76. To same, information about the ownership of the ground and building occupied by United States forces at Nueva Ecija.

77. To the census bureau, an extensive information, showing foundation dates of the Archipelago provinces.

78. To same, report of the importation and exportation through the custom-house of these islands during the last ten years of the Spanish sovereignty.

DEPARTMENT OF PUBLIC INSTRUCTION,
BUREAU OF PATENTS, COPYRIGHTS, AND TRADE-MARKS,
Manila, September 15, 1903.

Hon. JAMES F. SMITH,

Secretary of Public Instruction.

SIR: Upon my assuming charge of the bureau of patents, copyrights, and trade-marks, under and by virtue of Act No. 744, dated April 8, 1903, there were pending 32 applications for registration of trade-marks from residents of these islands.

Since that date and up to August 31 the following number of applications were filed in this office: For trade-marks, 102, 3 of which were from the United States; for copyrights, 3, 1 of which was filed by an American, 1 by a Filipino, and 1 by a Spaniard; for patents, 43, all from the United States; for certificates of transfer of patents, 2, also also from the United States, and 1 application was received for a certified copy of a trade-mark registered in the United States.

Before final action could be taken on these applications a complete examination of a large number of documents was necessary in order to prevent imitations, and forms of certificates to be issued to the applicants had to be printed.

In their efforts to increase their business, the Chinese employ unfair methods in competition with merchants and business agents of good standing, particularly among the natives of the islands, and falsify the products of reputable business houses by imitating their trade-marks instead of inventing trade-marks of their own. For this reason this office was obliged to disapprove 20 applications for registration of trade-marks which were imitations of others registered in the time of the Spanish Government.

During the period between April 20, the date on which I actually took up my duties as chief of the bureau of patents, copyrights, and tradewere issued by this office, producing a revenue of $1,025 United States marks, and August 31, 1903, 41 certificates of registration of trade-marks currency, at the rate of $25 each, in accordance with the provisions of Act No. 666, dated March 6, 1903, and 3 certificates of registration of copyrights, mentioned above, as applied for, on which a fee of 50 cents each was collected, or a total of $1.50. During the same period 43 patents and 2 certificates of transfer of patents were registered, the revenue from which amounted to $45, at the rate of $1 each, in accordance with the provisions of circulars 12, 21, and 34 of the War Department. A certified copy of one of the trade-marks included in the number mentioned above was issued, on which a fee of 35 cents was collected.

The revenue collected by this office from the date I took charge to August 31 amounts to $1,071.85, but as this report should cover the period from September 1, 1902, to August 31, 1903, there should be WAR 1903-VOL 7- -61

added to the above amount the revenue derived from September 1, 1902, to April 20, 1903, the date I assumed charge.

During this latter period a revenue of $105 was collected for registration of 60 patents, 33 trade-marks, and 12 certificates of transfer of trade-marks, all applied for from the United States, and registered under the provisions of military circular No. 12, which, added to the above-stated amount, shows a total revenue of $1,176.85 collected during the twelve months from September 1, 1902, to August 31, 1903. Of the applications for registration of trade-marks received up to August 31, there remain 61 to be disposed of, to which number should be added 13 received during the present month. These 74 applications will all be disposed of this month, and at the rate of $25 each will produce a revenue of $1,850.

Twelve trade-marks, originating in the United States, forwarded to this office for registration in accordance with the circulars of the War Department, were returned through the executive bureau, as only the fee of $1 fixed in said circulars had been sent, and registration under the new law, Act No. 666, called for a fee of $25.

I well realize the considerable expense that would be occasioned to the insular treasury by establishing a patent office in these islands, on account of the technical personnel that would be required. However, I desire to suggest that the applications of residents of these islands be admitted in this office, as a kind of branch of the existing office in the United States, to where they could be forwarded through the executive bureau. In this manner an adequate and sure method of obtaining the necessary patents would be afforded, whereas at present the applicant is obliged to forward them direct to the United States office, with a possibility of loss. Such a risk would cause a drawback to persons intending to invent articles of manufacture, instruments, and machinery, which articles would primarily benefit the interests of this country.

The idea is also suggested to me to propose the acceptance of the applications presented by the natives of the islands, to whom, I understand, the benefits accorded by the laws of the United States do not reach, owing to the fact that they are not recognized as citizens of the United States, or, better stated, that their citizenship has not been determined.

Treating of a people brought under the protection and government of the United States, the preterition that places the native under a worse condition than any other citizen who by reason of being a foreigner enjoys the same rights accorded to others of other countries is not understood.

The admission, then, of the patents of the Filipinos would not only stimulate their affection for study, but would also be a measure of great political significance, so necessary for the prosperity of these islands.

The transfer of the bureau of patents, copyrights, and trade-marks to my charge carried with it the central office of registration of large cattle. Nothing, however, has been done in this work, owing to the fact that under Act No. 791, passed June 1, 1903, the operation of Act No. 637, entitled "An act regulating the registration, branding, conveyance, and slaughter of large cattle," was suspended until the 1st day of August, 1903, for the purpose of introducing certain reforms and amendments in its provisions.

The actual working force of this bureau outside the chief consists

of 2 clerks, one at a salary of $900 and the other at a salary of $600 per annum, notwithstanding that our appropriations provide for one clerk at $1,400 per annum, one at $1,000, one at $600, and a messenger at $120. The $1,400 and $120 positions are still vacant. The $1,000 position is to be filled by Mr. José Torres, who is receiving $900 until such time as his duties will permit him to prepare himself to qualify in an examination for promotion under civil-service rules. Mr. Torres is an intelligent and zealous employee and has given entire satisfaction in the performance of his duties during my connection with the bureau. M. DE IRIARTE,

Very respectfully,

EXHIBIT D 1.

Chief of Bureau.

LANDS OF ARROCEROS AND THE AGUADAS.

Hon. WILLIAM H. TAFT,

Manila, P. I.

(Through Hon. J. F. SMITH, Secretary of Public Instruction.)

The question between the military and the city of Manila in regard to the Arroceros grounds is not new. It dates from the year 1848-that is, there have been fifty-five years of litigation, as appears from the records of these archives-and upon the termination of Spanish sovereignty in these islands not one of the many questions raised in regard to this matter has been settled.

The War Department, which represents the military, and the municipality for itself, each claims the right of ownership of said ground; but neither of the two presents any title incontrovertibly proving its claim, which is simply based on sophistic argument, for which reason, perhaps, it has been impossible to give a clear and definite solution to the matter.

After a careful examination of the records, laws, and orders on file in these archives, it appears that the governor captain-general, by decree of May 4, 1838, provided that the sum of 4 reales (50 cents) should be collected from each of the Chinese dyers who laid out their goods to the sun in front of the barracks, now known as Cuartel Fortin, to pay the expenses of the offices of the "mayoria" of the city. (The mayoria was the military department in charge of the fortified city of Manila, and the office of the "mayoria" might be compared to what, under the American rule, is known as "headquarters post of Manila".) This charge was collected until in the year 1848; that is, ten years afterwards the city government of Manila provided that after the 1st of February of said year it should be collected and turned into the general fund of the city. This was the origin of the long litigation which has since then taken place between the municipality and the military, not only in regard to these grounds, but also those of Arroceros and the Aguadas.

The question being taken up, the military contended in support of its claim that this land was within the 1,500-yard limit designated as a polemic zone for the defense of the plaza,a and therefore belonged to the military. It was alleged that on this land were the towns of San Anton, San Miguel, Santiago, and others, which were demolished because they constituted an obstacle to the defense of the plaza, the treasury (the State) giving other lands to the people who had occupied them; and that afterwards, with the object of improving the appearance of the place, it was provided by a decree of the captain general, dated September 11, 1794, that this land should be divided up among various persons to be made into recreation grounds and parks, it being provided in Clause XI of the decree "that this action did not give any title of ownership to the said grounds because they belonged to the King, and being so near the plaza the people will have to leave them and take down their houses in case his majesty disapproves of it." It therefore appears indisputable that they belonged to the King and not to the city.

a The word "plaza" wherever used in this report means a fortified town or place. As the city of Manila proper (the Walled City) was fortified it was known as the "Plaza de Manila."

The municipality based its claim on a royal order of November 20, 1780, which declared that the land, on which the town of San Anton and the barrio of Santa Catalina were situated belonged to the city; a royal order of December 22, 1781, ordering the expulsion of the inhabitants from the Parian because it belonged to the city; a decree of the superior government dated September 17, 1794 (this must be the decree of September 11, before cited), ordering that the Arroceros land be divided up to be made into gardens, and the decree of the 25th of the same month in which the municipality was asked if, in the exercise of its right of ownership, it wished to plant gardens in the interest of its residents, it being impossible to reestablish the Parian.

But the city was requested to show copies of said orders, and it does not appear that these were presented, as they are not included in the record of the case, and the question was not decided.

When the school of botany and agriculture was created by a decree of the general government of September 13, 1858, on the ground on which the botanical garden is now situated, in Article II of this decree it was declared that the ground was owned by the city, but by the royal decree of May 29, 1861, approving the former decree, the part referring to ownership is left out.

In July, 1864, the city requested of the governor-general authority to sell the grounds in which the garden is situated, as they were not fit for private buildings, in view of the government having granted permission to build on the Arroceros ground. When this question was raised, there also came up the question of ownership of the garden grounds, and the council of administration, in its report, was of opinion that the authority requested by the city should be refused, in view of the fact that the city did not have documents proving its title to said property. It does not appear that a definite decision has been given to this question, and for this reason the garden continued in the same place as at present.

Some months afterwards the same question came up with regard to the Arroceros grounds, one Manuel Martinez having requested of the city permission to put up on these grounds an arena for bullfights, to which the commandant of the military engineers was opposed, because the grounds were within the military zone. This also brought up the question of doing away with the garden and selling the ground, and the council of administration, in its report, stated: "With regard to the ownership of the land, it must not be forgotten that these grounds were greatly enlarged when Fernando de Norzagaray was governor-general by converting some mangrove swamps into useful land with the work of soldiers and convicts, but it must not be understood by this that the council prejudges the question of ownership." It afterwards added "that to equitably decide the question of the ownership of this property it would be proper to name a mixed commission; that any decision made on this question should not embarrass the execution of any plan that might be adopted, all without prejudice to the rights of the respective parties, because, if before deciding the ownership of the property it should be necessary to dispose of the same the purchaser could pay the cost into the treasury (i. e., the State) and take possession, as the question of ownership would have to be discussed only between the city and the State, and neither would be prejudiced by the settlement of his account; and, lastly, that it would not be proper to hold up a very useful decision, such as converting the field of Aguadas into a park, with small houses, symmetrically built, simply because the real ownership of the property was not decided." This question, like the rest, was also never definitely decided.

In the year 1868, due undoubtedly to the frequent contentions between the municipality and the military, a commission on jurisdictional limits was formed, and with it was consolidated the commission charged by the royal order of September 2, 1836, with the formation of new plan of buildings for the outlying districts of the city. This commission, as consolidated, was composed of the commandant of engineers of the plaza, one alderman of the city, the captain of the port of Manila, the assistant chief inspector of public works, the military judge-advocate (auditor de guerra), assistant attorney-general of the supreme court, the inspector-general of public works, the naval judge-advocate (auditor de marinas), and the city attorney. In this way each branch of the administration had its representative, with the object in view that the work of the commission should be based on complete harmony of the interests intrusted to each branch.

The question of ownership of the land situated not only to the left of the Pasig River, but also to the right of the same, on which were populous districts of Binondo, Santa Cruz, and Quiapo, was then brought up.

The military founded its claim on the right of conquest, without which the first governor-general of the Philippines, Lopez de Legaspi, could not have taken possession of Manila, by virtue of which all the lands of the Philippines were Crown lands.

It refuted the argument of the municipality with regard to appointment of an exchange broker for the property of the city and the power of aldermen to divide up land, and asked: Which are these lands? With regard to the Parian de Sangleyes (Chinese market) the military also asked: What was this Parian, and what has become of it when in 1709 the Chinese were exiled, a step which was confirmed in 1747 by a royal cedula of later date than that cited by the municipality, and which consequently was revoked? It cited the royal order of October 18, 1777, which ordered the demolition of all the districts of Manila, including the Parian, after proper indemnities had been paid, as is proven by the records in the archives of the office of the captain-general, which disproves the assurance of the municipality that up to 1784 it had not been disturbed in the peaceful possession of these grounds; and it concluded by stating, with regard to the part to the right of the Pasig River, that the city represented Spanish interests, but that it wished to protect those of the natives, mestizos, Chinese, and foreigners.

The muncipality denied the right of conquest alleged by the military, and basing its argument on instructions given by the King to Legaspi before the latter came to these islands, showed the peaceful intentions of the monarch in regard to everything connected with the occupation of this country, he charging that no private property or effects should be taken from the natives, nor should they be injured, bothered, nor mistreated in any way; and that in the order given to Gomez Perez Dasmariñas in 1589 to build a defense around the city the mention of "enemies" only referred to adjacent countries, aside from the fact that said order was issued eighteen years after the foundation of Manila. It showed that Legaspi established the city of Manila on June 24, 1571, marking out places for the public square and for the church and convent of San Agustin, peopling the city with Spaniards, with aldermen and mayors (alcaldes), and empowering these latter to divide up lands among the people, reserving space for the public streets; that when the position of exchange broker for the property of the city was created in 1574 the ownership of the grounds possessed by the residents and inhabitants was recognized. Basing its claim on the above the city affirmed that the ownership of the municipality was prior to any other, an ownership recognized by the King when he ordered that property rights of the natives should be respected.

The municipality cited in its support a royal cedula of July 8, 1804, which reads literally as follows: "It has been reported to me by that city that I, having given the Parian de Sangleyes to be the property of the city, and this being ground belonging to the city and occupied and used by it, my governors of these islands have interfered and interfere to the prejudice of the city by granting portions of said Parian to some persons, which results prejudicial to the city, etc.; I order you to send me very particular information as to the matter, together, with your opinion, and that, until the matter has been decided, you carry out the royal cedulas which have been issued in regard to same." It then went on to copy another royal cedula dated September 6, 1784, which ordered that only the buildings be demolished which were obstacles to the work of the contre fosse (outer moat), leaving standing the others within range of the cannon, including churches of Parian and Dilao and the hospital of San Lazaro. It stated that this document proved that neither in 1662 nor before 1784 had the city been disturbed in the peaceful possession of its property, and that the order of the latter date did not give the ownership to the plaza, but merely prohibited construction within cannon range, not on the right but only on the left of the Pasig River. It called attention to this point and stated that with regard to the right side of the Pasig River the arguments it could advance in defense of the ownership of all the municipal territory were even more powerful, because this was not only represented by the land itself, but by the business of the whole Archipelago, which existed and was developed on that land, aside from the fact that according to expert opinion the right side of the Pasig River was not of the greatest importance for the defense of the plaza.

The fundamental arguments of both sides being examined, the commission issued an extensive report dated July 4, 1868, in which it set forth that because of the military laws being forgotten not only was the military zone invaded, but that some parties committed the abuse of building on the right and left banks of the Pasig and along its creeks; that the outer districts constituted an obstacle to the defense of the plaza, on account of which the military and civil interests were in open conflict, and that for this reason it would be better for the plaza to give this tactic zone to the city, and at the cost of the latter change and improve the fortifications; the cost of such improvement was estimated at 4,000,000 pesos, which was to be raised by taxation, thus making the city the true and lawful owner of the property it held by toleration and trespass and contrary to law; starting out on this basis it proposed a new map of the districts, giving new limits to the city under conditions expressed further on in the report.