No. 75.] Mr. Uhl to Mr. Taylor. DEPARTMENT OF STATE, SIR: In connection with Department's instruction No. 65, of the 9th instant, I here with transmit for your information a copy of a letter of December 21 last, from Mr. S. C. Neale, covering a decision of the committee of arbitration in the matter of the fine of $2,400 imposed on the American steamer City of Washington at Havana for mere clerical error in the vessel's manifest. You will accordingly bring this decision to the attention of the minister for foreign affairs, to the end that his Government may see the unwarranted action on the part of the officials at Havana in imposing fines for errors so simple and so evidently unintentional. I am, etc., INTERNATIONAL NAVIGATION COMPANY, Washington, D. C., December 21, 1893. MY DEAR SIR: In the matter of the fine imposed on the steamship City of Washington for erroneous manifesting, I beg to herewith hand you translation of the copy of the decision rendered in Havana, the subject-matter having been referred by the authorities to arbitration. I venture to suggest that this translation should be forwarded to Mr. Taylor at Madrid, with a view of bringing the same before the attention of the Spanish Government, and proving thereby the unwarranted action on the part of the officials at Havana in imposing fines for errors so simple and so clearly unintentional. Very truly, yours, S. C. NEALE. [Annex to inclosure in No. 75-Translation.] HAVANA, December 5, 1893. At the request of Messrs. Hidalgo & Co., consignees of the American steamers of the New York and Cuba Mail Steamship Company, who availed themselves of paragraph 4, article 82 of the customs laws, to decide the matter of fine of $2,400 imposed on the American steamer City of Washington, the following gentlemen acted as a committee of arbitration: The custom-house collector and cashier, two custom-house inspectors, two representative merchants, composing one side, and for the other Mr. Carlos Reyna, as representative of the house of Hidalgo & Co., and Mr. Regino Truffin, a merchant of this city. Mr. Reyna stated that though it was quite true an error had been made in the manifest of said steamer, 2,590 kilos having been entered on the manifest instead of 25,900, as set forth on the bill of lading, and pertaining to 141 tierces of lard, he begged to call the attention of the committee to the following: First. That the said merchandise did not belong to the parties he represented, nor was it consigned to them. Second. That as the class of merchandise was exempt from duty by virtue of the treaty of reciprocity between Spain and the United States there could not be even a suspicion that said mistake had been committed for purposes of fraud. Third. That the error was clearly explained by the bill of lading in his possession, which he exhibited, calling the attention of the committee to the last cipher of the item of 25,900 kilos, which cipher was written upon a printed clause covering the bill of lading, which clause referred to the matter of nonresponsibility by the vessel as to breakages or leakages, and that the said cipher, being almost imperceptible, was not noticed by the clerk who wrote the manifest, this being clearly the reason for the error. Therefore he expected that the good, sound judgment of the gentlemen composing the committee would favor a decision condoning said fine. The committee, taking into consideration the facts as set forth by the representative of Messrs. Hidalgo & Co., acceded unanimously to the condonement of the fine. No. 105.] Mr. Taylor to Mr. Gresham. LEGATION OF THE UNITED STATES, Madrid, January 11, 1894. (Received January 22.) SIR: After the receipt of your No. 65, with inclosures, touching the embargo levied upon the property of Hidalgo & Co., I began to prepare a statement of the case in accordance with your instructions. In the meantime I have received your Nos. 67 and 75 on the same subject. In the last you inclose me a copy of a letter dated December 21, 1893, from Mr. S. C. Neale, covering a decision of the committee of arbitration in the matter of the fine of $2,400 imposed on the American steamer City of Washington at Havana for mere clerical errors in the vessel's manifest. In accordance with your instructions I have transmitted a copy of this decision to the minister of state, with the suggestion that it presents a specially clear illustration of the unwarranted action so often taken by the officials at Havana in imposing fines for errors so simple and so evidently unintentional. I beg to call your attention to the fact that a material part of this case still remains undisposed of. I refer to the fines aggregating $944, imposed in sums ranging from $10 to $304, for unimportant errors in twelve different manifests. Does your No. 65 remain in full force as to these fines not embraced in the arbitration? Shall I prepare a statement as to them, under the instructions contained in your No. 65, referring only incidentally to the fine of $2,400 already disposed of? Please cable me upon this point upon the receipt of this dispatch. I am, etc., HANNIS TAYLOR. No. 87.] Mr. Gresham to Mr. Taylor. DEPARTMENT OF STATE, SIR: I have received your No. 105, of the 11th instant, in regard to fines imposed on vessels in Cuba for clerical errors in manifests, in which you acknowledge the receipt of instructions Nos. 65, 67, and 75. Stating that you have transmitted a copy of the decision of the committee of arbitration in the matter of the fine of $2,400 imposed on the steamer City of Washington, which was inclosed in the Department's No. 75, to the minister of state, and calling attention to the fact that fines aggregating $944 for unimportant errors in twelve different manifests remain undisposed of, you inquire whether instruction No. 65 remains in full force as to these fines not embraced in the arbitration, and whether you shall prepare a statement as to them under instruction No. 65, referring only incidentally to the fine of $2,400 already disposed of. In reply, I have to state that the decision of the committee of arbitration in Havana upon the fine of $2,400 was sent to you for transmission to the Spanish Government, because the opinion of the arbitrators agreed with the views of the Department upon the subject expressed in instruction No. 65 of December 9, 1893. It was forwarded as evidence, and not with any intention of superseding that instruction either as regards the remaining fines levied upon the Ward Line of steamers or the general question of fines for mere clerical errors in manifests of vessels where there is no suspicion of fraudulent intent. The Department desires that the whole subject of the lack of reciprocity in the treatment of American vessels in Spanish ports, aside from the demand for the return of the particular fine, be brought to the attention of the Spanish Government in accordance with the terms of the instruction referred to above. It would, therefore, be advisable to discuss the general subject in a separate note, and, at the same time, referring to this note, to give in another note the details of the particular fines as examples of the abuse complained of, and to ask for a reversal of the decision of the Cuban authorities. In addition to the remaining fines upon the consignees of the Ward Line, enumerated in the inclosure to the above instruction and amounting to $944, the legation has since been instructed regarding other fines in the Department's No. 79, of January 6; No. 82, of January 12, and No. 86,1 of January 20. These all belong to the class of fines under consideration, and, with a reference to the note containing the general discussion, may be presented in separate notes at the same time and in the same way. I am, etc., W. Q. GRESHAM. Mr. Gresham to Mr. Taylor. No. 196.] DEPARTMENT OF STATE, SIR: Referring to the Department's instruction No. 190,1 of the 14th instant, in a similar case, I inclose herewith copy of a letter received from Messrs. Máicas & Co., of New York, and copy of a dispatch from the U. S. consul-general at Havana, in relation to the action of the customs authorities at Cienfuegos, Cuba, in imposing a fine of $500 for a clerical error in the ship's manifest of the steamer Cienfuegos. Inasmuch as, in this particular case, the error in the manifest was discovered by the shippers before the arrival of the steamer at Cienfuegos, and was reported by them at once, it appears to be a strong case on which to make issue. You are instructed to press vigorously for some action on the part of the Spanish Government, and to insist upon receiving an expression of opinion in this case, which appears to be an exceptionally hard one in the long list of similar exactions. . I am, etc., W. Q. GRESHAM. 'Not printed. [Inclosure 1 in No. 196.] Máicas & Co. to Mr. Gresham. NEW YORK, August 20, 1894. (Received August 21.) SIR: The undersigned, Máicas & Co., commission merchants, established in this city at Nos. 104 and 106 John street, respectfully depose and say that they shipped on the 2d instant per steamer Cienfuegos, bound to Cienfuegos, Cuba, 60 bags flour, weighing 5,400 kilos. By an oversight the weight was put on the bill of lading as being 540 kilos. Two days after the sailing of the said steamer Cienfuegos the error was detected, and immediate notice thereof given to the Spanish consul at this city, with the request to report the case to the intendente at Havana, for proper rectification of the custom-house manifest upon the arrival of the said steamer Cienfuegos at the port of destination. Deponents are now informed that the intendente refuses to act in the matter, as requested; and as this refusal entails the imposition of an unjust fine amounting to more than the value of the flour, deponents respectfully claim the intervention of the Department of State, on the ground of their United States citizenship, and the fact that no forethought or attempt at defrauding the Spanish treasury can be alleged by the Spanish authorities, since the error was frankly acknowledged six days before the arrival of the above-named steamer Cienfuegos, all of which can be ascertained by official investigation. With our sincere thanks in advance for this signal favor, and the assurance of our respect and consideration, We are, etc.; MAICAS & Co. No. 2331.] [Inclosure 2 in No. 196] Mr. Williams to Mr. Uhl. CONSULATE-GENERAL OF THE UNITED STATES, Havana, September 13, 1894. (Received September 20.) SIR: I have the honor to acknowledge the receipt of the Department's instruction No. 989, of the 24th ultimo, in relation to the fine of $500 imposed by the custom-house of the port of Cienfuegos for a clerical error in the shipping documents of 60 bags of flour sent by Messrs. Máicas & Co., of New York, on the 2d ultimo, by the steamer Cienfuegos to that port. In explanation of the facts of the case I now inclose a copy of the report of our consul, Mr. Dinsmore, at Cienfuegos. From this it appears that the consignee or importer of the flour, Mr. Jose Maria Alonso, a resident merchant of Cienfuegos, gave information of the error in question to the intendant before the arrival of the flour. And in compliance with your instruction I have called on the intendant in solicitation of the condonation of the fine, in support of which I explained to him the means afforded to Spanish exporters by the customs regulations of the United States for the removal or remission of fines for clerical errors; but with his usual affability he assured me that under paragraph 3 of article 8 of the customs regulations of this island it is reserved solely to the colonial minister to condone fines for reasons of equity, with whom recourse might be had through our legation at Madrid. I am, etc., RAMON O. WILLIAMS, Consul-General. [Annex to inclosure 2 in No. 196.] Mr. Dinsmore to Mr. Williams. CONSULATE OF THE UNITED STATES, SIR: I have the honor to acknowledge the receipt of your communication of the 31st ultimo, in regard to a fine levied by the customs authorities here upon a shipment of flour from New York on the 2d of August, by the steamship Cienfuegos, of this city, by Messrs. Máicas & Co., and also the copy of their letter to the honorable Secretary of State, inclosed. Your communication reached me at 7 p. m. yesterday, and I invesgated the matter this forenoon as directed, and I beg leave to report as follows: First. The consignee of the flour in question is Don José Maria Alonso, No. Santa Ysabel street, this city. Second. A fine of $500 was imposed by the customs authorities. Third. The consignee does not know upon what article or paragraph of the customs regulations the fine was imposed. Fourth. Answered under No. 2. Fifth. The fine has not been paid, but is treated as paid by the collector; this is given me in confidence. Sixth. The consignee wrote to the intendente at Havana through the custom-house there, explaining the matter, and showing that it was occasioned by a clerical mistake, i. e., writing 540 kilos instead of 5,400 kilos, and showing further that the collector of customs here was notified by cable of the mistake before the arrival of the Cienfuegos at this port. Notwithstanding this statement, the intendente, as consignee is informed, instructed the collector of this port to collect the fine. So far the consignee has done nothing more by way of defense, but he says he will protest formally against the payment. The consignee says further that if the order for the collection of the fine is not promptly revoked he will have to pay it; that he will ascertain to-morrow or next day, the 4th or 5th instant, under what article and paragraph the fine is assessed, and will report to me, which information I will transmit to you as soon as obtained. I am, etc., No. 245.] JAMES H. DINSMORE, U. S. Consul. Mr. Taylor to Mr. Gresham. LEGATION OF THE UNITED STATES, Madrid, October 9, 1894. (Received October 22.) SIR: I have the honor to report, in reply to your Nos. 196 and 1971 of the 22d and 24th ultimo, that I have specially presented the case of Messrs. Máicas & Co., with the request that an early indication be given as to the course which will be pursued in that and similar cases. As I have already informed you, I have presented over and over again, by note and by personal interview, all the arguments which can be made against the imposing of these unjust and excessive fines, all of which have so far been fruitless. I inclose you herewith a copy of my note in the case of Messrs. Máicas & Co., and unless you instruct me to the contrary I will make no more general arguments upon the subject until a definite reply has been received to the same. Under your instructions I will consider that as a test case and press for action accordingly. I am, etc., HANNIS TAYLOR. [Inclosure in No. 245.-Telegram.] Mr. Taylor to Mr. Gresham. MADRID, December 20, 1894. I have induced minister for the colonies to order by telegraph transfer for review of seven hard cases selected by me, including Máicas and Hidalgo. He promises immediate and equitable action as to all unjust fines. TAYLOR. 1 Not printed. |