61. Infected vessels classified : (a) With physician and apparatus. (b) Without physician and apparatus; regulations with reference thereto. B. — Measures with respect to ordinary vessels hailing from the infected ports of Hedjaz during the pilgrimage season. 62. Shall be regarded and treated as suspected vessels. Section IV. — Organi::ation of surveillance and disinfection at Suez and Moses Spring. 63. Medical inspection to be made in daytime, except when vessel is lit by electricity. 64. Number, qualification, and appointment of physicians at Suez station; inadequacy of force to be augmented by surgeons of navies of the several nations. 65. Corps of sanitary guards. 66. Number of guards and manner of appointment. 67. Classification of guards. 6S. Compensation of guards. 69. Authority vested in guards. Section V. — Passage through the Suez Canal in quarantine. 70. Passage through quarantine: how granted. 71. Notification of passage to each power. 72. Penalties for abandonment of route; exceptions. 73. Interrogatories as to stokers and other workmen to be answered by cap- tain under oath. 74. Health officer and guards to accompany vessel and enforce measures. 393 75. Embarkations, landings, and transshipments of passengers or cargo for- bidden during passage. 70. Dofkinj; during i)assage forbidden ; exception. 77. Regulations for conveying troops. 78. ^■ossels forbidden to stop in harbor of Port Said; exception and treat- ment thereunder. 79. Coaling of vessels at Port Said, and regulation thereof. SO. Disinfection of pilots, electricians, and others. 81. Regulations concerning the passage of war vessels. 8:i. Regulations respecting the transit through Egyptian territory of mails and passengers in quarantine trains. Section VI. — Sanitary tiicasures ai>i)Ucahle to the Persian Gulf. 53. Regulations established applicable, subject to certain reservations. Title III. — Provisions speciai.ly applicable to pilgrimages. CHAPTER I. — general PROVISIONS. 54. Persons on pilgrim ships subject to provisions of article 54, Title II. 85. Pilgrims shall not embark when plague or cholera exists in port. 86. Evfdence showing ability to complete pilgrimage reqiiired. 87. Steamships alone permitted lo engage in transportation of pilgrims. 88. Coasting-trade vessels subject to regulations applicable to Hedjaz pil- grimage. 89. "Pilgrim ship" determined by number of pilgrims embarking. 90. Pilgrim ships in Ottoman waters subject to special regulations applicable to Hedjaz pilgrimage. 91. Sanitary taxes from pilgrims payable by captain. 92. Disposition of pilgrims at point of debarkation. 93. Provisions of pilgrims to be destroyed if necessary. CHAPTER II. pilgrim SHIPS — SANITARY ARRANGEMENTS. Section I. — General arrangement o/ vessels. 94. Space required on board ship for each pilgrim. 95. Reservation of place and supply of sea water for needs of pilgrims. 96. Water-closets for use of pilgrims. 97. Arrangements for cooking by pilgrims. 98. Infirmaries and sanitary arrangements for lodging the sick. 99. Free medicines, disinfectants, etc., for pilgrims. 100. Ship required to carry physician. 101. Allowance of food and water and cost of extras to be posted. 102. Baggage of pilgrims shall be registered, etc. 103. Regulations to be posted in various languages. Section II. — Measures to be taken before departure. 104. Intent to embark pilgrims, the day of sailing, and destination of vessel to be declared by captain. 105. Inspection and measurement of vessel. 106. Departure of vessel dependent upon compliance with regulations. 107. Passenger list to be vised by competent autfiority and bill of health required before departure. Section III. — Measures to be taken during the passage. 108. Freedom of deck for use by passengers. 109. Space between decks to be cleaned daily. 110. Cleansing and disinfecting water-closets. 111. Collection of plague or cholera infected excretions and dejections. 112. Disinfection of infected articles of bedding, etc. 113. Disinfection of quarters occupied by patients. 114. Disinfection of pilgrim ship governed by regulations of country of vessel. 394 115. Quantity of drinking water allowed daily. 116. Treatment and disposition of coutaruiuated water. 117. Duties of ship physician in regard to pilgrims. lis. Isolation of persons in charge of plague or cholera patients. 119. Record of death on ship board, and disposition of body. 120. Record of sanitary measures executed. 121. Landings and embarkations during voyage. 122. Bill of health not to be changed, and to be vis§d by health authority at each port. Section IV. — Measures to he taken on the arrival of pilgrims in the Red Sea. A. — Sanitary measures applicable to Mussulman-pilgrim ships hailing from an infected port and bound from the south toward Hedjaz. 122. Inspection of pilgrim ships at Camaran. 123. Nature of inspection required before vessel shall be recognized as unin- fected. 124. Treatment of pilgrims on board suspicious vessels. 125. Treatment of pilgrims on board infected vessels. 126. Equipment and force of sanitary stations. B. — Sanitary measures applicable to Mussulman-pilgrim ships hailing from the south and bound toward Hedjaz. 127. Conditions under which pratique shall be immediately granted. 128. Existence of plague or cholera in port or on board subjects vessel to rules applicable at Camaran. Section V. — Measures to he taken upon the return of pilgrims. 129. All vessels carrying returning pilgrims must submit to sanitary obser- vation at Tor. 130. Quarantine of vessel returning Mussulman pilgrims through canal. 131. Egyptian pilgrims only allowed to leave vessel at Tor. 1.32. Observation of Egyptian pilgrims required. 133. Infected vessels subject to rules adopted at Camaran and to certain special provisions. 134. Egyptian pilgrims subject to additional obsen-ation. 135. Uninfected vessels subject only to rules adopted at Camaran ; additional special provisions. 136. Return of vessel from Suez to Tor if suspicious case is on board. 137. Transshipment of pilgrims in Egyptian ports forbidden. 138. Vessels bound for African shore to be subjected at Souakim to same quarantine procedure as at Tor. 139. Vessels not carrying returning pilgrims granted pratique on inspection at Suez. 140. Rules governing caravans when plague or cholera is known to exist In Hedjaz. 141. Examination and disinfection of caravans when plague or cholera has not been observed in Hedjaz. B. — Pilgrims returning southward. 142. Measures prescribed in articles 10 and 54 applied to pilgrims at ports of embarkation when deemed necessary. Chapter III. — Penalties. 143. For failure to distribute water, provisions, etc. 144. For Infraction of article 101. 145. For conmiitting fraud concerning list of pilgrims or bill of health. 146. For arrival without bill of health or without vis^. 147. For carrying more than 100 pilgrims without physician. 395 148. For carrying more pilgrims than authorized. 149. For landing pilsriiiis at place otlicr than destination. 150. For all otlier infractions of provisions relative to pilgrims. 151. Keport and delivery to proper autliority of violations proven. 152. For failure of agents to assist in executing provisions of convention. Title IV.^Surveillange and Execution. I. — Sanitary, maritime, and quarantine board of Egypt. 153. Confirmation of decrees and decision of Khedive. 154. Exjiense incurred by increase of personnel to be paid by Egyptian Gov- ernment. 155. Revision of regulations in force to conform to convention, and accept- ance by other powers. II. — International health hoard of Tangier. 156. Necessity for enforcing provision of sanitary convention in Morocco. III. — Miscellaneous provisions. 157. Limitation of the use of sanitary taxes and fines. 158. Instructions to captains of vessels with regard to plague, cholera, and yellow fever. Title V. — ^Ajjhesions and Ratifications. 159. Nonsiguatory powers. 160. Ratification. [Translation.] His Majesty the Emperor of Germany, King of Prussia, in the name of the German Empire; the President of the United States of America; the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia, etc., etc., and Apostolical King of Hungary; His Majesty the King of the Belgians; the President of the Republic of Bolivia ; the President of the Republic of the United States of Brazil; His Majesty the King of the Bul- garians; the President of the Republic of Chile; the President of the Republic of Colombia; the President of the Republic of Costa Rica; the President of the Republic of Cuba; His Majesty the King of Den- mark; the President of the Republic of Ecuador; His Majesty the King of Spain ; the President of the French Republic ; His Majesty the King of the United Kingdom of Great Britain and Ireland and the British Territories beyond the Seas, Emperor of India ; His Majesty the King of the Hellenes; the President of the Republic of Guatemala ; the President of the Republic of Haiti ; the President of the Republic of Honduras ; His Majesty the King of Italy ; His Royal Highness the Grand Duke of Luxemburg; the President of the United Mexican States; His Majesty the King of Montenegro; His Majesty the King of Norway ; the President of the Republic of Panama ; Her Majesty the Queen of the Netherlands; His Majesty the Shah of Persia; the President of the Portuguese Republic; His ISIajesty the King of Rumania; His Majesty the Emperor of all the Russias; the President of the Republic of Salvador; His Majestj^ the King of Servia; His 'Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the 396 Ottomans; His Highness the Kheilive of Egj'pt, acting within tlie limits of the po\Yers conferred upon liim by the Imperial firmans, and the President of the Oriental Republic of Uruguay, Having decided to make such modifications in the provisions of the Sanitary Convention signed at Paris on December 3, 1903, as are warranted by the new data of prophylactic science and experience, to enact new international regulations in regard to j-ellow fever, and to extend as far as possible the field of application of the principles underlying the international sanitary regulations, have appointed as their Plenipotentiaries, to wit: His Majesty the Emperor of Germany, King of Prussia, Baron von Stein, Superior Privy Government Counselor, Report- ing Counselor in the Imperial Ollice of the Interior, member of the Board of Health of the Empire; Professor Gaffky, Superior Privy Medical Councilor, Director of the Royal Institute for Infectious Diseases at Berlin, member of the Board of Health of the Empire; The President of the United States of America, Mr. A. Bailly-Blanchard, Minister Plenipotentiary, Counselor of the Embassy of the United States of America at Paris; The President of the Argentine Republic, Dr. Francisco de Veyga, Inspector General of the Medical Services of the Argentine Army, Professor in the Faculty of Medicine and member of the National Board of Hygiene; Dr. Ezequiel Castilla. member of the Committee of the Interna- tional Office of Public Hygiene; His Majesty the Emperor of Austria, King of Bohemia, etc., etc., and Apostolical King of Hungary, Baron Maximilian von Gagern, Grand Cross of the Imperial Aus- trian Order of Francis Joseph, His Envoy Extraordinary and Min- ister Plenipotentiary to the Swiss Confederation ; Knight Francis von Haberler, Doctor of Law and Medicine, Min- isterial Counselor in the Imperial-Royal Austrian Ministry of the Interior^ Mr. i^tienne Worms, Doctor of Law, Knight of the Imperial Aus- trian Order of Francis Joseph, Section Counselor in the Imperial Royal Austrian ^Ministrj' of Commerce; Mr. Jules Boles de Nagybudafa, Counselor in the Royal Hungarian Ministry of the Interior ; Baron Caiman von Miiller, D(x;tor of Medicine, Ministerial Coun- selor. Professor in the Royal Hungarian University of Budapest, President of the Board of Health of the Kingdom, member of the Hungarian Chamber of ^Magnates; His ^Majesty the King of the Belgians, Mr. O. Velghe, Director General of the Sanitary and Hygienic Service in the INIinistry of the Interior, Secretary Member of the Superior Board of Hygiene, Officer of the Order of Leopold : Mr. E. van Ermengem, Professor in the University of Ghent, member of the Superior Board of Hygiene, Commander of the Order p of Leopold ; The President of the Republic of Bolivia. Mr. Ismael Montes, His Envoy Extraordinary and Minister Pleni- potentiary to the President of the French Republic; 397 Dr. Chervin, Knight of the National Order of the Legion of Honor ; The President of the Republic of the United States of Brazil, Dr. Henrique de Figuciredo Vasconcellos, Chief of Service in the Oswaldo Cruz Institute at Kio de Janeiro; His Majesty the Kin«i^ of the Bulgarians, Mr. Dimitrius Stancioff, His Envoy Extraordinary and Minister Plenipotcnliarv to the President of the French Ilepublic; Dr. Chichkoff, Medical Captain in the Bulgarian Army; The President of the Kepublic of Chile, Mr. Federico Puga Borne, His Envoy Extraordinary and Minister Plenipotentiary to the President of the French Kepublic; The President of the Kepublic of Colombia, Dr. Juan E. Manrique, Minister Plenipotentiary; The President of the Republic of Costa Kica, Dr. Alberto Alvarez Cafias, Consul General of the Republic of Costa Rica at Paris; The President of the Republic of Costa Rica, General Tomas Collazo y Tejada, his Envoy Extraordinary and Minister Plenipotentiary to the President of the French Republic; Ilis Majesty the King of Denmark, Count de Reventlow, Grand Cross of the Order of Danebrog, his Envoy ^Extraordinary and Minister Plenipotentiary to the Presi- dent of the French Republic ; The President of the Republic of Ecuador, Mr. Victor M. Rendon, his Envoy Extraordinary and Minister Plenipotentiary to the President of the French Republic; Mr. E. Dorn y de Alsua, First Secretary of the Legation of the Re- public of Ecuador at Paris ; His Majesty the King of Spain, Mr. Francisco de Reynoso, Minister Resident, Counselor of the Royal Embassy of Spain at Paris ; Dr. Angel Pulido Fernandez, Sanitary Counselor, former Director General of Health, Life Senator of the Kingdom ; The President of the French Republic, Mr. Camille Barrere, Ambassador of the French Republic to H. M. the King of Italy, Grand Cross of the National Order of the Legion of Honor ; Mr. Fernand Gavarry, Minister Plenipotentiary of the first class, Director of Administrative and Technical Affairs in the Ministry of Foreign Affairs, Officer of the National Order of the Legion of Honor ; Dr. Emile Roux, President of the Superior Board of Public Hy- giene of France, Director of the Pasteur Institute, Commander of the National Order of the Legion of Honor; Mr. Louis Mirman, Director of Public Assistance and Hygiene in the Ministry of the Interior ; Dr. A. Calmette, Director of the Pasteur Institute of Lille, Officer of the National Order of the Legion of Honor ; Mr. Ernest Ronssin, Consul General of France in India, Officer of the National Order of the Legion of Honor; ^Mr. Georges Harismendy, Counsel General, Assistant Chief of the Bureau of International Unions and Consular Affairs in the Ministry 398 of Foreign Affairs, Knight of the National Order of the Legion of Honor; Mr. Paul Roux, Assistant Chief in the Ministry of the Interior, Knight of the National Order of the Legion of Honor; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Territories beyond the seas, Emperor of India. The Honorable Lancelot Douglas Carnegie, Minister Plenipoten- tiary, Counselor of tlie Koyal British Embassy at Paris, member of the Royal Order of Victoria ; Dr. Ralph William Johnstone, Medical Inspector of the Local Government Board ; Surgeon General Sir Benjamin Franklin, former Director General of the Indian Medical Service and former Head of the Ileallh Service for British India, Knight Commander of the Order of the Empire of India. Knight of Grace of the Order of St. John of Jerusalem ; His Majesty the King of the Hellenes, Mr. Demetrius Caclamanos, First Secretary of the Royal Legation of Greece at Paris ; The President of the Republic of Guatemala, Mr. Jose Maria Lardizabal, Charge d'Affaires of the Republic of Guatemala at Paris; The President of the Republic of Haiti, Dr. August Casseus ; The President of the Republic of Honduras, Mr. Desire Pector, Consul General of the Republic of Honduras at Paris, member of the Permanent Court of Arbitration of The Hague; His Majesty the King of Italy, Commander Rocco Santoliquido, Deputy Doctor of Medicine, Director General of Public Health of the Kingdom ; Dr. Adolfo Cotta, Chief of Division in the Royal Ministry of the Interior; His Royal Highness the Grand Duke of Luxemburg, Mr. E. L. BastJn, Consul of Luxemburg at Paris; Dr. Praum, Director of the Practical Laboratory of Bacteriology Qt Luxemburg; The President of the United Mexican States, Dr. ISIiffuel Zuniira v Azcarate: His Majesty the King of Montenegro, Mr. Louis Brunet, Consul General of Montenegro at Paris; Dr. Edouard Binet, Chief Surgeon of the Hospital of the Eight Score ; His Majesty the King of Norway, Mr. Frederick, Hartvig, Herman Wedel Jarlsberg, His Envoy Extraordinary and Minister Plenipotentiary to the President of the French Republic; The President of the Republic of Panama, Mr. Juan Antonio Jimenez, Charge d'Affaires of the Republic of Panama at Paris ; Her Majesty the Queen of the Netherlands, Dr. W. P. Ruy.~ch, Inspector General of the Sanitary Service of South Holland and Zealand; 399 Dr. C. Winkler, retired Medical Inspector of the Civil Health Service for Java and Madoura; His Majesty the Shah of Persia, Samad Khan Momtazos Saltaneh, His Envoy Extraordinary and Minister Plenipotentiary to the President of the French Republic; The President of the Portiifjuese Republic, Dr. Antonio Augusto Gongalves Braga, Sanitary Maritime Physi- cian at Lisbon; His Majesty the King of Rumania, Mr. Alexander Em. Lahovary, His Envoy Extraordinary and Minister Plenipotentiary to the President of the French Republic; His Majesty the Emperor of All the Russias, Mr. Platon de AVaxel, Privy Councilor, permanent member of the Council of the Ministry of Foreign Affairs and of the Board of Pub- lic Hygiene in the Imperial Ministry of the Interior; Dr. Freyberg, Actual Counselor of State, Official of the Imperial Ministry of the Interior, Representative of the Commission created by Supreme Order against the propagation of the plague ; The President of the Republic of Salvador, Dr. S. Letona, Consul General of the Republic of Salvador at Paris ; His Majesty the King of Servia, Dr. Milenko Vesnitch, His Envoy Extraordinary and Minister Plenipotentiary to the President of the French Republic; His Majesty the King of Siam, Dr. A. Manaud, Sanitary Counselor of the Royal Government ; His Majesty the King of Sweden, Count Gykienstolpe, His Envoy Extraordinary and Minister Pleni- potentiary to the President of the French Republic ; The Swiss Federal Council, Mr. Charles Edouard Lardy, Envoy Extraordinary and Minister Plenipotentiary of the Swiss Confederation to the President of the French Republic; His INIajesty the Emperor of the Ottomans, Missak Effendi, Minister Plenipotentiary; His Highness the Khedive of Egypt, Youssouf Pacha Saddik, Representative of the Khedival Govern- ment before the Sublime Porte; And the President of the Oriental Republic of Uruguay, Dr. Louis Piera, His EnA^oy Extraordinaiy and Minister Plenipo- tentiary to the President of the French Republic, Who, having exchanged their full powers^ found in good and due form, have agi'eed to the following provisions: Title I. General Provisions. Chapter I. Rules to he observed hy the coimtnes signing the Con- vention as soon as plague, cholera, or yellow fever appears in their territory. SECTION I. NOTIFICATION AND SUBSEQUENT COMINIUNICATIONS TO THE OTHER COUNTRIES. Art. 1. Each Government shall immediately notify the other Gov- ernments of the first authentic case of plague, cholera, or yellow fever discovered in its territory. 400 Likewise, the first authentic case of cholera, phiiiiie* or yellow fever occurriiio: outside the districts already stricken shall constitute the object of an immediate notification to the other (Tovernments. Art. 2. Every notification as provided for in article 1 shall be ac- companied or very promptly followed by particulars re<;arding: 1. The neio:hboi'hood in which the disease has appeared; 2. The date of its appearance, its origin, and it.:^ form ; 3. The number of established cases and the number of deaths; 4. The extent of the area or areas affected ; 5. In the case of plague, the existence of plague or of an unusual mortality among rats; G. In the case of j'ellow fever, the existence of Stegoinya calopiis; 7. The measures immediately taken. Akt. 3. The notification and the information contemplated in arti- cles 1 and 2 are to be addressed to the diplomatic or consular agencies in the capital of the contaminated country. In the case of countries not represented there, they shall be trans- mitted directly by telegraph to the Governments of these countries. Art. 4. The notification and the information contemplated in arti- cles 1 and 2 shall be followed by subsequent communications sent regularly, so as to keep the Governments informed as to the progress of the epidemic. These communications, which shall be sent at least once a week, and which shall be as complete as possible, shall state more particu- larly the precautions taken with a view to preventing the spread of the disease. They shall specify: 1) The prophylactic measures applied in re- gard to sanitary or medical inspection, isolation, and disinfection; 2) the measures enforced u]:)on the departure of ships in order to prevent the exportation of the disease and especially, in the cases contemplated under Nos. 5 and 6 of article 2 above, the measures taken respectively against rats and mosquitos. Art. 5. The prompt and faithful execution of the foregoing pro- visions is of prime importance. The notifications are of no real value unless each Government is itself opportunely informed of cases of plague, cholera, and yellow fever and of doubtful cases occurring in its territory. It can not therefore be too strongly recommended to the various Governments that they make compulsory the announcement of cases of plague, cholera, and yellow fever and that they keep themselves informed of any unusual mortality among rats, especially in ports. Art. 6. It is desirable that neighboring countries make special arrangements with a view to organizing a direct information service among the competent heads of departments in matters concerning contiguous territories or those which have close commercial relations. RFX'TION II. CONDITIONS WHICH W\\RRANT CONSIDFHING A TERRITORIAL AREA AS BEING CONTAMINATED OR AS HAVING BECOME HEALTHY AGAIN. Art. 7. The notification of a single case of plague, cholera, or yel- low fever shall not involve the application, against the territorial area in which it has occurred, of the measures prescribed in Chapter II hereinbelow. 401 However, when several imimjwrted cases of plague or yellow fever have appeared or when the cholera cases become localized," the area ma-/ be considered contaminated. Akt. 8. In order to conline the measures to the stricken regions only, the Governments shall apply them only to arrivals from the contaminated areas. By llie word area is meant a portion of territory definitely speci- fied in the particulars which accompany or follow the notification; for instance, a province, a government, a district, a department, a canton, an island, a commune, a city, a quarter of a city, a village, a port, a polder, a hamlet, etc., whatever be the area and population of these portions of territory. However, this restriction to the contaminated area shall only be accepted upon the formal condition that the Government of the con- taminated country take the necessary measures: 1) To combat the spread of the epidemic and 2), if it is a question of cholera, to pre- vent, unless previously disinfected, the exportation of the things mentioned under Nos. 1 and 2 of article 13 and coming from the con- taminated area. When an area is contaminated, no restrictive measures shall be taken against arrivals from such area if such arrivals have left it at least five days before the beginning of the epidemic. Art. 9. In order that an area may be considered as being no longer contaminated it must be officially stated : 1. That there has neither been a death nor a new case, as regards the plague or cholera for five days, and as regards the yellow fever for eighteen days, either since the isolation or since the death or cure of the last patient ; 2. That all measures for disinfection have been applied; besides, if it is a case of plague, that the measures against rats have been executed, and, in case of yellow fever, that the precautions against mosquitos have been taken. SECTION III. MEASURES IN CONTAMINATED PORTS UPON THE DEPARTUIIE OF ^^SSELS. Art. 10. The competent authority shall be obliged to take effective measures: 1. To prevent the embarcation of persons showing symptoms of plague, cholera, or yellow fever; 2. In case of plague or cholera, to prevent the exportation of mer- chandise or any articles which he may consider contaminated and which have not been previously disinfected on land, under the super- vision of the physician delegated by the public authority; 3. In case of j)lague, to prevent the embarcation of rats; 4. In case of cholera, to see that the drinking water taken on board is wholesome; 5. In case of yellow fever, to prevent mosquitos from coming on board. " Tliore is localization when the appearance of cases of cholera beyond the inunodiate environments of the first case or cases proves that the spread of the disease has not been checked where it appeared first. 402 Chapter II. Measures of Defense against Contaminated Territoines. SECTION I. PUBLICATION OF THE PRESCRIBED MEASURES. Art. 11. The Government of each country shall be obliged to im- mediately i^ublish the measures which it believes necessary to pre- scribe with regard to arrivals from a contaminated country or ter- ritorial area. It shall at once communicare this publication to the diplomatic or consular officer of the contaminated countiy residing in its cap- ital, as well as to the international boards of health. It shall likewise be obliged to make known, through the same chan- nels, the revocation of these measures or any modifications which may be made therein. In default of a diplomatic or consular office in the capital, the communications shall be made directly to the Government of the country concerned. SECTION II. MERCHANDISE. — DISENFECTION. — IMPORTATION AND TRANSIT. BAGGAGE. Art. 12. No merchandise is capable by itself of transmitting plague, cholera, or yellow fever. It only becomes dangerous when contaminated by plague or cholera products. Art. 13. Disinfection shall be applied only in case of plague or cholera and only to merchandise and articles which the local health authority considers contaminated. However, in case of plague or cholera, the merchandise and articles enumerated below may l)e subjected to disinfection or even pro- hibited entry, independently of any proof that they are or are not contaminated : 1. Body linen, clothing worn (wearing apparel), and bedding which has been used. When these articles are being transported as baggage or as a result of a change of residence (household goods), they shall not be prohibited and are subject to the provisions of article 20. Packages left by soldiers and sailors and returned to their coun- try after death are treated the same as the articles comprised in the first paragraph of Xo. 1. 2. Rags (including those for making paper), w^ith the exception, as to cholera, of compressed rags transported as wholesale mer- chandise in hooped bales. Fresh waste coming directly from spinning mills, weaving mills, manufactories, or bleacheries; artificial wools (shoddy), and fresh paper trimmings shall not be forbidden. Art. 14. The transit of the merchandise and articles specified under Nos. 1 and 2 of the preceding articles shall not be prohibited if they are so packed that they can not be manipulated en route. Likewise, when the merchandise or articles are transported in such a manner that it is impossible for them to have been in contact with contaminated articles en route, their transit across an infected ter- ritorial area shall not constitute an obstacle to their entry into the country of destination. I 403 Article 15. The merchandise and articles specified under Nos. 1 and 2 of article 13 shall not be subject to the application of the measures prohibiting entry if it is proven to the authorities of the country that they were shipped at least five days before the begin- ning of the epidemic. AirricLE 16. The mode and place of disinfection, as ..'ell as the methods to be employed for the destruction of rats, insects, and mosquitos, shall be determined by the authorities of the country of destination. These operations should be performed in such a man- lier as to cause the least possible injury to the articles. Clotliing, old rags, infected materials for dressing wounds, papers, and other articles of little value may be destroyed by fire. It shall devolve upon each Nation to determine the question as to the possible payment of damages as a result of the disinfection and destruction of the articles mentioned above and of the destruction of rats, insects, and mosquitos. If, on tlie occasion of the taking of measures for the destruction of rats, insects, and mosquitos on board vessels, the health authorities should levy a tax either directl}'^ or through a society or private individual, the rate of such tax must be fixed by a tariff published in advance and so calculated that no profit shall be derived by the Nation or the Health Department from its application as a whole. Art. 17. Letters, and correspondence, printed matter, books, news- papers, business papers, etc. (postal parcels not included) shall not be subjected to any restriction or disinfection. In case of yellow fever, postal parcels shall not be subjected to any restriction or disinfection. Art. 18. Merchandise, arriving by land or sea, shall not be de- tained at frontiers or in ports. The only measures which it is permissible to prescribe in regard to them are specified in articles 13 and 16 above. However, if merchandise arriving by sea in bulk or in defective bails has been contaminated during the passage by rats known to be stricken with plague, and if it can not be disinfected, the destruc- tion of the germs may be insured by storing it in a warehouse for a maximum period of two weeks. It is understood that the application of this last measure shall not entail any delay upon the vessel or any extra expense as a result of the lack of warehouses in the ports. Art. 19. When merchandise has been disinfected by applying the provisions of article 13, or temporarily warehoused in accordance with the third paragraph of article 18, the owner or his representa- tive shall be entitled to demand from the health authority who has ordered the disinfection or storage, a certificate setting forth the measures taken. Art. 20. Soiled linen, clothing, and articles constituting part of baggage or furniture (household goods) coming from a contami- nated territorial area shall only be disinfected in case of plague or cholera and only when the health authority considers them con- taminated. 76844°— S. Doc. 1063, 62-63 27 404 SECnOX III. MEASURES IN PORTS AND AT MARITIiME FRONTIERS. A. CLASSIFICATION OF VESSELS. Art. 21. A vessel is considered as infected which has plague, cholera, or yellow fever on board, or which has presented one or more cases of plague, cholera, or yellow fever within seven days, A vessel is considered as suspicious on board of which there were cases of plague, cholera, or yellow fever at the time of departure or have been during the vo3'age, but on which there have been no new cases within seven daj's. A vessel is considered as uninfected which, although coming from an infected port, has had neither death nor any case of plague, cholera, or yellow fever on board either before departure, during the voyage, or at the time of arrival. B. MEASURES CONCERNING PLAGUE. Art. 22. Ships infected with plague shall be subjected to the fol- lowing measures: 1. Medical inspection. 2. The patients shall be immediately landed and isolated. 3. All persons who have been in contact with the patients and those whom the health authorit}^ of the port has reason to consider suspicious shall be landed if possible. They may be subjected either to observation," or to surveillance,'' or to observation followed by surveillance, and the total duration of these measures shall not exceed five daj^s from the date of arrival. It is within the discretion of the health authority of the port to apply whichever of these measures appears preferable to him accord- ing to the date of the last case, the condition of the vessel, and the local possibilities. 4. The soiled linen, wearing apparel, and other articles of the crew '' and passengers which are considered by the health authority as being contaminated shall l)e disinfected. 5. The parts of the vessel which have been occupied by persons stricken with plague or which are considered by the health authority as being contaminated shall be disinfected. 6. The destruction of the rats on the vessel shall take place before or after the discharge of the cargo, avoiding injuiy^ to the cargo, the platings, and the engines as far as possible. The operation shall be performed as soon and as quickly as possible, and shall not in any event last over forty-eight hours. In the case of vessels in ballast, this operation shall be performed as soon as possible before taking on cargo. <» By "observation" is nipnnt the isohition of the passpiisjers, either on boni'd a vessel or at ji sanitary station, before they are granted pratique. ^ By "surveillance" is meant that the passengers are not isolated and that they immediately obtain pratique, but that the attention of the authorities Is called to tliem wherever they go and that they are subjected to a medical exami- nation to ascertain the state of their health. ''The term "crew" is applied to all persons who form or have formed part of the crew or of the servants on board the vessel, including stewards, waiters, "cafedji," etc. The term is to be construed in this sense wherever employed in tlie present Convention. 405 Art. 2.3. Vessels suspected of plague shall be subjected to the meas- nres indicated under Nos. 1, 4. 5, and G of article 22. Moreover, the crew and passengers may be subjected to a surveil- lance not to exceed five days fronn the arrival of the vessel. The landing of the crew may be forbidden during the same period except in connection with the service. Akt. 24. Vessels uninfected with plague shall be granted pratique immediately, whatever be the nature of their bill of health. The only measures which the authority of the port of arrival may prescribe with regard to them shall be the following: 1. Medical inspection. 2. Disinfection of the soiled linen, wearing apparel, and other arti- cles of the crew and passengers, but only in exceptional cases when the health authority has special reason to believe that they are con- taminated. 3. Although the measure should not be laid down as a general rule, the health authority may subject vessels coming from a contaminated port to an operation designed to destroy the rats on l)oard. either before or after the discharge of the cargo. This operation should take place as soon and as quickly as possible and should not in any event last more than twent^'-four hours, avoiding hindrance to the movement of the passengers and crew between the vessel and the shore and, as far as possible, injury to the cargo, plating, and engines. The crew and passengers may be subjected to a surveillance not to exceed five days from the date on which the vessel left the contami- nated port. The landing of the crew may also be forbidden during the same time except in connection with the service. The competent authority of the port of arrival may always demand an affidavit from the ship's physician, or in defajilt of such physician, from the captain, to the effect that there has not been a case of plague on the vessel since its departure and that no unusual mortality among the rats has been observed. Art. 25. When rats have been recognized as plague-stricken on board an uninfected vessel as a result of a bacteriological examina- tion, or when an unusual mortality has been discoA^ered among these rodents, the following measures shall be applied : I. Vessels with plague-stricken rats: a) Medical inspection. b) The rats shall be destroyed either before or after the discharge of the cargo, avoiding injury, as far as possible, to the cargo, plating, and engines. On vessels in ballast this operation shall be performed as soon and as quickly as possible and at all events before taking on cargo. c) The parts of the vessel and the articles which the health au- thority considers to be contaminated shall be disinfected. d) The passengers and creAv maj'^ be subjected to a surveillance whose duration shall not exceed five days from the date of arrival. II. Vessels on which an unusual mortality among rats is dis- covered : a) Medical inspection. b) An examination of the rats with regard to the plague shall be made as far and as quickly as possible. 406 c) If the destruction of the rats is deemed necessary, it shall take place uiider the conditions indicated above for vessels with plague- stricken rats. d) Until all suspicion is removed, the passengers and crew may be subjected to a surveillance whose duration shall not exceed five days from the date of arrival. Art. 2G, It is recommended that vessels be periodiciilly rid of their rats, the operation to take place at least once every six months. The health officer of the port in which the rat ridding ojxn-ation is per- formed shall deliver to the captain, owner, or agent, whenever request is made therefor, a certificate showing the date of the operation, the port where it was performed, and the method employed. It is recommended that the health authorities of ports at which vessels stop which practice periodical rat ridding keep account of the aforementioned certificates in determining the measures to be taken, especially as regards the provisions of No. 3 of the 2d paragraph of article 24. C. MEASURES CONCERNING CHOLERA. Art. 27. Vessels infected with cholera shall be subjected to the following measures : 1. Medical inspection. 2. The patients shall be immediately landed and isolated. 3. The other persons shall likewise be landed and subjected, from the date of arrival of the vessel, to an observation or a surveillance whose duration shall vary according to the sanitary condition of the vessel and the date of the last case, without, however, exceeding five days; provided this period is not exceeded, the medical authority may proceed to make a bacteriological examination as far as neces- sary. 4. The soiled linen, wearing apparel, and other articles of the crew and passengers which are considered by the health authority of the port as Ijeing contaminated shall be disinfected! 5. The parts of the vessel which have been occupied by cholera patients or which are considered by the health authority as being contaminated shall be disinfected. 6. When the drinking water stored on board is considered sus- picious, it shall be turned off, after being disinfected, and replaced if necessary by water of good quality. The health authority may prohibit turning water ballast off in ports if it has been taken on in a contaminated port, unless it has been previously disinfected. - It may be forbidden to let run or throw human dejections or the residuary waters of the vessel into the waters of the port, unless they are first disinfected. Art. 28. Vessels snspected of cholera shall be subjected to the measures prescribed under Nos. 1. 4, 5. and G of article 27. The crew and passengers may be subjected to a surveillance not to exceed five days from the arrival of the vessel. It is recommended that the landing of the crew be prevented during the same period except for purposes connected with the service. Art. 29. Vessels uninfected tcith cholera shall be granted pratique immediately, whatever be the nature of their bill of health. 407 The on!)' mefisures to whicli tliev may be siibjectefl by the health authority of the port of arrival shall be those provided under Nos. 1, 4, and G of article '27. The health authority may forbid letting water ballast oft' in ports if it has been taken on in a contaminated port, unless it has been previously disinfected. AVith regard to the state of their health, the crew and passengers may be subjected to a surveillance not to exceed five days from the (late on which the vessel left the contaminated port. It is recommeniled that the landing of the crew be forbidden dur- ing the same period except for purposes connected with the service. The competent authority of the port of arrival may always demand an affidavit from the ship's physician or, in the absence of such, from the captain, to the eilect that there has not been a case of cholera on board since the vessel sailed. D. MEASURES CONCERNING THE YELLOW FEVER. Art. 30. Vessels infected with yellow fever shall be subjected to the following measures: 1. Medical inspection. 2. The patients shall be landed nnder such conditions that they will be protected from mosquito bites, and duly isolated. 3. The other persons may likewise be landed and subjected, from the date of arrival, to an observation or surveillance not exceeding six days. 4. Vessels shall anchor, as far as possible, at a distance of 200 meters from the shore. 5. If possible, the mosquitos on board shall be exterminated be- fore the cargo is discharged. If this is impossible, all necessary measures shall be taken in order that the persons employed in dis- charging the cargo may not be infected. These persons shall be sub- jected to a surveillance not to exceed six days from the time they cease to work on board. Art. 31. Vessels sus'pected of yellow fever shall be subjected to the measures indicated under Nos. 1, 4, and 5 of the preceding article. Moreover, the crew and passengers may be subjected to a surveil- lance not to exceed six days from the date of arrival of the vessel. Art. 32. Vessels uninfected with yelloio fever shall be granted pratique immediately after medical inspection, whatever be the nature of their bill of health. Art. 33. The measures contemplated in articles 30 and 31 do not concern the countries in which stegomya exist. In other countries they shall be applied to the extent deemed necessary by the medical authorities. E. PROVISIONS COMMON TO ALL THREE DISEASES. Art. 34. In applying the measures set forth in articles 22 to 33, the competent authority shall take into account the presence of a ]:)hysician and of disinfecting apparatuses (chambers) on board the vessels of the three categories mentioned above. In regard to plague, he shall likewise take into account the instal- lation on board of apparatus for the destruction of rats. 408 The health authorities of nations which may deem it suitable to reach an undei-stanilin<^ on this point may excuse from the medical inspection and other measures those uninfected vessels which have on board a physician specially commissioned by their country. Art. 35. Special measures, especially (as regards cholera) a bac- teriological examination, may be prescribed in regard to any vessel in a bad hygienic condition or crowded. Art. 3C). Any vessel not desiring to submit to the obligations im- posed bv the i)ort authority in pursuance of the stipulations of the present convention shall be free to i)ut to sea again. It may be permitted to land its cargo after the necessary precau- tions have been taken, viz: 1. Isolation of the vessel, crew\ and passengers. 2. In regard to plague, inquiry as to the existence of an unusual mortality amonor the rats. 3. In regard to cholera, the substitution of good water in place of the drinking Avater stored on board, when the latter is considered suspick)us. It may also be permitted to land passengers who so request, upon condition that they submit to the measures prescribed by the local authority. Art. 37. Vessels hailing from a contaminated port and which have been subjected to sanitary measures applied in an efficient manner in a port belonging to one of the contracting countries, shall not undergo the same measures a second time upon their arrival in a new port, wdiether or not the latter belong to the same country, provided no incident has occurred which would involve the applica- tion of the sanitary measures contemplated hereinbefore, and pro- vided they have not touched at a contaminated port. A vessel shall not be considered as having stopped at a port when, without having been in communication with the shore, it lands only passengers and their baggage and the mail, or takes on only the mail, or passengers with or without baggage who have not communi- cated with the port or with a contaminated area. In case of yellow fever, the vessel must besides have kept away from shore as much as possible, and at a distance of 200 meters, in order to prevent the invasion of mosquitos. Art. 38. A port authority who applies sanitary measures shall deliver to the captain, owner, or agent, whenever requested, a certifi- cate specifying tlie nature of the measures and the reasons for which they have been ap])lied. Art. 39. Passengers arriving on an infected vessel shall have a right to demand a certificate of the health authority of the ])ort showing the date of their arrival and the measures to which they and their baggage have been subjected. Art. 40. Coasting vessels shall be subjected to special measures to be established by mutual agreement among the countries concerned. Art. 41. The Governments of Riparian Nations on the same sea may conclude special agreements among themselves, taking into account their special situations and in order to render more effective and less annoying the application of the sanitary measures provided by the Convention. Art. 42. It is desirable that the number of ports provided with a sufficient organization and equipment to receive a vessel, whatever be 409 her sanitary condition, should, in the case of each Nation, be in pro- 2oor(ion to the importance of traffic and navigation. However, and witlioiit prejudice to the rights of the Govenunents to agree on or- ganizing conunon sanitary stations, each country should provide at least one of the ports on the coast line of each of its seas with such an orga.iizat!^n and equipment. Moreover, ic is recommentled that all great porti-^ of niar'-'ime navi- gation be equipped in such a way that at least uninfected vessels may undergo the prescribed sanitary measures therein as soon as they arrive and not be sent to another port for this purpose. The (lovernments shall make known the ports which are open in their country to arrivals from ports contaminated with plague, cholera, and yellow fever, and particularly those which are open to infected or suspicious vessels. Art. 43, It is recommended that there be established in large mari- time ports : a) A regular medical service of the port and a permanent medical surveillance of the sanitary conditions of the crews and the inhab- itants of the port. b) Means for the transportation of patients and places set apart for their isolation and for the observation of suspected persons. c) The necessary plants for efficient disinfection, and bacterio- logical laboratories. d) A supply of drinking water beyond suspicion for the use of the port, and a system affording all possible security for carrying off refuge and sewage. Art. 44. It is also recommended that the Contracting Nations take into account, in tlie treatment to be accorded the arrivals from a coun- tr}^, the measures taken by the latter for combating infectious diseases and for preventing their exportation. SECTION IV. MEASURES ON LAND FRONTIERS TRAVELERS RAILROADS FRONTIER ZONES RIVER ROUTES. Art. 45. No land quarantines shall be established. Only persons showing symptoms of plague, cholera, or yellow fever shall be detained at frontiers. This rule shall not bar the right of each Nation to close a part of its frontiers in case of necessity. Art. 4C. It is important that travellers be subjected to surveillance on the part of railroad employees with a view to determining the state of their health. Art. 47. ISIedical interference shall be limited to an examination of the passengers and the care to be given to the sick. If such an examination is made, it should be combined as far as possible with the custom house inspection to the end that travelers may be de- tained as short a time as possible. Only persons who are obviously ill shall be subjected to a thorough medical examination. Art. 48. As soon as travelers coming from an infected locality shall have arrived at their destination, it would be of the greatest utility to subject them to a surveillance which ought not to exceed, counting from the date of departure, five days in case of plague or cholera and six days in case of yellow fever. 410 Art. 49. The Governments reserve the right to take special meas- ures in refrard to certain categories of persons, notably gypsies, vaga- bonds, emigrants, and persons traveling or crossing the frontier in troops. Art. 50. Cars used for the conveyance of passengers, mail, and bag- gage shall not be detained at frontiers. If it should happen that one of these cars is contaminated or has been occupied by a plague or cholera patient, it shall be detached from the train and disinfected as soon as possible. The same rule shall apply to freight cars. Art. 51. The measures concerning the crossing of frontiers by railroad and postal employees shall be determined by the companies or departments concerned and shall be so arranged as not to hinder the service. Art. 52. The regulation of frontier traffic and questions pertain- ing thereto, as well as the adoption of exceptional measures of sur- veillance, shall be left to special arrangements between the contigu- ous nations. Art. 53. It shall be the province of the Governments of the ripa- rian Nations to regulate the sanitary conditions of river routes by means of special arrangements. Title II. Special Provisions Applicable to Oriental and Far Eastern Countries. section I. measures in ports contaminated upon the departure OF ^-ESSELS. Art. 54. Every person, including the members of the crew, who takes passage on board a vessel shall, at the time of emliarcation. be examined individually in the da3''time on shore, for the necessary length of time, by a ph^^sician delegated by the public authority. The consular authority of the nation to which the vessel belongs may be present at this examination. As an exception to this stipulation, the medical examination may take place on shipboard at Alexandria and Port Said, when the local health authority deems it expedient, provided that the third- class passengers shall not be permitted to leave the vessel. This medical examination may be made at night in the case of first and second class passengers but not of third-class passengers. SECTION II. MEASURES WITH RESPECT TO ORDINARY VESSELS HAILING FROM CONTAMINATED NORTHERN PORTS AND APPEARING AT THE ENTRANCE OF THE SUEZ CANAL OR IN EGYPTIAN PORTS. Art. 55. Ordinary uninfected vessels hailing from a plague or cholera infected port of Europe or the basin of the Mediterranean and presenting themselves for passage through the Suez Canal shall l)e allowed to pass through in quarantine. They shall continue their route under observation of five da^'s. Art. 56. Ordinary uninfected vessels wishing to make a landing in Egypt may stop at Alexandria or Port v'^aid. where the passengers shall complete the observation period of five days either on ship- board or in a sanitary station, according to the decision of the local health authority. 411 Art. 57. The measures to which infected or suspected vessels shall he suhjocted which hail from a pla to be subjected and shall be presented within the shortest possible period. SECTION III. MEASURES IN THE RED SEA. A. MEASURES WITH RESPECT TO OKDINARY VESSELS HAILING FROM THE SOUTH AND APPEARING IN PORTS OF THE RED SEA OR BOUND TOWARD THE MEDITERRANEAN. Art. 58. Independently of the general provisions contained in Section III, Chapter 2, Title I, concerning the classification of and the measures applicable to infected, suspected, or uninfected vessels, the special provisions contained in the ensuing articles are applicable to ordinary vessels coming from the south and entering the Red Sea. Art. 59. Utiinfected vessels must have completed or shall be re- quired to complete an observation period of five full days from the time of their departure from the last infected port. They shall be allowed to pass through the Suez Canal in quaran- tine and shall enter the Mediterannean continuing the aforesaid ob- servation period of five days. Ships having a physician and a dis- infecting chamber on board shall not undergo clisinfection until the passage through in quarantine begins. Art. go. Suspected vessels shall be treated differently according to whether they have a physician and a disinfecting apparatus (chamber) on board or not. a) Vessels having a physician and a disinfecting apparatus (cham- ber) on board and fulfilling the necessary conditions shall be per- mitted to pass through the Suez Canal in quarantine under condi- tions prescribed by the regulations for the passage through. b) Other suspected vessels having neither physician nor disin- fecting apparatus (chamber) on board shall, before being permitted to pass through in quarantine, be detained at Suez or ]\loses Spring a sullicient length of time to carry out the disinfecting measures pre- scribed and to ascertain the sanitary condition of the vessel. In the case of mail vessels or of packets specially utilized for the transportation of passengers and having no disinfecting apparatus (chamber) but having a physician on board, if the last case of plague or cholera dates back longer than seven days and if the sanitary con- dition of the vessel is satisfactory, ])ratique may be granted at Suez when the operations prescribed by the regulations are completed. When a vessel has had a run of less than seven days without infec- tion, the passengers bound for Egypt shall be landed at an estab- lishment designated by the Board of Health of Alexandria and isolated a sufficient length of time to complete the observation period of five days. Their soiled linen and wearing apparel shall be disin- fected. They shall then receive pratique. 412 Vessels having had a run of less than seven days without infection and desiring to obtain pratique in Egypt shall be detained in an establishment designated by the Board of Health of Alexandria for a sufficient length of time to complete the observation period of five days. They shall undergo the measures prescribed for infected vessels. When the plague or cholera has appeared exclusivelv among the crew, only the soiled linen of the latter shall be disinfected, but it shall all be disinfected, including that in the living quarters of the crew. Art. 61. Infected vessels are divided into vessels with a physi- cian and a disinfecting apparatus (chamber) on board, and vessels without a physician and a disinfecting apparatus (chamber). (a) Vessels without a physician and a disinfecting apparatus (chamber) shall be stopped at Moses Spring;" persons showing symp- toms of plague or cholera shall be landed and isolated in a hospital. The disinfection shall be carried out in a thorough manner. The other passengers shall be landed and isolated in groups composed of as few persons as possible, so that the whole number may not be infected by a particular group if the plague or cholera should de- velop. The soiled linen, wearing ap])arel. and clothing of the crew and passengers, as well as the vessel, shall be disinfected. It is to be distinctly understood that there shall be no discharge of cargo but simply a disinfection of the part of the vessel which has been infected. The passengers shall remain for five days in an establishment designated by the Sanitar}^ Maritime, and Quarantine Board of Egypt. When the cases of plague or cholera date back several days, the length of the isolation shall be diminished. This length shall vary according to the date of the cure, death, or isolation of the last patient. Thus, when the last case of plague or cholera has termi- nated six days before by a cure or death, or when the last patient has been isolated for six days, the observation shall last one day ; if only five days have elapsed, the observation period sliall be two days; if only four days have elap.sed, the observation period shall be three days; if only three days have elapsed, the observation period shall be four daj-s; and if only two days or one di\y has elapsed, the ob- servation period shall be five days. b) Vessels with a phj^sician and a disinfecting apparatus (cham- l)er) on board shall be stopped at Moses Spring. Fhe ship's physi- cian must declare, under oath, what persons on board show symptoms of plague or cholera. These patients shall be landed and isolated. After the landing of these patients, the soiled linen of the rest of the passengers which the health authority may consider dangerous, as well as that of the crew, shall undergo disinfection on board. When plague or cholera shall have ai)peared exclusively among the crew, the disinfection of the linen shall be limited to the soiled linen of the crew and the linen of the living apartments of the crew. The ship's physician shall indicate also, mider oath, the part or compartment of the vessel and the section of the hospital in which the patient or patients have been transported. He shall also declare, "The patients shall as far as possible be landed at Moses Spring. The other persons may undergo the observation in a sanitary station designated by the Sanitary, Maritime, and Quarantine Board of Egypt (pilotB' lazaretto). 413 under oath, what persons have been in contact with the pla<^ue or cholera patient since the lirst manifestation of the disease, either di- rectly or thr()ii<>h contact with objects which mit^ht be contaminated. Such persons alone shall be considered as suspects. The part or compai-trnent of the vessel and the section of the hos- pital in which the patient or patients have been transported shall be thoroii^tily disinfected. By " part of the ship " shall be meant the cabin of the patient, the nei<^hborin«j^ cabins, the corridor on which these cabins are located, the deck, and the parts of the deck where the patients have been. If it is impossible to disinfect the part or coinjjartment of the vessel which has been occupied by the persons stricken with plague or cholera without landing- the persons declared suspects, these per- sons shall be either placed in another vessel specially designated for this purpose or landed and lodged in the sanitary establishment without coming in contact with the patients, who shall be placed in the hos])ital. The duration of this stay on the vessel or on shore shall be as short as possible and shall not exceed twenty-four hours. The suspects shall undergo, either on their vessel or on the vessel designated for this pur])ose. an observation period whose duration shall vary according to the cases and under tlie conditions provided in the third paragraph of subdivision a). The time taken up by the prescribed operations shall be comprised in the duration of the observation period. The passage through in quarantine may be allowed before the expiration of the periods indicated above if the health authority deems it possible. It shall at all events be granted when the disin- fection has been completed, if the vessel leaves behind not only its patients but also the persons indicated above as "suspects." A disinfecting chamber placed on a lighter may come alongside the vessel in order to expedite the disinfecting operations. Infected vessels requesting pratique in Egypt shall be detained at Moses Spring five days; they shall, moreover, undergo the same measures as those adopted for infected vessels arriving in Europe. B. MEASURES WITH KESPECT TO ORDINARY VESSELS HAILING FROM THE INFECTED PORTS OF IIED.TAZ DURING THE PILGRIMAGE SEASON. Art. G2. If plague or cholera prevails in Hedjaz during the time of the Mecca pilgrimage, vessels coming from the Hedjaz or from any other part of the Arabian coast of the Red Sea without having embarked there any pilgrims or similar masses of persons, and which have not had any suspicious occurrence on board during the voyage, shall be placed in the category of ordinary suspected vessels. They shall be subjected to the jDreventive measures and to the treatment imposed on such vessels. If they are bound for Egypt they shall undergo, in a sanitary establishment designated by the Sanitary, Maritime, and Quarantine Board, an observation of five days from the date of departure for cholera as well as for plague. They shall be subjected, moreover, to all the measures prescribed for suspected vessels (disinfection, etc.). and shall not be granted pratique until they have passed a favorable medical examination. 414 It shall be understood that if the vessels have had suspicious occur- rences durino- the voyao:e they shall pass the observation period at Moses Spring, which shall last five days Nvhether it be a question of plague or cholera. SECTION IV. ORGANIZATION OF SU^'EILLANCE AND DISINFECTION AT SUEZ AND MOSES SPRING. Art, 63. The medical inspection prescribed by the regulations shall be made on each vessel arriving at Suez by one or more of the physi- cians of the station, being made in the daytime on vessels hailing from ports infected with plague or cholera. It may, however, be made at night on vessels which come to pass through the canal, pro- vided they are lit by electricity and whenever the local health author- ity is satisfied that the lighting facilities are adequate. Art. 64. The physicians of the Suez station shall be at least seven in number — one chief physician and six others. They must possess a regular diploma and shall be chosen preferably from among physi- cians who have made special practical studies in epidemiology and bacteriology. They shall be appointed by the Minister of the Inte- rior upon the recommendation of the SanitaiT, Maritime, and Quar- antine Board of Egypt. They shall receive a salary to begin at 8,000 francs and which may progressively rise to 12,000 francs for the six physicians, and vary from 12,000 to 15,000 francs for the chief physician. If the medical service should still prove inadequate, recourse may be had to the surgeons of the navies of the several nations, who shall be placed under the authority of the chief physician of the sanitary station. Art. 65. A corps of sanitary guards shall be intrusted with the surveillance and execution of the prophylactic measures applied in the Suez Canal, at the establishment at Moses Spring, and at Tor. Art. 66. This corps shall comprise ten guards. It shall be recruited from among former noncommissioned officers of the European and P^gyptian armies and navies. After their competence has been ascertained by the Board, the guards shall be appointed in the manner provided by article 14 of the Khedival decree of June 19, 1893. Art. 67. The guards shall be divided into two classes, the first comprising four and the second six guards. Art. 68. The annual compensation allowed the guards shall be: For the first class, from £160 Eg. to £200 Eg. ; For the second class, from £120 Eg. to £168 Eg. ; With a progressive increase until the maximum is reached. Art. 69. The guards shall be invested with the character of officers of the public peace, with the right to call for assistance in case of infractions of the sanitary regulations. They shall be placed under the immediate orders of the Director of the Suez or the Tor Bureau. SECTION V. PASSAGE THROUGH THE SUEZ CANAL IN QUARANTINE. Art. 70. The health authority of Suez shall grant the i^assage through in quarantine, and the Board shall be immediately informed thereof. 415 Doubtful cases shall be decided by the Board, Art. 71. As soon as the permit provided for in the preceding ar- ticle is granted, a telegram shall be sent to the authority designated by each Power, the dispatch of the telegram being at the expense of the vessel. Art. 72. Each Power shall establish penalties against vessels which abandon the route indicated by the captain and unduly approach one of the ports within its territory, cases of vis major and enforced sojourn being excepted. Art. 7;J. Upon a vessel's being spoken, the captain sliall be obliged to declare whether he has on board any gangs of native stokers or of wage-earning employees of any description who are not inscribed on the crew list or the register kept for this purpose. The following questions in particular shall be asked the captains of all vessels arriving at Suez from the south, and shall be answered under oath : " Have you any helpers (stokers or other workmen) not inscribed on your crew list or on the special register? What is their nation- ality ? TNHiere did you embark them ? " The sanitary ph3^sicians should ascertain the presence of these he]])ers and if they discover that any of them are missing they should carefully seek the cause of their absence. Art. 74. A health officer and two sanitary guards shall board the vessel and accompany her to Port Said. Their duty shall be to pre- vent communications and see to the execution of the prescribed meas- ures during the passage through the canal. Art. 75. All embarkations, landings, and transshipments of pas- sengers or cargo are forbidden during the passage through the Suez Canal to Port Said. However, passengers may embark at Port Said in quarantine. Art. 76. Vessels passing through in quarantine shall make the trip from Suez to Port Said without putting into dock. In case of stranding or of being compelled to put into dock, the necessary operations shall be performed by the personnel on board, all communications with the emplo3^ees of the Suez Canal Company being avoided. Art. 77. When troops are conveyed through the canal on sus- picious or infected vessels passing through in quarantine, the trip shall be made in the daytime only. If it is necessary to stop at night in the canal, the vessels shall anchor in Lake Timsah or the Great Lake. Art. 78. Vessels passing through in quarantine are forbidden to stop in the harbor of Port Said except in the cases contemplated in articles 75 (paragraph 2) and 75. The supply and preparation of food on board vessels shall be effected with the means at hand on the vessels. Stevedores or any other persons who may have gone on board shall be isoteted on the quarantine lighter. Their clothing shall there undergo disinfection as per regulations. Art. 79. When it is absolutely necessary for vessels passing through in quarantine to take on coal at Port Said, they shall perform this operation in a locality affording the necessary facilities for isolation and sanitary surveillance, to be selected by the Board of Health. When it is possible to maintain a strict supervision on board the ves- 416 sel and to prevent all contact with the persons on board, the coaling of the vessel by the workmen of the port may be pormittei. At ni<:;ht the place where the coaling is done should be illuminated by electric lights. Art. 80. The pilots, electricians, agents of the Company, and sani- tary guards shall be put otf at Port Said outside of the port between the jetties and thence conducted directly to the quarantine lighter, where their clothing shall undergo disinfection when deemed neces- sary. Art. 81. The war vessels hereinafter specified shall enjoy the ben- efits of the following provisions when passing through the Suez Canal : Tliey shall be recognized by the quarantine a ahority as uninfected upon the production of a certificate issued by the physicians on board, countersigned by the commanding ofKcer, and affirming under oath; a) That there has not been any case of plague or cholera on board either at the time of departure or during the passage. b) That a careful examination of all persons on board, without any exception, has been made less than twelve hours before the arrival in the Egyptian port, and that it revealed no case of these diseases. These vessels shall be exempted from the medical examination and immediately receive pratique, provided a period of five full da3's has elapsed since their departure from the last infected pon:. In case the required period has not elapsed, the vessels may pass through the canal in quarantine without undergoing the medical ex- amination, provided they present the above-mentioned certificate to the quarantine authorities. 'J he quarantine authorities shall nevertheless have a right to cause their agent- to jxrform the medical examination on board war vt'S- sels wheiu'\er tiiey deem it necessary. Suspicious or infected war vessels shall be subjected to the regu- lations in force. Only fighting units shall be considered as war vessels, transports and hospital ships falling under the category of ordinary vessels. Art. 82. The Sanitary, Maritime, and Quarantine Board of Egypt is authorized to organize the transit through Egyptian territory by rail of the mails and ordinary passengers coming from infected coun- tries in quarantine trains, under the conditions set forth in Annex I. SECTION VI. SANITARY MEASLTIES APPLICABLE TO THE PERSIAN GULF. Art. 83. The sanitary regulation established by the articles of the present Convention shall be applied, as regards vessels entering the Persian Gulf, by the health authorities of the ports of arrival. This regulation shall be subject to the following three reservations with respect to the classification of the vessels and to the measures to be applied to them in the Persian Gulf : 1. The surveillance of the passengers and crew shall always be superseded by an observation of the same duration. 2. Uninfected vessels may obtain pratique there only upon condi- tion that five full days have elapsed since the time of their departure from the last infected port. 417 3, In regard to suspected vessels the period of five days for the observation of the crew and passengers shall begin as soon as there is no case of plague or cholera on board. TrrLE III. Provisions Specially Applicable to Pilgrimages. Chapter I. General jyrovisions. Art. 84. The provisions of article 54 of Title II are applicable to persons and objects bound for Hedjaz or Irak Aralu and who are to be embarked on a pilgrim ship, even if the port of embarkation is not infected with plague or cholera. Art. 85. AVhen cases of plague or cholera exist in the port, no em- barkation shall be made on pilgrim ships until after the persons, assembled in a group, have been subjected to an observation for the purpose of ascertaining that none of them is stricken with plague or cholera. It shall be understood that, in executing this measure, each Gov- ernment may take into account the local circumstances and possi- bilities. Art. 86. If local circumstances permit, the pilgrims shall be obliged to prove that they possess the means absolutely necessary to complete the pilgrimage, especially a round-trip ticket. Art. 87. Steamships shall alone be permitted to engage in the long-voyage transportation of pilgrims, all other vessels being for- bidden to engage in this traffic. Art. 88. Pilgrim ships engaged in coasting trade and used in mak- ing the conveyances of short duration called " coasting trade " shall be subject to the provisions contained in the special regulations ap- plicable to the Hedjaz pilgrimage, which shall be published by the Board of Health of Constantinople in accordance with the principles enounced in the present Convention. Art. 89. A vessel which does not embark a greater proportion of pilgrims of the lowest class than one per hundred tons' gross burden, in addition to its ordinary passengers (among whom pilgrims of the higher class may be included), shall not be considered as a pilgrim ship. Art. 90. Every pilgrim ship situated in Ottoman waters must con- form to the provisions contained in the special regulations applicable to the Hedjaz pilgrimage, which shall be published by the Board of Health of Constantinople in accordance with the principles set forth in the present convention. Art. 91. The captain shall be obliged to pay all the sanitary taxes collectible from the pilgi'ims, which shall be comprised in the price of the ticket. Art. 92. As far as possible, the pilgrims who land or embark at the sanitary stations should not come in contact with one another at the points of debarkation. Tlie pilgrims who are landed shall be sent to the encampment in as small groups as possible. They must be furnished with good drinking water, whether it is found on the spot or obtained by distillation. 418 Art. 93. "^Vhen there is plao^ue or cholera in Hedjaz. the provisions carried by the pilgrims shall be destroyed if the health authority deems it necessary. Chapter II. Pilgi'iin ships — Sanitary arrangements, SECTION I. GENERAL ARRANGEMENT OF \"ESSELS. Art, 94. The vessel must be able to lodge pilgrims between def'ks. Outside of the crew, the vessel shall furnish to every individual, whatever be his age, a surface of 1.5 square meters (16 English square feet) with a height between decks of about 1.8 meters. On vessels engaged in coasting trade each pilgrim shall have at his disposal a space of at least 2 meters wide along the gunwales of the vessel. Art. 95. On each side of the vessel, on deck, there shall be reserved a place screened from view and provided with a hand pump so as to furnish sea water for the needs of the pilgrims. One such place shall be reserved exclusively for women. Art. 96. In addition to the water closets for the use of the crew, the vessel shall be provided with latrines flushed with water or pro- vided with a stop cock, in the proportion of at least one latrine for every 100 persons embarked. There shall be latrines reserved exclusivelv for women. There shall be no water closets between decks or within the hold. Art. 97. The vessel shall have two places arranged for private cooking by the pilgrims, who shall be forbidden to make a fire else- where and especially on deck. Art. 98. Infirmaries properly arranged with regard to safety and sanitary conditions shall be reserved for lodging the sick. They shall be so arranged as to be capable of isolating, according to the kind of disease, persons stricken with transmissible ailments. The infirmaries shall be able to receive at least 5 per cent of the pilgrims embarked, allowing at least 3 square kilometers per head. Art. 99. Every vessel shall have on board the medicines, disin- fectants, and articles necessary for the care of the sick. The regula- tions made for this kind of vessels by each Government shall deter- mine the nature and quantity of the medicines." The care and the remedies shall be furnished free of charge to the pilgrims. Art. 100. Every vessel embarking pilgrims shall have on board a physician holding a regular diploma and commissioned by the Government of the country to which the vessel belongs or by the Government of the port in which the vessel takes pilgrims on board. A second physician shall be embarked as soon as the number of pilgrims carried by the vessel exceeds one thousand. Art. 101. The captain shall be obliged to have handbills posted on board in a position which is conspicuous and accessible to those in- terested. They shall be in the principal languages of the countries inhabited by the pilgrims embarked, and show: 1. The destination of the vessel. 2. The price of the tickets. " It is desirable that each vessel be provided witb the principal iniinunizing agents (antiplague serum, HaffUine vaccine, etc.). 419 3. The daily ration of water and food allowed to each pilf^rim. 4. A price list of victuals not comprised in the daily ration and to be paid for extra. Art. 102. The heavy ba<2:gage of the pilgrims shall be registered, numbered, and placed in the hold. The pilgrims shall keep with them only such articles as are absolutely necessary, the regulations made by each Government for its vessels determining the nature, quantity, and dimensions thereof. Art. 103. The provisions of Chapters I, II (sections I, II, and III), and III of the present Title shall be posted, in the form of regulations, in the language of the nationality of the vessel as well as in the principal languages of the countries inhabited by the pil- grims embarked, in a censpicuous and accessible place on each deck and between decks on every vessel carrying pilgrims. SECTION II. MEASURES TO BE TAKEN BEFORE DEPARTURE. Art. 104. At least three days before departure the captain, or in the absence of the captain the owner or agent, of every pilgrim ship must declare his intention to embark pilgrims to the competent author- ity of the port of departure. In ports of call the captain, or in the absence of the captain the owner or agent, of every pilgrim ship must make this same declaration twelve hours before the departure of the vessel. This declaration must indicate the intended day of sailing and the destination of the vessel. Art. 105. Upon the declaration prescribed by the preceding article being made, the competent authority shall proceed to the inspection and measurement of the vessel at the expense of the captain. The consular officer of the country to which the vessel belongs may be present at this inspection. The inspection only shall be made if the captain is already provided with a certificate of measurement issued by the competent authority of his country, unless it is suspected that the document no longer cor- responds to the a«»«tual state of the vessel." Art, 106. The competent authority shall not permit the departure of a pilgrim ship until he has ascertained : a) That the vessel has been put in a state of perfect cleanliness and, if necessary, disinfected. b) That the vessel is fn a condition to undertake the voyage without danger; tl>at it is properly equipped, arranged, and venti- lated; that it is provided with an adequate number of small boats; that it contains nothing on board which is or might become detri- mental to the health or safety of the passengers, and that the deck is of wood or of iron covered with wood. c) That, in addition to the provisions for the crew, there are pro- visions and fuel of good quality on board, suitably stored and in sufficient quantity for all the pilgrims and for the entire anticipated duration of the voyage. " The competent authority is at present : In British India, an officer designated for this purpose by the local government (Native Passonger Ships Act. 1S87, Art. 7) ; in Dutch India, the harbormaster; in Turkey, the health authority; in Austria-Hungary, the port authority; in Italy, the harbormaster; in France, Tunis, and Sp, 1893; April 3, 1894; March 19, 1897; and December 3, 1903. The previous arrangements enumerated above shall remain in force with regard to the Powers which, having signed or adhered to them, may not ratify or accede to the present act. In witness whereof the respective Plenipotentiaries have signed the present convention and affixed thereto their seals. 429 Done at Pa remain deposi Republic, and diplomatic cln 1 L.S.I 1 L. S. I [l. s.] I L. S.J iL.S.l [L.S.I I L. S.] [L. S.] [L. S.J [L.S.] [l- s-J [L. S.] |-L. S.l [L. S.] [l. s.] [L. S.] [L. S.] [L. S.l [L. S.] [I,. S. I [L. S. I [L.S.l [L. S. I [L. S.-| \L. S. I [L. .S. 1 [L. S.l [L. S. 1 [l. s. I [L. S.] [l. s.] [L. S.l [L. S.l [l. S.l [L. S.l [L. S.l [L.S.l , [I. S.l [L. S.] [L. S.1 [l. S.l fL. S.1 [L. S.l [L. S.l Fl. S.1 Tl. S.l [l. s.l fL. S.l fL. S.l [l. S.] ris on January 17, 1012, in a single copy which shall ted in the arcln.'es of the (Jovernment of the French of which certified copies shall he traiLsmitted through mnels (o the Contractinc: Powers. Siiiiied.: iSi^ned : Signed : Signed: Signed : Signed : Signed : Signed: Signed: Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed: Signed : Signed : Signed : Signed : Signed : Signed: Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed : Signed: Signed : Frhhk von Stein. l)n. CiAi-i'Kv. A. Bailly-Blanchard. Francisco de Veyga. EzEQlilEL CaSTILLA. Gaoern. Haberler. Worms. BoLCS. MiJLLER. O. Velghe. Dr. Van Ermengem. Ismael Montes. Dr. Ciiervin. Dr. Figueiredo de Va scon cellos. Stancioff. Dr. G. Chichcoff. F. PuGA Borne. J. E. Manrique. Dr. a. Alvarez Canas. Tomas Collazo. F. Raventloav. Victor M. Rendon. E. DORN Y DE Al^UA. F. De Reynoso. Angel Pulido. Camille Barrere. Gavarry. Dr. E. Roux. Mirman. Dr. a. Calmette. Er. Ronssin. Harismendy. Paul Roux. Lancelot D. Carnegie. Ralph W. Johnstone. Benjamin Franklin. D. Caclamanos. J. M. Lardizabal. Dr. Casseus. Desire Pector. Rocco Santoloquido. Adolfo Cotta. Bastin. Dr. Praum. Miguel Zuniga y Azcarate. Brunet, Dr. E. Binet. F. Wedel Jarlsberg. J. A. Jimenez. 430 [l. s.' Siinied: Dr. W. p. Ruysch. fL. S.' Signed : Dr. C. Winkler. [L. S. Signed : ]\I. Samad. L. S. Signed : Antoxio Augusto GoxgAL-sTis Braga L. S. Signed : Alexanprf, Em. Lahovary. [l. s.' Signed : Platon ok Waxel. [l. s.' Signed : Nicolas Freyberq. L. S.^ Signed : Dr. S. Letoxa. L. S.' Signed: Mil. R. Vesnttch. "r. s.' Signed : Dr. Manaud. [l. s." Signed : Gyldexstolpe. "l. s.' Signed : I^ARDY. |"l. s.' Signed:' ;Missak. [l. s.' Signed : Y. Saddik. "l. s.' Signed : Louis Piera. I certify that the foregoing is a true copy. R. POTNCARE, President of the CouncU, Minister of Foreign Affairs of the French Bepuhlic. APPENDICES. Appendix I. (See Art. 82.) Regulations concerning the jyassage, in quarantine trains through Egyptian territorg^ of travelers and mail hags coming from con- taminated countries. Art, 1. If an Egyptian Railroad Administration desires a quaran- tine train to connect with vessels arriving from contaminated ports, it shall notify the local quarantine authority at least two hours be- fore departure. Art. 2. The passengers shall land at the place indicated by the quarantine authority, with the consent of the Railroad Administra- tion and the Egyptian Government, and shall pass directly and with- out any communication from the vessel to the train, under the su])er- vision of a transit ofiicer and of two or more sanitary guards. Art. 3. The personal effects, baggage, etc., of the passengers shall be transported in quarantine with the means at the disposal of the vessel. Art. 4. The agents of the railroad shall be obliged to obey the or- ders of the transit officer as regards the quarantine measures. Art. 5. The cars assigned to this service shall be longitudinal-aisle cars. A sanitary guard shall be placed in each car and sliall have supervision over the passengers. The agents of the railroad shall have no communication with the passengers. A physician of the quarantine service shall accompany the train. Art. 6. The heavy baggage of tlie passengers shall be placed in a special car to be sealed at the departure of the train by the transit 431 officer. Upon arrival, the seals shall be withdrawn by the transit oflicer. Any transshipment or embarkation durinj^ tlic trip shall be pro- hibited. Art. 7. The closets shall be provided with cans containinf^ a cer- tain quantity of antiseptic for receiving the dejections of the pas- sengers. Art. 8. The platforms of the stations where the train is obliged to stop shall be completely vacated, except by such agents of the service as are absolutely indispensable. Art. 9. Each train may have a dining car. The leavings of the tables shall "be destroyed. The employees of this car as well as the other emploj^ees of the railroad who have for any reason come in con- tact with the passengers shall be subjected to the same treatment as the pilots and electricians at Port Said and Suez or to such measures as the Board may deem necessary. Art. 10. The passengers shall be absolutely prohibited from throw- ing anything out of the windows, doors, etc. Art. 11. In each train an infirmary compartment shall remain empty in order that any persons falling ill may be isolated therein. This compartment shall be arranged according to the directions of the Quarantine Board. If a case of plague or cholera should appear among the passengeifs, the patient shall be immediately isolated in the special compartme«t. Upon the arrival of the train this patient shall be transferred at once to the quarantine lazaretto. The other passengers shall continue their voyage in quarantine. Art. 12. If a case of plague or cholera should appear during the trip, the train shall be disinfected by the quarantine authority. At all events, the cars which have contained the baggage and the mails shall be disinfected immediately after the arrival of the tram. Art. 13. The transshipment from the train to the boat shall be kc- complished in the same Avay as at arrival. The boat receiving the passengers shall be immediately placed in quarantine and mention shall be made on the bill of health of the accidents which may hare occurred en route, those ]3ersons who may have been in contact' with the patients being specially designated. Art. 14. The expenses incurred by the quarantine administration shall be borne by the party asking for the quarantine. Art. 15. The President of the Board, or his substitute, shall have, a right to watch over the train during its whole trip. The President may, moreover, set a superior employee (besides the transit officer and the guards) to watch over said train. This employee shall have access to the train upon mere presenta- tion of an order signed by the President. Appendix II. Khedival decree of June 19, 1893. (See art. 153.) 1. Measures to prevent introduction and transmission of epidemic diseases Hnd epizootics. 2. Number and qualification of delegates. 432 3. Supervision over sanitary condition. 4. Sauitary bulletins of cities of C;iiio and Alexandria, and Provinces. 5. Ascertainment of sanitary condition of country, and dispatch of inspecting boards. 6. Preventive measures to be adopted by board. 7. Drafting of note on bill of health. 8. Adoption of measures to prevent transmission of diseases to foreign countries. !t. Supervisory control of quarantine sanitary measures. 10. Ilegulations for transportation of pilgrims. 11. Decisions of board to be cuuununicated. 12. Enforcement of the decisions and power of the president of the board. 13. Selection of sanitary inspector general and other otlicers. 14. Appointment of officers to service, and dismissals. 15. Number of directors, etc. 16. Control of sanitary employees; responsibility for proper performance of the service. 17. Agency of El Ariche. 18. Employees of medical and administrative service. 19. Supervisory powers of sanitary insitector general. 20. Information as to sanitary condition of Hedjaz. lil. Comijlaiuts ludgetl against :igeuls, and dlsciiiliuary committee. 22. Disciplinary penalties. 23. Collection of sanitary and quarantine dues. 24. Control of finances. 25. Secret ballots of the board. 26. Assistance by civil authorities. 27. Repeal of previous decrees and regulations. 28. Enforcement. We, Khedive of Egypt, on the recoiiiinendation of Our Minister of the Interior, with the advice and consent of our Cabinet, and con- sidering^ that it is necessary to introduce various amendments in our decree of January 3, 1881 "(2 Safer 1298). decree: Art. 1. The Sanitary, Maritime, and Quarantine Board shall de- cide on the measures to be taken to prevent the introduction into Egypt, or the transmission to foreign countries, of epidemic diseases and epizootics. The number of Egyptian delegates shall be reduced to four, as follows : 1. The President of the Board, appointed by the Egyptian Gov- ernment and to vote only in case of a tie. 2. A European doctor of medicine. Inspector General of the Sani- tary, Maritime, and Quarantine Service. 3. The Sanitary Inspector of the city of Alexandria, or whoever acts in that capacity. 4. The Veterinary Inspector of the Administration of sanitary services and public hygiene. All the Delegates must be physicians holding a regular diploma, granted either by a European facidty of medicine or by the Govern- ment, or be regularl}' a[)pointed officials in actual service, of the grade of vice consul at least, or of an equivalent grade. Tliis pro- vision is not applicable to the present incumbents. Art. 3. The Sanitary. ]Maritime. and Quarantine Board shall exer- cise permanent supervision over the sanitary condition of Egypt and over arrivals from foreign coimtries. Art. 4. As regards Egypt, the Sanitary. Maritime, and Quarantine Board shall receive each week, from the Board of Health and Public Hygiene, the sanitary bulletins of the cities of Cairo and Alexandria, and each month the sanitary bulletins of the provinces. These bul- 433 letins shall bo transmitted at shorter intervals when, owin^r to special circumstances, the Sanitary, JNIaritime, and Quarantine Board so reouests. On its part, the Sanitary, Maritime, and Quarantine Board shall communicate to the Board of Health and Public Hygiene any deci- sions it may have reached and any information it r.iay have received from abroad. The Governments shall address to the Board, if they deem proper, the sanitary bulletin of their country, and shall notify it of epidemics and epizootics as soon as they appear. Art. 5. The Sanitary, Maritime, and Quarantine Board shall as- certain the sanitary condition of the country and send inspecting boards wherever it may deem necessary. The Board of Health and Public Hygiene shall be notified of the dispatch of these boards and shall endeavor to facilitate the per- formance of their mission. Art. 6. The Board shall adopt preventive measures for the purpose of preventing the introduction of epidemics and epizootics into EgA^pt via tlie maritime or desert frontiers, and it shall determine the points at which temporary camps and permanent quarantine estab- lishments are to be located. Art. 7. It shall draft the note to be written on the bill of health issued by the health offices to departing vessels. Art. 8. In case of the appearance of epidemics or epizootics in Eg3^pt, it shall adopt preventive measures with the object of pre- venting the transmission of these diseases to foreign countries. Art. 9. The Board shall supervise and control the execution of the quarantine sanitary measures which it has adopted. It shall draft all regulations relating to the quarantine service and see to their strict enforcement both with regard to protecting the country and to maintaining the guarantees stipulated by interna- tional sanitary conventions. Art. 10. It shall regu.late, from a sanitary standpoint, the con- ditions under w-hich pilgrims going to and returning from Hedjaz are to be transported, and watch over their state of health during pilgrimage. Art. 11. The decisions reached by the Sanitary. Maritime, and Quarantine Board shall be communicated to the IMinistry of the Interior; they shall also be made known to the Ministry of Foreign Affairs, which shall notify them, if necessary, to the agencies and consulates general. However, the President of the Board shall be authorized to cor- respond directly Avith the consular authorities of maritime cities in current matters connected with the service. Art. 12. The President, and, in case of his absence or impediment, the Inspector General of the Sanitary, Maritime, and Quarantine Service, shall see to the enforcement of the decisions of the Board. For this purpose he shall correspond directly with all the agents of the Sanitary, Maritime, and Quarantine Service and with the various authorities of the countries. He shall, with the advice of the Board, direct the sanitary police of the ports, the maritime quarantine establishments, and the quarantine stations of the desert. Finally, he shall transact current business. 434 Art. 13. The sanitary inspector general, the directors of sanitary offices, and the physicians of sanitary stations and quarantine camps must be selected from among phj'sicians regularly diplomaed eitlier by a European faculty of medicine or by the Government. The delegate of the Board at Djeddah may be a diplomaed physi- cian of Cairo. Art. 14. The Board shall designate its candidates through its President to the Minister of the Interior for all offices and positions under the Sanitary, Maritime, and Quarantine Service, said Minis- ter alone having a right to appoint them. The same course shall be followed in regard to dismissals, trans- fers, and promotions. However, the President shall have the direct appointment of all the subaltern agents, laborers, servants, etc. The appointment of the sanitary guards shall be reserved to the Board. Art. 15. The number of directors of sanitary offices shall be seven, their residence being at Alexandria, Damietta, Port Said, Suez, Tor, Souakim, and Kosseir. The sanitars' office of Tor may operate only during the continuance of the pilgrimage or in time of epidemic. Art. 16. The directors of the sanitary offices shall have under their orders all the sanitary employees of their district. They shall be responsible for the proper performance of the service. Art. 17. The chief of the sanitary agency of El Ariche shall have the same powers and duties as those entrusted to the directors by the foregoing article. Art. 18. The directors of the sanitary stations and quarantine camps shall have under their orders all the employees of the medi- cal and administrative service of the establishments under their direction. Art. 19. The sanitary inspector general shall have the supervision over all the services under the Sanitary, Maritime, and Quarantine Board. Art. 20. It shall be the mission of the delegate of the Sanitary, Maritime, and Quarantine Board at Djeddah to furnish the Board with information as to the sanitary condition of Hedjaz, especially in time of pilgrimage. Art. 21. A disciplinary committee composed of the President, the Inspector General of the Sanitary. Maritime, and Quarantine Serv- ice, and the three delegates elected by the Board, shall be intrusted with an examination of the complaints lodged against the agents belonging to the Sanitary, Maritime, and Quarantine Service. It shall draw up a report on each case and submit it to the con- sideration of the Board convened in general assembly. The delegates shall be renewed every year. They shall be reeligible. The decision of the Board shall be submitted by its President to the sanction of the Minister of the Interior. The disciplinary committee may inflict, without consulting the Board: 1) Censure and 2) suspension of pay up to one month. Art. 22. The disciplinary penalties shall be: 1. Censure. 2. Suspension of pay from eight days to three months. 3. Transfer without indemnity. 435 4. Dismissal. All without prejudice to any actions to be brought for common law crimes or ofTenses. Art. 23. Sanitary and quarantine duos shall be collected by the agents belonging to the Sanitary, Maritime, and Quarantine Service. The latter shall conform, in regard to accounts and book keeping, to the general regulations established by the Ministry of Finance. The accounting officers sliall address their accounts and the pro- ceeds of their coUections to the President of the Board. The accounting officer who is chief of the central bureau of ac- counts shall acquit them over the visa of the President of the Board. Art. 24. The Sanitary, Maritime, and Quarantine Board shall have control over its own finances. The administration of the receipts and expenses shall be intrusted to a Committee composed of the President, the Inspector General of the Sanitary. Maritime, and Quarantine Service, and of three dele- gates of the Powers elected by the Board. It shall be entitled " Com- mittee on Finances." The three delegates of the Powers shall be renewed every year. They shall be reeligible. Subject to ratification by the Board, this Committee shall fix the salary of the employees of every grade; it shall decide on the perma- nent and the unforeseen expenses. Every three months, at a special meeting, it shall make a detailed report on its management to the Board. Within three months following the expiration of the bud- getary year, the Board, upon the recommendation of the Committee, shall strike a final balance and transmit it through its President to the Ministry of the Interior. The Board shall prepare the budget of its receipts and that of its expenditures. This budget shall be adopted by the Cabinet, at the same time as the general budget of the Government, as an annexed budget. In case the expenditures should exceed the receipts, the deficit shall be covered from the general resources of the Nation. However, the Board shall without delay examine into the means of balancing the receipts and expenditures. Its recommendations shall be transmitted by the President to the Minister of the Interior. Any surplus that may exist shall accrue to the treasury of the Sanitary, Maritime, and Quarantine Board ; it shall, after a decision is reached by the Sanitary Board and ratified by the Cabinet, be devoted ex- clusively to the creation of a reserve fund for use in emergencies. Art. 25. The President shall be obliged to order voting done by secret ballot whenever three members of the Board so request. Vot- ing by secret ballot shall be compulsory whenever it is a question of the choice of Delegates of the Powers to form part of the Disci- plinary Committee or of the Committee on Finances and when it is a question of appointing, dismissing, transferring, or promoting employees. Art. 26. The Governors, Prefects of Police, and ISIudirs shall be responsible, as far as concerns them, for the enforcement of the sani- tary regulations. They, as well as the civil and military authorities, shall give their assistance, whenever legally called upon by the agents of the Sanitary, Maritime, and Quarantine Service, in order to insure the prompt enforcement of the measures taken in the interest of public health. 76844°— S. Doc. 1063, 62-63 29 436 Art. 27. All previous decrees and regulations are repealed as far as contrary to the foregoing provisions. Art. 28. Our Minister of the Interior is intrusted with the enforce- ment of the present decree, whicli sliall not be enforceable until November 1, 1893. Done in the Palace of Ramleh, June 19, 1893. Abbas Hilmi. By the Khedive: RiAZ, Head of the Cabinet, Minister of the Interior.^ Kh^dival decree of Decemher 25, 1894, providing fvnds to cover the deficits of the quarantine board, and to meet the extraordinary expenses necessitated by the fitting up of the sanitary establish- ments for Tor, Su£z, and Moses Spring. We, Khedive of Egypt, on the recommendation of Our Minister of Finance, with the advice and consent of our Cabinet, with the con- sent of the Commissioner-Directors of the Public Debt Fund as re- gards article 7, and with the consent of the Powers, decree: Art. 1. Beginning with the fiscal year 1894, there shall be deducted annually from the present receipts of lighthouse dues the sum of 40,000 pounds Egyptian, which shall be employed as explained in the following articles. Art. 2. The sum deducted in 1894 shall be used: 1) To cover any deficit during the fiscal year 1894 of the Quarantine Board, in case it has been impossible to entirely cover such deficit with the resources derived from the reserve fund of said Board, as will be stated in the following article; 2) to meet the extraordinary expenses necessitated by the fitting up of the sanitary establishments of Tor, Suez, and Moses Spring. Art. 3. The present reserve fund of the Quarantine Board will be used to cover the deficit of the fiscal year 1894. and it shall not be reduced to an amount less than 10,000 pounds Egyptian. If the deficit should not be fully covered, the remainder shall be met with the resources created in article 1. Art. 4. From the sum of 80,000 pounds Egyptian derived from the fiscal years 1895 and 1896 there shall be deducted: 1) An amount equal to that which has been paid out in 1894 from the same receipts, to be applied to the deficit of said year 1894, so as to bring up to 40,000 pounds Egyptian the sums allotted to the extraordinary works provided for in article 1 for Tor, Suez, and Moses Spring; 2) the sums necessary in order to cover the deficit of the budget of the Quarantine Board for the fiscal years 1895 and 1896. After the aforementioned deduction has been made, the surplus shall be devoted to the construction of new lighthouses in the Red Sea. Art. 5. Beginning with the fiscal year 1897, this annual sum of 40,000 Egyptian pounds shall be used to cover possible deficits of the Quarantine Board. The amoimt necessary for this purpose shall be conclusively determined by taking as a basis the financial results of the fiscal years 1894 and 1895 of the Board. 437 The surplus shall be devoted to a reduction in the liglithouse dues, it bein<^ understood that these dues sliall be reduced in the same pro- portion in the Red Sea and the Mediterranean. Art. G. In consideration of the aforementioned deductions and allotments the Government shall, bef^inning witii 1894, be relieved of any obligation in regard to the expenses, ordinary or extraordi- nary, of the Quarantine Board. It is understood, however, that the expenses borne hitherto by the Egyptian Government shall continue to be borne by it. Art. 7. Beginning with the h.seal year 181)4, upon tlie settlement of account of the excesses with the Public Debt Fund, the share of these excesses due the Government shall be increased by an annual sum of 20,000 pounds Egyptian. Art. 8. It has been agreed between the Egyptian Government and the Governments of Germany, Belgium. Great Britain, and Italy that the sum allotted to a reduction of the lighthouse dues, in accordance with article 5 to the present decree, shall be deducted from the sum of 40,000 pounds Egyptian provided for in the letters annexed to the Commercial Conventions concluded between Egypt and said Governments. Art. 9. Our Minister of Finance is charged with the enforcement of the present decree. Done at the Palace of Koubbeh, December 25, 1894. Abbas Kilmi. By the Khedive: N. NUBAR, Head of the Cabinet. Ahmer Mazloum, Minister of Finance. BouTRos Ghali, Minister of Foreign Affairs. Ministerial decision of June 19, 1893, concerning the operation of the sanitary, maritime, and quarantine sei'vice. The Minister of the Interior, in view of the Decree of June 19, 1893, decides: Title I. The Sanitary, Maritime, and Quarantine Board. Art. 1. The President shall be obliged to convene the Sanitary, Maritime, and Quarantine Board in regular session on the first Tuesday of each month. He shall likewise be obliged to convene it whenever three members so request. He shall, finally, convene the Board in extra session whenever cir- cumstances demand the immediate adoption of an important measure. Art. 2. The letter of convocation shall indicate the questions to be considered. Except in cases of urgency, no final decisions shall be made on any but questions mentioned in the letter of convocation. Art. 3. The secretary of the Board shall prepare the minutes of the meetings. These minutes must be presented for signature to all the members who have attended the meeting. 438 They shall be copied in fiill on a register which shall be preserved in the archives concurrently with the original minutes. A provisional copy of the minutes shall be delivered to any mem- ber of the Board so requesting. Art. 4. A Permanent Board composed of the President. Inspector General of the Sanitary, Maritime, and Quarantine Service, and two Delegates of the Powers elected by the Board, shall be charged with making decisions and taking^ measures in urgent matters. The Delegates of the Nation interested shall always be summoned to attend, and shall be entitled to vote. The President shall vote only in case of a tie. The decisions shall be communicated at once by letter to all the members of tlie Board. This Board shall be renewed every three months. Art. 5. The President, or, in his absence, the Inspector General of the Sanitary. Maritime, and Quarantine Service, shall direct the de- liberations of the Board, but shall vote only in case of a tie. The President shall have general direction of the service. lie shall be charged with causing the enforcement of the decisions of the Board. SECRETARIAT. Art. 7. The secretary of the Board, chief of the secretariat, shall " centralize " the correspondence with the Ministry of the Interior and the various agents of the Sanitary, Maritime, and Quarantine Service. It shall be in charge of the statistics and archives. It shall have added to it clerks and interpreters in sufficient number to attend to the discharge of business. Art. 7. The secretary of the Board, chief of the secretariat, shall attend the meetings of the Board and prepare the minutes. He shall have under his orders the employees and servants of the secretariat. He shall direct and supervice their work, under the authority of the President. He shall have custody of and be responsible for the archives. BUREAU or ACCOUNTS. Art. 8. The chief of the central bureau of accounts shall be " the accounting officer." He shall not be permitted to assume office until he has furnished a bond the amount of which shall be fixed by the Sanitary, Maritime, and Quarantine Board. He shall, under the direction of the Committee on Finance, super- vise the operations of the employees whose duty it is to receive the sanitary and quarantine dues. He shall draw up the statements and accounts which are to be transmitted to the Ministry of the Interior after being adopted by the Committee on Finance and approved by the Board. THE SANITARY INSPECTOR GENERAL. Art. 9. The sanitary inspector general shall have supervision of all the services under the Board. He shall exercise this supervision 439 under the conditions provided in article 19 of the Decree dated June 19, 1893. He shall, at least once a year, inspect each of the sanitary offices, agencies, or posts. Besides, the President shall, upon the recommendation of the Coun- cil and according to the needs of the service, delerniino the inspec- tions which the Inspector General shall make. In case of impediment of the Inspector General, the President shall designate, with the consent of the Board, the oflicial who is to take his place. Every time the Inspector General has visited an olTice, agency, sanitary post, sanitary station, or quarantine camp, he shall give an account to the President of the Board, in a special report, of the results of his inspection. During the intervals between his rounds of inspection, the In- spector General shall, under the authority of the President, take part in the direction of the general service. He shall take the place of the President in case of absence or impediment. Title II. — Service of Ports, Quarantine Stations, and Sanitary Stations. Art. 10. The sanitary, maritime, and quarantine policing along the Eg^'ptian coast of the Mediterranean and Red Seas, as well as on the land frontiers, in the direction of the desert, shall be intrusted to the directors of the health offices, the directors of sanitary stations or quarantine camps, the chiefs of sanitary agencies or sanitary posts, and the employees under their orders. Art. 11. The directors of the health offices shall have the direction of and be responsible for the service both of the office at the head of wdiich they are placed and of the sanitaiy posts thereunder. They shall see to the strict enforcement of the regulations on sani- tary, maritime, and quarantine police. They shall obey the instruc- tions they receive from the President of the Board and shall give the necessary orders and instructions to all the employees of their office, as well as to the employees of the sanitary posts attached thereto. They shall be charged with the examination and speaking of vessels and with the application of the Quarantine measures, and, in the cases provided by the regulations, they shall proceed to make medical inspections and inquiries regarding violations of quarantines. In administrative matters they shall correspond only with the President, to whom they shall transmit all sanitary information which they gather while discharging their duties. Art. 12. In regard to salary the directors of the health offices shall be divided into two classes: The first class offices, which are four in number, viz: Alexandria, Port Said, Suez Basin and camp at Moses Spring, and Tor. The second class offices, three in number, viz: Damietta, Souakim, and Kosseir. Art. 13. The chiefs of the sanitary agencies shall have the same duties and powers, as regards the agency, as the director's as regards their office. Art. 14. There shall be a single agency at El Ariche. 440 Art, 15. The chiefs of the sanitary posts shall have under their orders the employees of the post which they are directing. They shall be under the orders of the director of one of the health offices. They shall not be permitted to issue any bill of health or author- ized to vise any bills of health except those of vessels departing with pratique. They shall compel vessels arriving at their ports with a foul bill of health or under irregular conditions to put into a port where there is a health office. They can not make sanitary inquests themselves, but they must call upon the director of their office for this purpose. Outside of cases of absolute urgency, they shall coiTcspond only with this director in all administrative matters. In urgent sanitary and quarantine matters, such as the measures to be taken in regard to an arriving vessel, or the annotation to be made on the bill of health of a departing vessel, they shall correspond directly with the President of the Board; but they must communicate this correspond- ence to their director without delay. They shall be obliged to give notice, bj^ the quickest route, to the President of the Board regarding shipwrecks of which they have knowledge. Aet. 16. The sanitaiy posts shall be six in number, as follows: Posts of Port Neuf, Aboukir, Brullos, and Rosetta, under the Alex- andria office. Posts of Kantara and of the inland port of Ismailia, under the Port Said office. The Board may create new sanitary posts, according to the needs of the service and its resources. Art. 17. The permanent or temporary service of the sanitary sta- tions and quarantine camps shall be intrusted to directors having under their orders sanitary employees, guards, porters, and ser^'ants. Art. 18. It shall be the duty of the directors to compel persons sent to the sanitary station or the camp to submit to quarantine. They shall cooperate with the physicians in isolating the different categories of quarantined persons and in preventing any jeopardization. Upon the expiration of the period fixed, they shall grant or withhold pratique in accordance with the regulations, cause merchandise and wearing apparel to be disinfected, and apply quarantine to the persons employed in this operation. Art. 19, They shall exercise constant supervision over the execu- tion of the measures prescribed, as well as over the state of health of the quarantined persons and the employees of the establishment. Art. 20. They shall be responsible for the progress of the service and shall give an account thereof, in a daily report, to the President of the Sanitary, Maritime, and Quarantine Board, Art. 21. The physicians attached to the sanitary stations and quarantine camps shall be under the directors of these establish- ments. They shall have the druggists and hospital attendants under their orders. They shall watch over the state of health of the quarantined per- sons and of the employees, and shall direct the infirmary of the sani- tary station or of the camp. Pratique shall not be granted to persons in quarantine until an inspection and favorable report have been made by the physician. I 441 Art. 22. In each sanitary office, sanitary station, or quarantine camp, the director shall also be " account ino^ officer." He shall, under his own actual personal responsibility, designate the employee to be in charge of the receipt of the sanitary and quar- antine dues. The chiefs of sanitary agencies or posts shall also be accounting officers, and shall be personally charged with collecting the dues. The agents charged with the collection of the dues must conform, as regards the guarantees to be given, the keeping of the documents, the time of payments, and in general everything relating to the finan- cial part of their service, to the regulations issued by the Ministry of Finance. Art. 23. The expenses of the Sanitary, Maritime, and Quarantine Service shall be defrayed with the means at the disposal of the Board itself, or, with the consent of the Ministry of Finance, from such fund as the latter may designate. Cairo, June 19, 1893. KlAZ. In Executive Session, Senate of the United States, February 19, 1913. Resolved {two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of a conven- tion between the United States and other powers, signed at Paris on January 17, 1913, modifying the international sanitary convention of December 3, 1903 : Provided, That the Senate advise and consent to the ratification of said convention with the understanding, to be expressed as a part of the instrument of ratification, that nothing contained in article 9 thereof shall be deemed to prevent the United States from carrying out any special quarantine measures against the infection of its ports which might be demanded by unusual sanitary conditions. ITALY. 1913. Contention — Commerce and Navigation. Signed at Washington, February 25, 191S; ratification advised ly tJie Senate, February £6, 1913. Aeticle I. Treaty of 1871 amended. The United States of America and His Majesty the King of Italy, desiring to define more accurately the rights of their respective citizens in the territories of the other, have for that purpose deter- mined to conclude a treaty amendatory of Article III of the Treaty of Commerce and Navigation of February 26, 1871, between the two countries, and have named as their respective Plenipotentiaries: The President of the United States of America: Philander C. Knox, Secretary of State of the United States of America; His Majesty the King of Italy: The Marquis Cusani Confalonieri, Commander of the Order of Saint Maurice and Saint Lazarus, Grand Cordon of the Order of the Crown of Italy, etc., etc., His Ambassador Extraordinary and Plenipotentiary at Washington: And the said Plenipotentiaries having exhibited, each to the other, their full powers, found to be in good and due form, have concluded and signed the following articles: Aeticle I. It is agreed between the High Contracting Parties that the first paragraph of Article III of the Treaty of Commerce and Navigation of February 26, 1871, between the United States and Italy shall be replaced by the following provision: "The citizens of each of the High Contracting Parties shall receive in the States and Territories of the other the most constant security and protection for their persons and property and for their rights, including that form of protection granted by any State or national law which establishes a civil responsibility for injuries or for death caused by negligence or fault and gives to relatives or heirs of the injured party a right of action, which right shall not be restricted on account of the nationality of said relatives or heirs; and shall enjoy in this respect the same rights and privileges as are or shall be granted to nationals, provided that they submit themselves to the conditions imposed on the latter." (442) 443 Article TT. The present Treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Ilis Majesty the Kinp; of Italy, in accordance with the consti- tutional forms of that Kin^^dom, and shall go into operation upon the exchange of the ratifications thereof, which shall be effected at Wash- inton as soon as practicable. In faith whereof the Plenipotentiaries of the High Contracting Parties have signed the present Treaty in duplicate in the English and Italian languages, and have affixed thereto their respective seals. Done at Washington this 25th day of February, in the year of our Lord one thousand nine hundred and thirteen. [seal.] Philander C. Knox. [seal.] Cusani. I INDEX. Treaties, conventions, protocols, and agreements not In force. I I American Nations — Pag*. Union of, constituted for protection of trade-marks, 1910 357 Arbitration — convention with France with reference to, 1911 380 Great Britain with reference to, 1911 385 conventions for, resolution of ratification, 1911 383, 388 differences arising under treaty with Panama, 1903, subniiUfd lu, 1909... 240 differences submitted to; special agreement, 1911 380,385 disagreements concerning wireless telegraph regulations submitted to, 1912 190 dividing line between Panama and Colombia to be in part established by, _ 1909 246 joint high commission of inquiry created by convention for, 1911 381, 385 authority of, 1911 382,387 oath of members of , 191 1 382, 387 procedure of, 1911 382,387 pecuniary claims, agreement to submit to, I'JJ U 346 treaties superseded, 1911 383, 388 Argentine Republic — naturalization, "citizen " defined in convention with, 1909 344 convention with, 1909 343 declaration of intention has not the effect of, 1909 344 presumption as to renunciation of, 1909 244 reciprocal recognition of, 1909 343 renunciation of by citizens of, 1909 343 naturalized citizen liable to punishment for offense committed beforo emigration, 1909 344 naturalized citizen not liable to punishment for emigration, 1909 344 Blockade — breach of, by neutral vessels, 1909 271 capture of vessel for breach of, 1909 271 condemnation of vessel and cargo for breach of, 1909 272 declaration of, by whom made; contents, 1909 270 to whom addressed, 1909 270 validity, 1909 270 liability to capture for breach of, how terminated, 1909 271 must be declared to be binding, 1909 270 notification of, how made to vessels without knowledge of, 1909 27 1 not to bar access to neutral ports, 1909 271 presumption as to knowledge of, 1909 271 question of, one of fact, 1909 269 raising or restricting, must be notified, 1909 271 rules of declaration and notification of, apply when extended or reestab- lished, 1909 270 to what limits may be extended, 1909 2G9 what vessels may not be captured for breach of, 1909 271 when binding, 1909 269 when permission to enter may be given, 1909 270 when regarded as raised, 1909 269 Canada, wireless telegraph convention, right to fiLx separate rates reser%ed h\, 1912 194 Canal Zone — Products of Colombia admitted to entry in, at same duty as those of the United States, 1909 236 Bupplies to Colombian laborers in, admitted free of duty, 1909 236 (I) Treaties, conventions, protocols, and agreements not in force. Page. Cargoes, disposition of, by prize court, 1907 252 Citizen, definition of, Argentine Republic, 1909 344 Citizens — in territories of Panama and Colombia, how determined, 1909 245 not liable to punishment for emigration, Argentine Republic, 1909 344 Colombia. {See also Panama-Colombia.) agreement by, to revise treaty of 1846 with New Granada, 1909 237 mails of, to have free passage through Canal Zone, 1909 236 f rants use of ports to United States, 1909 237 'anama released from payment of any part of debt of, 1909 237 products of, conveyed over railway, pending construction of, canal at rates charged for similar products of the United States, 1909 236 recognition by, of independence of Panama, 1909 _ 237 renounces rijrhte and interest in contracts relating to construction of canal, 1909 ! 237 ship canal, agents and officers of, entitled to free passage upon railroad pending coni^truction of; exception, 1909 236 laborers of, employed in Canal Zone, supplies for, admitted free of duty, 1909 236 products of, admitted to entry in Canal Zone at same duty as those of the United States, 1909. 236 ship canal convention with, 1903 223 1909 235 ship canal, liberty of conveying troops, etc., through, 1909 235 liberty of conveying troops over railway pending construction of, 1909. 236 Colon — delimitation of city of, 1909 240 water mains and distributing system of city of, may be taken over by Re- public of Panama, 1909 240 Commerce and navigation — convention with Italy with respect to, 1913 - - . - 442 treaty of 1871 with Italy amended with respect to right of action by aliens for damages, 1913 - 442 Contraband of war, lists of articles treated as absolute or conditional, 1909 272, 273, 274, 275, 276 Convention — arbitration, with France, 1911 380 with Great Britain, 1911 385 commerce and navigation, with Italy, 1913 442 copyright, international, 1910 349 industrial property, international, respecting, 1911 367 international prize court, 1907 248 international wireless telegraph, 1912 185 invention, international, concerning, 1910 362 naturalization, with Ai^entine Republic, 1909 343 pecuniary claims, international, with respect to, 1910 345 sanitary, international, 1913 390 ship canal, Colombia, 1903 223 Colombia, 1909 235 between Colombia and Panama, 1909 243 Panama, 1909 239 trade-marks, international, 1910 354 Copyright — addresses, etc., may be published without authorization of, 1910 351 author to have exclusive power of disposing of property under, 1910 350 comity of recognition of, 1910 - . . ; 350 Government having supervision of production and publication of, 1910 351 illicit reproductions, wnat considered, 1910 351 literary and artistic^ international convention concerning, 1910 350 •'literary and artistic works," definition of, in convention with respect to, 1910 350 news items not entitled to protection of, 1910 351 origin of country of, how determined, 1910 351 presumption as to ownership on, 1910 350 in Treaties, conventions, protocols, and affreements not in force. Copyright; — Continued. Pajti. powers to acknowledge and protect, in conformity with stipulations of con- vention, 1!)10 349 publications infringing, may be confiscated, 1910 351 rcproductii)ns for instruction not prohibited by, 1910 351 reproduction prohibited without consent of author, 1910 351 term of, commence to run, when, 1910 351 ti'anslatious protected by, 1910 351 what works not entitled to, 1910 351 Coastal stations, definition of, international wireless telegraph convention, 1912 . 186 Damages — for capture determined by international prize court, 1907 263 rules of procedure in actions for, before prize coiirt, 1907 263, 264 Delegate to naval conference — instructions to, 1909 327-331 report of, 1909 332-342 Designs. {See Inventions.) Emigration, citizens not liable to punishment for, Argentine Kepublic, 1909.. 344 France, arbitration convention with, 1911 380 Great Britain , arbitration convention with, 1911 385 Hague tribunal , pecuniary claims to bo submitted to, 1910 346 Industrial property — applications for protection of, time of filing and priority, 1911 370,371 comity of protection of rights in, 1911 370 convention, international, respecting, 1911 .367 subject to periodical revision, 1911 374 domicile of members of union, obligation of, applied to rights granted, 1911. 378 exhibited at international expositions, protection of patents of, etc., 1911.. 373 importation of, not to entail forfeitiu-e, 1911 371 time limit as to forfeiture, for non working, 1911 371 International Office for protection of, at Berne, imder authority of Swiss Government, 1911 373 patents obtained for, in one State independent of those obtained in other States, 1911 371 patent offices to be maintained for protection of, 1911 373 "patents," what comprised in name of, 1911 378 protection against unfair competition, 1911 373 provisions of article 2, of convention with respect to, not to infringe laws of countries, 1911 378 registration of trade-marks, 1911 372 provisions of convention with reference to, modified, 1911 378 right reserved to make special agreements for protection of, 1911 375 rights of citizens of noncontracting countries m, 1911 370 rules and procedure of international rules for protection of, 1911 373,374 seizure of, bearing illegal trade-mark, 1911 372, 373 term of priority modified by protocol, 1911 378 term used in convention with respect to, defined in protocol, 1911 378 trade names protected without filing, 1911 372 International convention. {See Convention.) International Bureau — • created to protect trade-marks, 1910 357 establishment of, for protection of industrial property, 1911 373 rules and procedure of, for protection of industrial property, 1911 373, 374 to protect trade-mai'ks; location and duties of, 1910 357, 358 rules of practice and procedure of, 1910 359 when created, 1910 359 International Bureau of Telegraph Union, duties of, 1912 _ 189 International law, to be observed by prize courts in deciding question of law, 1907... 252 International naval conference, 1909 {see also Naval conference) 266 International prize court. {See also Prize court.) convention with respect to, 1907 248 judges of, appointment, qualification, privileges, powers, and duties, 1907. 252, 253,254,255 International wireless telegiaph convention. {See Wireleea.) TV Treaties, convcntio'ns, protocols, and agreements not in force. Invention — Page. application for patent in several States, 1910 363 certified copies of patents for, given full faith and credit, 1910 364 comity of right to enjoy patent for, 1910 363 convention, international, concerning, 1910 362 definition of, 1910 364 injuries to rights of, punished, 1910 364 patents refused for, on what grounds, 1910 364 prexnous treaties superseded, 1910 365 priority of patents of, how decided, 1910 364 rights of ownership of, 1910 364 time or priority of deposity, in foreign state, 1910 363 Inventions. {See also Industrial property.) Isthmian railway. {See Ship canal.) Italy- commerce and navigation convention with, 1913 442 treaty of commerce and navigation, 1871, with, amended with respect to right of action by aliens, 1913 442 Joint high commission of inquirj^ — to be created under arbitration convention, 1911 381, 386 authority of, in arbitration cases, 1911 382, 387 oath of members of, 1911 382, 387 procedure of, 1911 - 382, 387 Literary and artistic copyright. {See CopjTight.) "Literary and artistic works," definition of, copjTight convention, 1910 350 Merchant ships, validity of capture of, how determmed, 1907 250 Military and naval stations, subject only to provisions of international wireless convention relating to disturbances and distress calls, 1912 190 Models. {See Inventions.) {See also Industrial property.) Naturalization — " citizen" defined in convention for, with Argentine Republic, 1909 344 citizen liable to trial for offense committed before emigration, Argentine Republic, 1909 344 citizen not liable to punishment for emigration, Argentine Republic, 1909. 344 convention with Argentine Republic concerning, 1909 343 declaration of intention has not the effect of, Argentine Republic, 1909. . . 344 presumption as to renunciation, Argentine Republic, 1909 344 reciprocal recognition of, Argentine Republic, 1909 , 343 renunciation of, Argentine Republic, 1909 343 Naval conference: international, 1909 266 blockade — breach of, by neutral vessels, 1909 271 capture of vessel for breach of, 1909 271 condemnation of vessel and cargo for breach of, 1909 272 declaration of — by whom made; contents, 1909 270 to whom addressed, 1909 270 extension of, 1909 269 how made to vessels wdthout knowledge of, 1909 271 liability for capture for breach of, how terminated, 1909 271 must be declared to be binding, 1909 270 not to bar access to neutral ports, 1909 271 presumption as to knowledge of, 1909 271 question of, one of fact, 1909. 269 raising or restricting, to be notified, 1909 271 rules of declaration and notification of, apply to extended or reestab- lished, 1909 270 to be applied impartially, 1909 270 validity of declaration, 1909 270 what vessels may not be captured for breach of, 1909 27 1 when binding, 1909 269 when regn. ded as raised, 1909 269 when permission to enter may be given, 1909 270 I Treaties, conventions, protocols, and agreements not in force. Naval conference — Continued. Paeo. call of, by Great Britain, 1909 320 character of vessel and goods, how determined, 1900 279 coudenijiation of vessel auci cargo for resistance to search, 1909 280 contraband of war, lists of articles treated as absolute or conditional, 1909. . 272 273, 274, 275, 276 delegates to, report of 332-342 individual belonging to armed force of enemy found on neutral ship to be made prisoner, 1909 277 instructions to American delegates to, 1909 327-331 neutral vessels, cargo, and papers, disposition of, when captured, 1909. . . 277, 278 neutral vessels under convoy exempt from search; exception, 1909 280 penalty for unneutral service, by neutral vessels, 1909 276, 277 powers undertake to observe rules of, 1909 280 provisions of, treated as a whole, 1909 280 report of drafting committee to 282-323 rules of international law agreed to by, 1909 268 rules of international law prescribed by, subject to reservation by certain nations as to actions against them in prize courts, 1909 323, 324, 325 transfer of vessel to neutral flag, when valid, 1909 278, 279 unneutral service of neutral vessel, what constitutes, 1909 276-277 vessel wrongfully captured entitled to compensation, 1909 280 Naval and military stations: subject to provisions of international wireless convention relating to dis- turbances and distress calls, 1912 190 New Granada, treaty of peace with, of 1846, to be revised by Colombia and United States, 1909 237 New Panama Canal Co., ownership of stock in, determined in convention be- tween Panama-Colombia, 1909 245 Panama. (See also Panama-Colombia.) abandons ownership of stock in new Panama Canal Co., 1909...-. 245 assignments of payments by, to Colombia, 1909 237, 239 citizens of, to have same privileges, etc., in respect to use of^nal, etc., as citizens of most favored nation, 1909 241 delimitation of city of, 1909 240 differences arising under treaty of 1903 with, submitted to arbitration, 1909. 240 recognition of independence of, by Colombia, 1909 237 reciprocal liberty of commerce and navigation between citizens of IJnited States and, 1909. 241 release from obligation for payment of debt of Colombia, 1909 237 ship canal convention with, 1909 239 when to become operative 242 ship canal, resolution of ratification of convention of 1909, with 242 treaty of 1903 with, amended, 1909 239 treaty of 1903, executive orders under to conform to meaning of, 1909 241 water mains and distributing system of city of, may be taken over by Republic of, 1909 240 Panama-Colombia — additional treaties between, covering questions of commerce, etc., to be entered into, 1909 246 assignment by Panama to Colombia of payments due from the United States in convention between, 1909 244 dividing line between Republics of, established in part, 1909 246 to be in part established by arbitration, 1909 246 independence of Panama recognized in convention between, 1909 243 ownership of stock of new Panama Canal Co. determined in convention between, 1909 245 release of pecuniary claims and obligations by convention between, 1909.. 244 ship canal, joint convention with respect to, 1909 243 when to go into effect, 1909. ._. 247 status of citizens of each residing in territory of other, 1909 245 territory of either Republic not to be increased at the expense of the other, 1909 246 Panama Canal. (See Ship canal.) ▼I Treaties, conventions, protocols, and agreements noi in force. Page, Patent Office, to be raaintained xixider pro^'ision8 of international industrial property convention, 1911 373 Paten ta. (See Inventions.) (See also Industrial property.) Pecuniary clainiB — agreement to submit to arbitration, 1910 346 international convention with reference to, 1910 345 Ports, use of, granted United States by Colombia, 1909 237 Prize court — appointment of judges of, condition precedent to deposit of ratification of international convention, 1907 259 disposition of vessel and award of damages by, 1907 252 distribution of judges of, 1907 ._. 260, 261 in deciding question of law, to observe provisions of treaties in force, and international law, 1907 251 international convention with respect to, 1907 248 international, beginning of jurisdiction of, 1907 260 not to determine validity of capture in action for damages, 1907 263 rules of procedure in action for damages brought before, 1907 263, 264 international law referred to in convention respecting, defined, 1909 266 judges of international, appointment, qualification, privileges, powers and duties of, 1907 , 252,253,254,255 judgment of national, in what cases brought before international, 1907 250-251 jurisdiction of international, upon appeal, 1907 251 jurisdiction of local, 1907 _ 250 only contracting power to exercise the right of appeal to international, 1907 . 259 powers to submit to decisions of international, 1907 252 procedure in international, 1907 255, 256, 257, 258, 259 provisions of convention with respect to, when to apply as of right, 1907 359 recourse to intfernational, against certain powers to be in form of actions in damages, 1907 263 resolution of ratification of international convention for, 1907 262 suit for damages, how brought before, 1907 263 validity of capture of merchant ships, how decided by, 1907 250 Protocol — ' industrial property, convention with respect to, modified by, 1911 378 international prize court, modification of international convention by, 1907 . 262 naval conference, modified by, 1909 323 wireless telegraph convention, additional agreement by, 1912 194 Radiograms. (See Wireless telegraph convention.) Radiotelegraphy, provisions of international telegraph convention, St. Peters- burg, 1875, applicable to, 1912 190 Report of drafting committee to naval conference, 1909 282-323 Sanitary convention, international 390 appendices, 1913 430 Khedival decree, June 19, 1893, 1913 431 Khedival decree, December 25, 1894, 1913......... 436 measures of defense against contaminated territories, 1913 402 measures of defense against contaminated territories — in porta and at maritime frontier? — classification of vessels 404 measures concerning plague 404 concerning cholera 406 concerning yellow fever 407 provisions common to all 407 land frontiers — travelers, etc., 1913 409 merchandise— disinfection, importation, and transit— baggag, 1913. . 402, 403 notification of the prescribed, 1913 402 penalties 426 provisions applicable to Orient and Far East, 1913 410 pilgrimages, 1913 417 ministerial decisions of June 19, 1893, 1913 437 regulations concerning passage of quarantine trains through Egyptian ter- ritory, 1913 430 vn Treaties, conventions, protocols, and agreements not in force. Sanitary convention, international — Convention. Page. resolution of ratification, 1013 441 rulea to be observed by countries signinj^, 1913 399 area, when considered contaminated or healthy, 1913 400 measures in contaminated ports on departure of vessel, 1913 401 notification and subsequent communications, 1913 399, 400 Burveillance and execution, 1913 427 Ship canal — a--8ignment by Republic of Panama to the Republic of Colombia right to receive payment from United States, 1909 237-239 citizens of Panama to have same privileges in respect to use of, as those of most-favored nation, 1909 241 Colombia, agents and employees of, entitled to free passage on railroads pending construction; exception, 1909 236 to have liberty of conveymg troops, materials for war, and ships of war through, 1909 235 to have liberty of conveying troops over railroad pending construc- tion of , 1909 236 Colombian mails, free passage through, 1909 236 Colombian products admitted to entry into zone of, at same duty as those of the United States, 1909 236 convention with Colombia with reference to, 1903 223 with reference to, 1 909 235 convention with Panama with reference to, 1909 239 when to become operative 242 pending construction of, products of Colombia conveyed over railway at lowest rates, 1909 236 renunciation by Colombia of rights and contracts relating to construction of , 1909 ■ 237 resolution of ratification of treaty of 1909 with Panama respecting 242 supplies for Colombian laborers on, admitted free of duty, 1909 236 Trade-marks. {See also Industrial property.) commercial names protected without deposit or registration whether or not, 1910 357 annullment of registration of, 1910 356 comity of recognition of, 1910 355 fees for protection of, in foreign States, 1910 355 time within which to be paid ; priority, 1910 355 international convention respecting, 1910 254 international bureau to protect, location and duties of, 1 910 357-358 rules and procedure of, 1910 359 when to be created, 1910 359 ownership of, includes what rights, 1910 356 previous treaties substituted, 1910 359 priority of deposit of, how determined, 1910 356 prosecution for falsification, etc., of, 1910 356 union of American nations constituted to protect, 1910 357 what to be considered as, 1910 356 Translations, protected by copyright, 1910 _ 351 Treaties, to be observed by prize courts in deciding questions of law, 1907.. 251-252 Treaty. (See Convention.) Vessel — cargo and, condemnation of, for resistance to search, 1909 280 character of goods and, how determined, 1909 279 disposition of, by prize court, 1907 252 neutral, not subject to capture for having on board member of armed force of enemy, 1909 277 disposition of cargo, papers and, when captured, 1909 277, 278 engaged in unneutral service, penalty for, 1909 277 under convoy, exempt from search; exception, 1909 280 when considered engaged in unneutral service, 1909 276-277 transfer of, to neutral flag, when valid, 1909 278, 279 wrongfully captured entitled to compensation, 1909 280 76844°— S. Doc. 1063, 62-63 30 vni Treaties, conventions, protocols, on4 agreements not in force. Wireless-telegraph convention — Page. international, 1912 1 85 additional agreement with reference to, pro\'ided for in protocol, 1912 194 all radio installation subject to pro\dsion8 with reference to disturbance and distress calls, 1 912 189 coastal stations defined by, 1912 186 certain provisions of international telegraph convention, St. Petersbui^, 1875, applicable to radio-telegraphy, 1912 190 conference to modify, make regulations, how composed, 1912 188 connection with telegraph system provided for, 1912 186 disagreement concerning regulations submitted to arbitration, 1912 190 distress calls to have priority, 1912 187 exchange of radiograms to be facilitated, 1912 187 International Bureau of the Telegraph Union to collect and publish infor- mation, 1912 189 international bureau to perform administrative work referred to it, 1912.. 189 laws of powers to be communicated to each other, 1912 190 legislation to carry out measures provided for in, 1912 190 modification of international, provided for, 1912 187 naval and military stations subject only to provisions of, referring to dis- turbance and distress calls, 1912 190 provisions of, bo apply to all radio stations open to public service, 1912 186 radiograms to be exchanged without distinction of system adopted ; excep- tions, 1912 186 rates for transmitting radiograms, 1912 187 rates fixed by, abstained from by United States, 1912 194 regulations — accounts and payment of charges, 1912 213, 214 collection of charges, 1912: 205 delivery of radiograms at destination, 1912 210, 211 form of posting radiotelegrams, 1912 203 hours of service of stations, 1912 202, 203 international bureau, 1912 214, 215 meteorological radiograms, time signals, and other radiograms, 1912. 215,216 miscellaneous provisions, 1912 216, 217 organization of radio stations, 1912 198, 199, 200, 201, 202 rates 203,204,205 rebates and reimbursements, 1912 212, 213 special radiograms, 1912 211, 212 transmission of radiograms and signals, 1912 205, 206, 207, 208, 209, 210 resolution of ratification of, 1912 222 rates, right to fix, reserved by Canada, 1912 194 regulations to have same effect as international, 1912 187 right reserved to fix rates from stations not subject to provisions of, 1912.. 189 special communications not subject to public regulations, 1912 187 stations not to disturb each other, 1912 187 voting power in conference, 1912 188 o