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File No. 1943/181A.

The Secretary of State to Governor Magoon.

[Telegram.]

DEPARTMENT OF STATE, Washington, November 17, 1908.

The President has received from Gen. Gomez a message of congratulations and thanks for the impartiality, tact, and ability shown by you and your subordinates during the elections, whereby the people of Cuba were insured entire liberty in casting their votes. The President directs that you make suitable acknowledgment in his name, assuring Gen. Gomez and his fellow countrymen of the no less cordial gratification of the President and the people of the United States, that the last act of their recent temporary trust in Cuba has demonstrated their high purpose to leave the government and control of the island of Cuba to its people.

ELIHU ROOT.

File No. 1943/182.

President-elect Gomez to President Roosevelt.

[Telegram.]

HAVANA, November 18, 1908.

I have received your telegram of congratulations on my election as President of the Republic and I am profoundly grateful for the honor; I express to you my sincere acknowledgment. The justice you do to my people for the solemn demonstration of its ability to assume the duties of a free and independent Republic affords me the greatest satisfaction. The rigid observance of the law and the enthusiasm of the two contending parties, which led the people of Cuba and their authorities in the same path, achieved the earnest purpose of carrying out an honest election. I am confident that on assuming in two months the Government of the Republic we Cubans will continue to give evidence of the full consciousness of our international duties and of the high appreciation in which we hold the genuine and lasting friendship of the United States of which you nobly assure us. It gratifies me once more to recognize in you the great friend of Cuba, who, since your personal intervention in the armed struggle for independence until your paternal counsel in the days of sorrow, have always cherished in your soul the pure sentiment and firm purpose of seeing our nation free in its institutions and in the full control of its destinies.

JOSE MIGUEL GOMEZ.

File No. 11343.

No. 429.]

EXTRADITION PROCEDURE.

The Cuban Minister to the Secretary of State.

CUBAN LEGATION, Washington, January 24, 1908. EXCELLENCY: I have the honor to ask that Your Excellency's Government grant the extradition of Rafael Barbato, a fugitive from the

justice of the Republic of Cuba, against whom proceedings have been instituted before the examining magistrate of East Habana on the charge of larceny exceeding the sum of 1,000 pesos.

This man was arrested at Tampa on the 9th instant as the result of researches instituted by the police of that place at the request of the consul of Cuba, who was in due time advised by this legation of the description of the fugitive and of the charge lying against him, and he has been detained there since that date.

The Cuban consul at Tampa reports to me that Barbato has asked to return to Cuba and formally waived, before the extradition commissioner or magistrate, the rights conferred upon him by the law of this country without waiting for the production of the proof of the crime charged against him. If upon the favorable decision of the commissioner or magistrate extradition may be granted under the circumstances, I should be greatly pleased so to inform my Government, which will, in any case, be ready to present within the time fixed by the treaty the formal request of extradition supported by the documents required by the said treaty.

I improve, etc.,

ARTURO PADRO Y ALMEIDA.

File No. 11343.

No. 237.]

The Secretary of State to the Cuban Minister.

DEPARTMENT OF STATE, Washington, January 28, 1908. SIR: I have the honor to acknowledge the receipt of your note of the 24th instant, in which you state that one Rafael Barbato, who has been arrested and held at Tampa on a charge of larceny committed in Cuba, has waived extradition proceedings, and you ask whether, under the circumstances, extradition can be granted without waiting for the evidence required by treaty.

I have the honor to say, in reply, that the department can not give a definite assurance as to what its action will be in any case of extradition in advance of the report from the examining magistrate committing the fugitive for surrender. If upon the receipt of the magistrate's commitment it appears that the fugitive voluntarily waives his right to an examination and consents to return for trial to the country where the offense was committed, the department will under ordinary circumstances let the case take its customary course.

Accept, etc.,

ELIHU ROOT.

SANITATION OF CUBAN CITIES.

[For previous correspondence, see Foreign Relations, 1907, p. 301.]

File No. 8327/3-4.

No. 773.]

Chargé Tarler to the Secretary of State.

AMERICAN LEGATION, Habana, September 29, 1908. SIR: For the information of the Public Health and Marine Hospital Service, Treasury Department, I have the honor to inclose in duplicate copy of the provisional governor's decree, No. 935, issued on the 26th instant, appropriating $100,000 to carry on the sanitary service in the municipalities, especially the campaign against yellow fever. G. CORNELL TARLER.

I have, etc.,

[Inclosure 1.-Translation.]

[From the Official Gazette, Sept. 28, 1908.]

Gobierno Provisional.

Decree No. 935.]

HABANA, September 26, 1908. Whereas it is necessary to continue preventative work against yellow fever in the Republic, I, Charles E. Magoon, by virtue of the authority vested in me as provisional governor of Cuba,

Resolve, That the sum of $100,000 is hereby appropriated from the balance in the treasury, to carry on the sanitary services in municipalities, and for material and personal services required for the special work against yellow fever in the localities where necessary.

Decree No. 938.]

[Inclosure 2.-Translation.]

CHARLES E. MAGOON,
Provisional Governor.

[From the Official Gazette, Sept. 28, 1908.]

HABANA, September 27, 1908. Whereas the Government has received information that in the city of Sancti Spiritus, Province of Santa Clara, and at the time that a political meeting was taking place, a serious disturbance of order occurred, resulting in the death of one man and in the wounding of others;

Whereas the Government deems proper, in order that the investigation may be promptly conducted and the facts ascertained, in order that the proper liability may be enforced against the violators of the law, to detail a special judge to go to said city and continue the preliminary proceedings already instituted:

Therefore availing myself of the powers vested in me,

I Resolve, To appoint Mr. José Manuel Guerrero y Dueñas, judge of examination of the western district of this city to proceed, as judge on a special detail, to Sancti Spiritus, with the subordinate personnel that he may consider necessary and continue the conduction of the preliminary proceedings referred to and to give him jurisdiction to act throughout the territory of the Republic, and instructing him to leave for said city to-night.

MANUEL LANDA,

Acting Head of the Department of Justice.

CHARLES E. MAGOON,
Provisional Governor.

File No. 10054/32.

DENMARK.

ISSUANCE OF EMERGENCY PASSPORTS.

Minister Egan to the Secretary of State.

AMERICAN LEGATION, Copenhagen, June 18, 1908.

SIR: Referring to the department's circular instruction of April 19, 1907, I notice that paragraph 150 of the instructions, as amended by the Executive order of April 6, 1907, permits the issuance of a passport (emergency) "Where inconvenience or hardship would result," etc. Paragraph 2, page 3 of the instruction, reads in part: Emergency passports may be issued only when it is clearly shown that the person applying for the passport is about to proceed to a country to obtain admission into which a passport is obligatory."

66

This last paragraph would seem to restrict the issuance of emergency passports beyond the language of the instructions, and I therefore have the honor to inquire if, for example, I would be authorized to issue emergency passports to persons desiring to enter Germany, where, I am informed, the lack of a passport is a decided

inconvenience.'

I have, etc.,

File No. 10054/32.

No. 23.]

MAURICE FRANCIS EGAN.

The Acting Secretary of State to Minister Egan.

DEPARTMENT OF STATE, Washington, July 8, 1908. SIR: I have to acknowledge the receipt of your unnumbered dispatch of the 18th ultimo, in which, referring to the department's circular instruction of April 19, 1907, you inquire whether you are authorized to issue emergency passports to Americans desiring to enter Germany, in cases in which the lack of a passport would be inconvenient.

In reply I have to say that you may issue an emergency passport if the inconvenience of not having it would be serious; but the department desires to restrict their issuance, so far as it can be done without hardship, to citizens traveling abroad.

I am, etc.,

1 See Foreign Relations, 1907, p. 13.

ROBERT BACON.

DOMINICAN REPUBLIC.

ELECTION OF GEN. RAMÓN CÁCERES AS PRESIDENT OF THE DOMINICAN REPUBLIC.

File No. 27/226.

Minister McCreery to the Secretary of State.

[Telegram.]

AMERICAN LEGATION,
San Domingo, July 1, 1908.

Present Executive inaugurated this morning for a new term of six years to which he was elected in May under the new constitution.

MCCREERY.

File No. 27/228-229.

No. 103.]

Minister McCreery to the Secretary of State.

AMERICAN LEGATION, Santo Domingo, July 8, 1908.

SIR: Referring to my No. 94 of May 13 last,' stating that the electors chosen on May 1 would meet on the 30th of the same month to elect a President of the Dominican Republic, senators, deputies, and alternates, as provided by the constitution of 1908, I have the honor to inform you that Gen. Ramón Cáceres was elected President for a term of six years.

The new Congress, which assembled in special session on the 20th ultimo, adjourned on the 2d instant.

On the 1st instant Gen. Cáceres took the oath of office before the Congress. Copy and translation of the inaugural address are herewith inclosed.

The address contains a careful statement of the economic and political situation of the country. It announces that the present administration will bend its especial efforts toward the encouragement of agriculture and immigration, the improvement and extension of ways of communication, the building of irrigation systems and betterment of the system of public education. The President sounds a note of warning against granting, out of impatience to hasten development, concessions, which may become burdensome to the country. FENTON R. MCCREERY.

I have, etc.,

1 Not printed.

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