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File No. 713.001/15.
NEW YORK, January 12, 1911. DEAR SIR: Replying to your note of January 10,1 I beg leave to state that I stand ready to appropriate the same sum as before for the erection of the Central American Court of Justice, viz, one hundred thousand dollars, whenever the States concerned agree upon the location and provide a site. There is, I am informed, some thirtyodd thousand dollars still in hand from the first fund I provided, all of which was drawn from me, which is to be returned and appropriated by me to the new erection. It will afford me much pleasure to send a competent architect to superintend construction, if so desired by the authorities. Very truly, yours,
File No. 713.001/29.
The Secretary of State to the American Chargé d'Affaires. No. 890.]
DEPARTMENT OF STATE
Washington, June 27, 1911. Sir: I inclose herewith a copy of a letter from Mr. Andrew Carnegie, stating that he takes great pleasure in authorizing you to draw on Mr. Franks under the conditions stated.
You are accordingly instructed to take the action requested in Mr. Carnegie's letter of May 22. I am [etc.],
P. C. Knox,
Mr. Andrew Carnegie to the Secretary of State.
New York, May 22, 1911. DEAR SIR: In fulfillment of my promise to renew my former offer of one hundred thousand dollars for the erection of the Central American Court of Justice at San José, replacing that destroyed at Cartago, I beg you to instruct the United States minister at San José to inform the Costa Rican Government that he, our minister, is authorized to draw upon Mr. R. A. Franks, president of the Home Trust Co., Hoboken, N. J., in sums of twenty-five thousand dollars. as the work progresses, to the extent of one hundred thousand dollars, duly forwarding Mr. Franks therewith certificates of work done as given to him by the Costa Rican authorities.
We leave the construction of the court and selection of site to the Govern. ment of Costa Rica. Very truly, yours,
1 Not printed.
Fie Ba TUNC
CENTRAL AMERICAN oorsT OF ITSTICE.
[Translation) Whereas the Govertiments of Guatemala, Tanga, El Salvador, Costa Rica, an) Honduras deem it of urgent netusity to end Article 5 of the Washington treaty of 191 relacire to iransferring to the city of San José, capital of Cosa Rica, the cut of the Central American Court of Justice, which, pursuant to the above-named treaty, should reside at Cartago, they have named as delegates: Guatemala, Señor Licenciado don José Pinto; Nicaragua, Serior den Arturo Elizondo; El Salvador, Senor Doctor don Jas Rodrigue: Costa Rica, Señor Licenciado don Carlos Lara; and Honduras Senior Doctor don Manuel F. Barahona.
The delegates assembled in the Central American International Office and, after having communicated to each other their respective full powers, which they found to be in good and due form, hara agreed upon the following:
ARTICLE I. Article V of the treaty of Washington of December 21, 1907, ia changed to read as follows:
ART. V. The Central American Court of Justice shall sit at the city of San Jone in the Republic of Costa Rica, but it may on occasion transfer its restiline to another point in Central America when it may deem it proper to do so for reasons of health. of assuring the exercise of its functions, or of the personal security of its members,
ART. II. This convention shall be ratified by exchange of notes between the interested Governments and may be put in force on ratification thereof. Signed at the city of Guatemala on the 10th day of January, 1911,
MANUEL F. BARAJIONA. Ratified' by Costa Rica, January 11, 1911; Guatemala, Fobruary 20, 1911; Salvador, March 17, 1911; Nicaragua, December 30, 1911"; Honduras, March 19, 1912.
1 Notice of these ratifications may be found, except that of Ilonduras, in " Salvndor: Boletin del Ministerio de Relaciones Exteriores; 1911" in the library of the laun American t'nion at Washington, at the following pages : Costa Rien, 09; (untemnin, 205: Salvador. 208: Nicaragua, 692 The ratification of Honduras at page 6 of Boletin vil for 1912 (Salvador).
CUBA. RECIPROCITY TREATY: PROPOSAL TO AMEND AND PROLONG IT.
Me No. 611.3731/14.
The American Minister to the Secretary of State.
Habana, February 17, 1911. Sir: Referring to certain suggestions recently made by Señor Sanguily, the Cuban secretary of state, which were mentioned in my dispatches Nos. 589 1 and 626,2 I have the honor to report that a bill has now been introduced in the Chamber of Representatives to authorize the Executive:
1. To request of the Government of the United States of America the amplification of the existing reciprocity treaty between Cuba and the United States, with a view to obtain greater advantages for tobacco in return for concessions in regard to other American merchandise,
2. To invite the United States to conclude a treaty for the reciprocal protection of trade-marks and patents; and
3. To apply a surcharge upon existing tariff rates of 50 per cent on the products or merchandise of any nation which has not already concluded a reciprocity treaty or which does not within six months after the promulgation of this law make tariff concessions to Cuban manufactured tobacco.
This bill also contains provisions in regard to special seals by which the identity of Cuban manufactured tobacco can be clearly proven. I have, etc.,
John B. Jackson.
File No. 611.3731/14.
The Acting Secretary of State to the American Minister. No. 270.]
DEPARTMENT OF STATE,
Washington, March 21, 1911. SIR: The Department is in receipt of your No. 637 of February 17 in regard to the bills introduced in the Chamber of Representatives, relative to various modifications in the existing tariff legislation of Cuba.
It does not appear from your dispatch that the Cuban Secretary of State has asked for the views of this Government on the subject. It is proper, however, to put you in possession of them so that you
1 Not printed. * See article on Sugar, p. 102. • Commercial convention, proclaimed Dec, 17, 1903.
may be able to present them, informally and discreetly, to the Cuban Government as the occasion may arise. .
1. No objection can be made to requesting from this Government the amplification of the existing reciprocity treaty. Whether it would be possible to concede greater advantages for Cuban- tobacco can not be indicated in advance, nor in fact can it be assumed that this Government will find it expedient to recommend modifications of the treaty. That would depend upon the sentiment existing in the United States and also in Congress. It is desirable to point out, however, that should circumstances favor the amplification of a treaty, it would be necessary to ask material increases in the preferences now given by Cuba on various manufactured articles, the products of the United States, and especially on textiles. It is also desirable for you to point out to the Cuban Government that under Article IV of the reciprocity treaty with the United States, this country would be entitled to respective reductions of such rates of duty as may hereafter be provided in the customs tariff of Cuba. The customs tariff of the Republic of Cuba must be interpreted as including not only customs levied in accordance with the general tariff bill, but the tariff levied pursuant to the commercial or reciprocity treaties which Cuba may make with other countries. That is, the United States will be entitled to the reductions from the customs tariff in the percentages provided in schedules a, b, and c.
2. The question of a treaty for the reciprocal protection of tradeI marks and patents can be considered on its merits at any time.
3. The proposition to apply a surcharge on the products or merchandise of any nation which has not already concluded a reciprocity treaty with Cuba, or which does not, within six months after the promulgation of this law, make tariff concessions to Cuban manufacturers of tobacco is one that should receive the most careful consideration on the part of the Cuban Government. The complications which would result from Cuba's entering into a reciprocity treaty with other countries in view of the existing treaty with the United States, and the extreme difficulty of adjusting the Cuban tariff with those of other countries so as not to interfere with the preferences given the United States, have been fully explained in previous instructions.
You will be guided by these instructions. Whether the desire of the Cuban Government to secure better terms for manufactured tobacco from other countries could be made effective by a surcharge without entering into reciprocity treaties with the different countries seems uncertain. The Cuban Government probably can determine this matter from its own standpoint. I am, etc.,
HUNTINGTON Wilson. File No. 611.3731/28.
The American Minister to the Secretary of State.
Habana, April 14, 1911. Sir: I have the honor to report the reintroduction in the Chamber of Representatives of the bill with regard to the “ amplification of the
44773°—F R 1911— 12
reciprocity treaty between Cuba and the United States for the purpose of obtaining greater customs advantages for Cuban manufactured tobacco."1 I have, etc.,
John B. JACKSON. No. 917.]
JUNE 9, 1911, (Printed under Tobacco. Refers to a bill to amend a bill outlined in dispatch 637, above.)
JULY 8, 1911.
(Printed under Tobacco. Refers to above bills.)
File No. 611.3731/37.
Habana, October 7, 1911. Sir: I have the honor to report that in a letter dated the 29th ultimo the Cámara de Comercio, Industria y Navegación de la Isla de Cuba, has called the attention of President Gómez to the fact that since December 26, 1908, the reciprocity treaty between Cuba and the United States, which went into effect on December 27, 1903, remains in force only from year to year until denounced by one of the contracting parties, and that this situation is prejudicial to commercial interests, as the possibility of such a denunciation must be constantly kept in mind. Under the circumstances the chamber of commerce (through its president, Sr. Narciso Gelats) urges the Cuban Government to make an agreement with that of the United States through which the situation may be made more stable and the life of the treaty prolonged definitely for a five-year period, with, if possible, additional advantages to Cuban commerce.
Attention is especially called to the question of sugar. It is considered probable that changes will be made in the American tariff within the next few years, and it is feared that the duty on sugar may be materially reduced—that it is even possible that sugаr may be put on the free list—and that Cuba would thereby lose the advantage secured by the treaty to her principal article of exportation. Use is made of the argument (already used by us under other conditions) that a reduction in the tariff would also reduce the preferential, and the Cuban Government is urged to make some arrangement through which Cuban sugar can always enter the United States with such a preferential over European sugars as will enable it to retain the American market upon a profitable basis. I have, etc.,
John B. JACKSON. File No. 611.3731/38.
Habana, October 18, 1911. Sir: Referring to my dispatch No. 1116 of the 7th instant and to previous correspondence (instruction No. 270; dispatch No. 712,2
1 For the previous history of the bill see Tobacco, preliminary statement, p. 108. * Not printed.