Papers Relating to the Foreign Relations of the United States

No. 271.]

Mr. Hay to Mr. von Holleben.

DEPARTMENT OF STATE, Washington, June 2, 1899. EXCELLENCY: As I had the honor to inform you on the 16th ultimo, I on that date requested the Secretary of Agriculture, to whom your note of March 10 last had previously been referred, to expedite a reply thereto with as little delay as possible.

In that note you cite the provisions of the act of Congress, approved March 1, 1899, relative to the inspection and analysis of articles imported into the United States supposed to be dangerous to the public health, and asked for information, as follows:

1. Whether there are any legal provisions in the United States relative to the use of paint on toys, and if so, what the nature of those provisions is.

2. Whether, if there are no such positive provisions in the United States, the positive restrictions which have been adopted in Germany, as regards the use of paint on toys, as they appear from the law, are considered sufficient by the United States Government.

3. As to the result of any analysis that may have been made by the United States Department of Agriculture of toys imported from Germany.

4. As to the regulations which have been adopted by the Federal Government and by the several States relative to the adulteration of food and drink, which are referred to in the act of Congress of March 1, 1899.

In reply to your first inquiry, the Secretary of Agriculture, whose response is before me, states that his Department has made no examination of the laws of the several States relative to this question, and that therefore he is not in a position to answer authoritatively, but he adds that where there are no specific statutes he has no doubt but that general statutes will apply, but that their construction would be under the jurisdiction of the several courts.

With reference to your second inquiry, Mr. Wilson is unable to express an opinion as to the sufficiency of the German law, as much depends upon its application under the influence of local interests. Whether the law is or is not sufficient can only be determined by the actual results which follow its application.

With reference to your third inquiry, the Secretary of Agriculture states that the paint on a considerable number of toys has been analyzed, some of these toys having been made in Germany, and that a portion of the German toys were painted with compounds of lead, chromium, cobalt, and other poisonous paints.

Relative to your fourth inquiry, Mr. Wilson states that it is understood that numerous laws in regard to the purity of articles of food have been adopted in the various States, and that others are under consideration both in Congress and in State legislatures. As State legislation is entirely distinct from Federal legislation, and as its enforcement is not under the jurisdiction of the Federal Government, the Secretary of Agriculture has not compiled the statutes or the decisions. which have been made in regard to them.

The importation of articles into the United States comes, however, exclusively under Federal jurisdiction, and it is entirely within the province of Congress to legislate in regard to importations, and for the

executive departments to enforce such legislation without regard to the laws of the several States. That is, it is the duty of the Federal Government to protect the people of the various States from impure, adulterated, or poisonous articles imported from other countries.

I had the honor some time ago to call your excellency's attention verbally to the deep interest which was felt by His Majesty the Emperor, and the Imperial Government in the establishment, as speedily as possible, of direct submarine telegraphic communication between the German Empire and the United States of America. A plan relative to this matter has now been set on foot by a German company and the necessary funds have been secured. The project is in the hands of the German-Atlantic Telegraph Company, and the capital raised amounts to 20,000,000 marks. The firm of Felten & Guilleaume, which belongs to said company, has sent Mr. W. J. Spoerer to this country as its representative.

I have the honor herewith to transmit to your excellency a petition. on this general subject presented in the name of the aforesaid company, from which the particulars will be seen and which will, if desired, be followed by more complete details; and I express the pleasing hope that your excellency will receive this petition with favor, and that the accomplishment of the plan will form a stronger link between the two friendly nations.

Accept, etc.,

HOLLEBEN.

[Inclosure.]

Mr. Spoerer to Mr. Hay.

ARLINGTON HOTEL, Washington, D. C., March 28, 1899.

SIR: The undersigned firm of Felton & Guilleaume, of Carlswerk, Mülheim-on-theRhine, Germany, for and on behalf of the Deutsch-Atlantische Telegraphen Gesellschaft (German Atlantic Telegraph Company), a corporation which has been organized under the laws of the Empire of Germany, respectfully make application to the Government of the United States of America for permission to land on the shore of the United States a submarine telegraph cable, which that company proposes to lay and operate between Borkum-Emden, in the Empire of Germany and the city of New York, touching at the Azores, the point of landing in the United States now contemplated being Coney Island, city of New York, State of New York.

I have, etc.,

FELTON & GUILLEAUME, By W. J. SPOERER, Agent.

No. 232.]

Mr. Hay to Mr. von Holleben.

DEPARTMENT OF STATE,

Washington, April 10, 1899. EXCELLENCY: I have the honor to acknowledge the receipt of your note of the 29th ultimo, transmitting and strongly recommending to the favorable consideration of this Government the application of the firm of Felten & Guilleaume, of Carlswek, Mülheim-on-the-Rhine, Germany, for and on behalf of the Deutsch-Atlantische TelegraphenGesellschaft, a corporation organized under the laws of the Empire of Germany, for permission to land on the shores of the United States a submarine telegraph cable, which that company proposes to lay and operate between Borkum-Emden, Germany, and the city of New York, touching at the Azores.

The President having duly considered the said application, consents that the said company may lay, construct, land, maintain, and operate telegraph lines or cables on the Atlantic coast of the United States to connect Borkum-Emden, in the Empire of Germany, and the city of New York, touching at the Azores, this concession to become operative when the Deutsch-Atlantische Telegraphen-Gesellschaft shall have filed in the Department of State its formal acceptance in writing of the terms and conditions on which the said consent is given, and which are comprised in the memorandum inclosed herewith.

Accept, etc.,

JOHN HAY.

[Inclosure.]

MEMORANDUM.

In the matter of the application of the Deutsch-Atlantische Telegraphen-Gesellschaft of Germany for permission to land on the shores of the United States a submarine telegraph cable, to be laid between Germany and the United States.

The President having duly considered said application, hereby consents that said company may lay, construct, land, maintain, and operate telegraphic lines or cables on the Atlantic coast of the United States, to connect Borkum-Emden, in the Empire of Germany, and the city of New York, touching at the Azores.

It is a condition to the granting of said consent that said company first file with its said application, in the Department of State, its written acceptance of the terms and conditions on which said consent is given, to wit:

That neither the said company, its successors or assigns, nor any cable with which it connects, shall receive from any foreign government exclusive privileges which would prevent the establishment and operation of a cable of an American company in the jurisdiction of such foreign government.

II.

That the company has received no exclusive concession from any government which would exclude any other company or association, which may be formed in the United States of America, from obtaining a like privilege for landing its cable or cables on the shores of Germany, and connecting such cable or cables with the inland telegraphic systems of said country.

III.

That the said company shall not consolidate or amalgamate with any other line or combine therewith for the purpose of regulating rates.

IV.

That the company will, in the transmission of official messages, give precedence to messages from and to the Government of the United States of America and of other governments.

That the rates charged to the Government of the United States shall not be greater than those to any other government, and the said rates and those charged to the general public shall never exceed the present telegraphic rates between said countries, and shall be reasonable.

VI.

That the Government of the United States shall be entitled to the same or similar privileges as may by law, regulation, or agreement be granted by said company or its successors or assigns to any other government.

VII.

That the citizens of the United States shall stand on an equal footing as regards the transmission of messages over said company's lines with citizens or subjects of Germany or any other country with which said cable may connect.

VIII.

That messages shall have precedence in the following order:

(a) Government messages and official messages to the Government.

(b) Service messages.

(e) General telegraphic messages.

IX.

The said line shall be kept open for daily business, and all messages in the order above be transmitted according to the time of receipt.

That no liability shall be assumed by the Government of the United States by virtue of any censorship which it may exercise over said line in the event of war or civil disturbance.

XI.

That the consent hereby granted shall be subject to any future action by the Congress or by the President, affirming, revoking, or modifying, wholly or in part, the said conditions and terms on which said permission is given.

Deutsche-Atlantische Telegraphen-Gesellschaft to Mr. Hay.

KÖLN AM RHEIN, May 13, 1899.

SIR: The undersigned company, "the Deutsch-Atlantische Telegraphen-Gesellschaft," of Cologne, Germany, hereby respectfully begs to acknowledge the receipt through the medium of the foreign office of Berlin of the President's gracious consent that said company may lay, construct, land, maintain, and operate telegraphic lines or cables on the Atlantic coast of the United States, to connect Borkum-Emden,

in the Empire of Germany, and the city of New York, touching at the Azores.

The said company now hereby begs to file its acceptance of the proposed terms and conditions, on which said consent is given, to wit:

That neither the said company, its successors or assigns, nor any cable with which it connects shall receive from any foreign government exclusive privilege which would prevent the establishment and operation of a cable of an American company in the jurisdiction of such foreign government.

II.

That the company has received no exclusive concession from any government which would exclude any other company or association which may be formed in the United States of America from obtaining a like privilege for landing its cable or cables on the shores of Germany, and connecting such cable or cables with the inland telegraphic systems of said country.