File No. 22563/2.

The French Ambassador to the Secretary of State.

[Translation.]

FRENCH EMBASSY, Washington, December 14, 1909.

MR. SECRETARY OF STATE: Your Excellency was so good as to advise me, in your letter of the 7th instant,1 that you had forwarded to the Department of Commerce and Labor my request on behalf of a young Frenchman, Charles Roussel, whom the authorities of the Immigration Service will not allow to land in New York.

I have just been informed that the said authorities have sent the young man back to France without waiting for the outcome of my request. My Government will surely be extremely sorry to hear of this decision.

As I wrote to Your Excellency on November 27 last, this specific case was that, not of a young man coming to the United States for the first time, but of an alien who had his residence and family in this country which he had left temporarily to perform his duty under the French military law and who is now sent back to France where his family no longer is and he will find himself destitute of resources, as he was ordered back because he was deemed to be of weak constitution.

Your Excellency will surely consider these provisions which may work so much hardship, and to which I took the liberty of drawing your attention in a second letter, dated November 29, to be inconsistent with the true intent of the legislator. I should be very thankful to you if you would acquaint me with your views in this respect and let me know whether the law really is that an alien once admitted in the United States may thereafter be excluded if he leaves the country, even for the performance of a duty held to be sacred the world over and if his health becomes impaired. Be pleased to accept, etc.,

File No. 22563/2.

JUSSERAND.

The Acting Secretary of State to the French Ambassador. No. 767.]

DEPARTMENT OF STATE, Washington, December 21, 1909. EXCELLENCY: In further reply to Your Excellency's note of the 27th ultimo, and with reference also to your note of the 14th instant, in regard to the case of one Charles Roussel, a French citizen, who recently returned to this country but was denied admission, notwithstanding the fact that he had certain interests here, I have now the honor to advise you of the result of this department's communication to the Department of Commerce and Labor of Your Excellency's note of November 27.

It appears that this case came before the Department of Commerce and Labor in connection with an application for admission under bond, on November 24, 1909. A medical certificate was rendered showing Mr. Roussel to be afflicted with "chronic inflamma

1 Not printed. Acknowledges note of Nov. 29.

tion connective tissue neck with suppurtation and sinus, which affects ability to earn a living." It further appears, from the statement made by the Acting Secretary of Commerce and Labor, that the passage of this alien was paid by the French Government pursuant to a statute calling for such payment when a native of France returns thither for military service. Mr. Roussel was totally destitute of money and, although his father appeared as a witness in his behalf, evidence was not submitted to overcome the presumption of his likelihood to become a public charge. Consequently, the application was denied and the applicant was deported.

I may add that the Third Assistant Secretary of State, in consultation with the Acting Secretary of Commerce and Labor, orally pointed out that this case seemed to be one involving particular hardship. The Acting Secretary of Commerce and Labor could, however, only reiterate the statement made in his correspondence with this department, that under the law an alien returning to this country must be subjected to the same treatment as that attending his initial immigration. The department regrets that, in view of the provisions of law applying in such cases, no other course was open to the Department of Commerce and Labor than to order the deportation of Roussel.

I have also the honor in this relation to refer to Your Excellency's note of November 29 last, wherein you discussed the general subject of French citizens who have emigrated to the United States and later returned to their homes in France for the purpose of performing military duty, upon the conclusion of which they again emigrated to the United States. Your Excellency is of opinion that, in such event, they should be admitted without question.

Your Excellency's note was communicated to the Secretary of Commerce and Labor, who, with reference to the comments made therein, advises me as follows:

A reference to the act of February 20, 1907, will indicate that the administrative officers of the Immigration Service have no authority to waive the examination of arriving aliens upon discovery of the existence of such a state of facts as set forth in Your Excellency's note of November 29.

With respect to your contention that the first admission of an alien to the United States is conclusive as to his right to remain in this country and to return hither after an absence abroad without being subject to the immigration laws, the Department of Commerce and Labor points out that this impression is an erroneous one, inasmuch as an alien regularly admitted may be arrested and deported at any time within three years subsequent, if found to have entered in violation of law or to be a public charge from causes existing prior to landing. Moreover, it is added, an alien resident of this country, who goes abroad for any purpose, is subject to the immigration laws upon his return. The fact of previous residence here, while it might be deemed a factor to assist in the determination of his right to land, is by no means conclusive as to the existence of such right. Indeed, it appears that the only persons exempt from the requirements of the immigration laws, are bona fide American citizens and the diploinatic and consular officers of foreign countries, their suites, families, and guests.

Accept, etc.,

HUNTINGTON WILSON.

GERMANY.

PATENTS CONVENTION BETWEEN THE UNITED STATES AND GERMANY.

Signed at Washington, February 23, 1909.

Ratification advised by the Senate, April 15, 1909.

Ratified by the President, April 20, 1909.

Ratified by Germany, June 15, 1909.

Ratifications exchanged at Washington July 14, 1909.
Proclaimed, August 1, 1909.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas a Patent Agreement between the United States of America and the German Empire was concluded and signed by their respective Plenipotentiaries at Washington on the twenty-third day of February, one thousand nine hundred and nine, the original of which Agreement being in the English and German languages is word for word as follows:

The President of the United States of America and His Majesty the German Emperor, King of Prussia, in the name of the German Empire, led by the wish to effect a full and more operative reciprocal protection of patents, designs, working patterns, and models in the two countries, have decided to conclude an agreement for that purpose and have appointed as their Plenipotentiaries:

The President of the United States of America, Mr. Robert Bacon, Secretary of State of the United States; and

His Majesty the German Emperor, King of Prussia, His Excellency Count von Bernstorff, His Ambassador Extraordinary and Plenipotentiary to the United States;

Who, after having communicated each to the other their respective full powers, found to be in good and due form, have agreed to the following articles:

ARTICLE I.

The provisions of the laws applicable, now existing or hereafter to be enacted of either of the Contracting Parties, under which the nonworking of the patent, working pattern (Gebrauchsmuster), design or model carries the invalidation or some other restriction of the right, shall only be applied to the patents, work patterns (Gebrauchsmuster), designs or models enjoyed by the citizens of the other Contracting Party within the limits of the restrictions imposed by the said Party upon its own citizens. The working of a patent, working pattern (Gebrauchsmuster), design or model in the territory of one of the Contracting Parties shall be considered as equivalent to its working in the territory of the other Party.

ARTICLE II.

This Agreement shall take effect from the date of its promulgation and remain in force until the expiration of 12 months following the notice of termination given by one of the Contracting Parties.

ARTICLE III.

The present Agreement shall be ratified and the ratifications shall be exchanged at Washington as soon as possible.

In witness whereof the respective Plenipotentiaries have executed the present Agreement and affixed their seals thereunto.

Done in duplicate in the English and German languages at Washington this 23rd day of February, 1909.

ROBERT BACON [SEAL]
J. BERNSTORFF [SEAL]

And whereas the said Agreement has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the fourteenth day of July, one thousand nine hundred and nine;

Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said Agreement 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 August in the year of our Lord one thousand nine hundred and nine, and of the [SEAL] Independence of the United States of America the one hundred and thirty-fourth.

By the President:

ALVEY A. ADEE

Acting Secretary of State.

WM H TAFT

PROHIBITION AGAINST ACCEPTANCE OF FOREIGN APPOINTMENTS BY AMERICAN CONSULAR OFFICERS.

MR. SECRETARY OF STATE: Dr. Harris, an American citizen and physician of the American Presbyterian Mission at Tripoli, Syria, who also holds the office of American consular agent at that place, was recently appointed vice consul of the German Empire there.

He has declared his readiness to accept, subject to the condition that he will be authorized thereto by the American Government.

By direction of my Government, I have the honor respectfully to beg that Your Excellency will grant to the consular representative of the United States at Tripoli permission to assume the office of German vice consul. A favorable communication would place me under special obligation to Your Excellency.

Accept, etc.,

STERNBURG.

File No. 8130/6.

The Acting Secretary of State to the German Ambassador. No. 632.]

DEPARTMENT OF STATE, Washington, October 18, 1907. EXCELLENCY: I have the honor to acknowledge the receipt of your note of the 14th instant, by which you inform me that Dr. Harris, who holds the office of American consular agent at Tripoli, Syria, was recently appointed vice consul of the German Empire there, and that he has declared his readiness to accept, subject to the condition that he will be authorized thereto by this Government. You accordingly request, by direction of your Government, that this Government will grant to the consular representative of the United States at Tripoli permission to assume the office of German vice consul.

This department, desirous at all times of meeting the wishes of the Imperial German Government, regrets to state that it is inhibited by a provision of the Constitution of the United States from doing so in the present instance. Article I, section 9, of the Constitution of the United States forbids a person holding an office of profit or trust under the United States to accept an office from any foreign state without the consent of Congress. A consular agent is regarded as an officer of the United States within the constitutional inhibition.

Accept, etc.,

File No. 8131/10.

ALVEY A. ADEE.

The German Ambassador to the Secretary of State.

[Translation.]

THE IMPERIAL GERMAN EMBASSY, Washington, February 16, 1909. MR. SECRETARY: In its esteemed note of October 18, 1907, No. 8130/6, the State Department declined to empower Consular Ágent Harris to take over the German vice consulship in Tripoli, Syria, because the authority to do so is reserved by the Constitution to Congress.

Inasmuch as my Government, despite many efforts, has been unable to find any other suitable person for the Tripoli post, it would appreciate very much if the authorization of Congress could be secured whenever convenient.