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[Inclosure 9.-Telegram.]

Mr. Stubbs to Mr. Clayton.

COATZACOALCOs, February 27, 1903.

Have telegraphed Federal Judge Juchitan for information. Meloy dead.

Consular Agent.

[Inclosure 10.-Telegram.]

Mr. Clayton to Mr. Carothers.

Mexico, February 26, 1903.

It is status of Brakeman McVea's case referred to in your letter May 16 last regarding which I want information.


[Inclosure 11.-Telegram.]

Mr. Carothers to Mr. Clayton.

TORREON, February 28, 1903.

Brakeman McVea was acquitted about May 25 last year; has left the country. G. C. CAROTHERS.

[Inclosure 12.-Telegram.] Mr. Clayton to Mr. Naugle.

Mexico, February 27, 1903.

Referring to your letter June 4 last, what became of proposition to have Bonsall's sentence commuted to a fine? Does original sentence of eight months still stand against him? Early reply greatly appreciated.

[Inclosure 13.-Telegram.]


Mr. Naugle to Mr. Clayton.

GUAYMAS, March 2, 1903.

Your wire 24th. District court in Nogales has not yet been advised of Bonsall's sentence. Lic. Rafael Ycaza writes me from Mexico that Bonsall was sentenced to eight months' imprisonment, and same commuted to a fine. Have written him for copy of sentence and will advise you later. J. A. NAUGLE.

Mr. Clayton to Mr. Hay.

No. 2061.]

Mexico, December 4, 1903.

SIR: Referring to my dispatch No. 1725, of the 28th of February last, relating to the arrest and imprisonment of American citizens

employed in the railway train service of Mexico, I have the honor to report the present status of the cases then pending as follows:

Newton H. Horne, employed as conductor on the Interoceanic Railway, arrested and imprisoned in the City of Mexico in April, 1902; charged with ejecting a woman from his train. Imprisoned twenty-two days, then released on bail; acquitted by the district court of the federal district June 5, 1903.

F. Gordon, engineer on the Sonora Railway, arrested at Guaymas November 3, 1900; charged with running over a deaf man who was at the time walking on the track. After twelve days' imprisonment released on $1,000 bond. Case still pending. When advised of its final disposition I will report it to the Department.

N. F. Bonsall, conductor of the Sonora Railway, arrested and imprisoned at Guaymas September 7, 1900. His train ran over and killed Antonio Palomino; convicted and sentenced to eight months' imprisonment; pending trial, while out on bail, fled to the United States; returned and reported to the court November 30, last, resulting in his liberation.

E. R. Meloy and B. W. Enright, conductor and engineer, respectively, on the Tehuantepec Railway, arrested and imprisoned at Palomares on June 27, 1902; charged with the responsibility of the death of José Felipe. Both were released on bail July 29, 1902. Meloy was accidentally killed about December 1, 1902, by being knocked from his train by a bridge. The indictments in these two cases have been quashed.

I now have the honor to report the cases which have been brought to the attention of the embassy directly, by the persons concerned, since the date of my dispatch No. 1725, of February 28, 1903:

John Hopkins, engineer on the Interoceanic Railway, arrested and imprisoned May 28, 1903; charged with causing a collision with another train, damaging both engines and resulting in the killing of one passenger and the fatal injury of another. This case was brought to trial at Toluca, Mexico, June 1, 1903; sentenced October 17 of the same year for the period of his preceding imprisonment and released on the same day.

L. C. Crutcher, conductor on the Mexican Central Railway, arrested and imprisoned at San Luis Potosi April 18, 1903; charged with homicide; brought to trial April 20, 1903. Case still pending. Early verdict expected.

O. L. Emlay, train dispatcher on the Mexican Central Railway, arrested and imprisoned at Silao April 24, 1903; suspected of having robbed the Wells-Fargo and Company's Express; brought to trial April 25, 1903; acquitted June 19 and released June 20, 1903. Decision confirmed by revising court July 30, 1903.

C. R. Edmonds (reported by the district judge of Coahuila as C. R. Edmonson), engineer on the Mexican International Railway, arrested and imprisoned at C. P. Diaz June 28, 1903; charged with negligence on account of a railway accident which occurred on the same day of his arrest; released August 10, 1903, by order of the district judge of Coahuila.

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No. 1763.]

Mexico, April 6, 1903.

SIR: I have the honor to inclose translation of extracts from the message of President Diaz delivered at the opening of the Mexican Congress on the 1st instant, and to call the Department's attention to that part of the message referring to the Pious Fund award.

I have the honor, etc.,



[From the Mexican Herald April 2, 1903.]

The following is a full translation into English of the message read by General Diaz:

"It is always a pleasure to me to comply with the constitutional precept of appearing before the federal Congress, as I to-day have the honor of doing, in order to report as to the condition of the national interests intrusted to the administration of the federal executive.


"Our relations with foreign governments are not only friendly, but are daily being extended, while in some cases the cordiality which distinguishes them has been enhanced.


"As I had the honor to inform you in my last report, the tribunal which met at The Hague to consider and adjudicate the case of the so-called pious fund of California, referred to it by Mexico and the United States of America, inaugurated its sessions on September 1, last year. The reports and pleadings having been presented in the course of subsequent sessions by the agents and attorneys on both sides, the tribunal in question handed down its decision on October 14 last, sentencing Mexico to pay past and future interest on said fund-that is to say, it decided in the affirmitive the first of the two questions submitted to it, viz, as to whether the claim was governed, as a consequence of the decision rendered in 1875, by the principle of res judicata. While thus deciding it also ruled that the sum which we were sentenced to pay as interest was to be in Mexican silver dollars.

"True to its intention, the Mexican Government has respected the definite decision of The Hague tribunal and the first of the annual payments, which, according to the sentence, must be delivered to the claimants through the American Government, has been made. The payments that are to mature in future will also in due time be made.

"Thus this question is at an end and though the result is in part adverse to Mexico, it has demonstrated to the world that there are pacific means for the adjustment of international questions and that two of the most important nations of this hemisphere have had recourse thereto.


"The electoral question in the Republic of Honduras stirred up for various reasons the greater part of the other Central American States, so much so that a serious international conflict was feared in that part of our continent. Though from the beginning the executive regarded the situation there with pain and would have liked to offer its friendly and disinterested offices, it did not think it proper to do this without a spontaneous suggestion from one of the nations concerned. That suggestion was soon offered for the representative of Guatemala, at Washington, intimated to our ambassador in the United States the expediency of friendly mediation on our part. It is needless to say that I acceded with the greatest willingness to this suggestion. The telegrams that were published in the Diario Oficial will have apprised you of the excellent disposition with which the Governments of the Republics in question received the friendly offices offered by the Mexican Government with a view to saving them from an unnecessary and regretable conflict.


"In accordance with the protocol signed during the second international American conference, the Governments of Salvador, Uruguay, and Guatemala have requested the Mexican chancellerie, acting in concert with Washington, to solicit the admittance of those nations to The Hague conventions resulting from the peace conference. The executive hastened in each case to give suitable instructions to our legation in the Netherlands to take, in concert with the diplomatic representative of the United States in that country, the necessary steps for the attainment of the desires of Salvador, Uruguay, and Guatemala.


"The difficulties between Venezuela and certain European powers having been ended by virtue of a protocol whereby that Republic obliges itself to pay pending

claims to those powers, other nations, both in Europe and America, which remained neutral during the conflict, had recourse to Venezuela's plenipotentiary at Washington in order to secure a friendly adjustment of their claims. In view of this circumstance certain Mexican citizens, heirs of a commercial firm to which the Government of the Republic in the middle of last century transferred a claim against Venezuela, requested the diplomatic offices of Mexico to obtain for them similar treatment to that accorded to other creditors of that Republic in the definite adjustment of its pending indebtedness. The executive could not refuse to exercise those offices, especially inasmuch as the claim, acquired, as I have said, from the Mexican Government, is based upon a disinterested loan which Mexico, during the early years of independence, made to the country called New Granada, now divided into the Republics of Venezuela, Colombia, and Ecuador. At the time when New Granada was divided into three nations each one of them assumed a proportional obligation to pay the debt to Mexico, but in consequence of its lamentable strife Venezuela has not paid even a part of the share which it assumed. Suitable instructions having been given to our ambassador at Washington, a protocol has been signed providing a basis for the settlement of this claim on the same terms as are contained in the protocols signed by Venezuela's plenipotentiary with the representatives of the other neutral nations to which I have alluded.


"In May of last year a treaty of friendship and commerce between Mexico and the Persian Empire was signed at Washington as a consequence of the initiative of the diplomatic representative of His Majesty the Shah in the United States. This convention having been ratified by the Senate of the Republic and the Persian sovereign, the ratifications were exchanged in this capital; and in order to inaugurate the relations between the two countries the minister of Persia accredited at Washington came hither in the high capacity of ambassador extraordinary. The visit of that distinguished diplomat, the first to come to our Republic from that ancient and interesting Empire, was very gratifying to the executive as it no doubt was to the country at large. The representative of Persia, upon absenting himself temporarily, presented a letter from his sovereign accrediting him as envoy extraordinary and minister plenipotentiary.



"Questions concerning public health have been of exceptional importance during the period covered by this report.


"A general convention of representatives of the boards of health of the republics which joined in an agreement on the subject during the second international American conference, was held in December last at Washington and at that conference two delegates of the Mexican Government were present. An executive council was appointed under the name of the international sanitary bureau with headquarters at Washington.


"For the second time the yellow fever invaded the city of Orizaba, commencing at the end of August last; but, notwithstanding the virulence of the first cases, the epidemic terminated at the beginning of December, thanks to the experience acquired during the first irruption of the disease and the firm and timely measures taken by the authorities of the State of Vera Cruz; the efficacy of isolation and disinfection being once more demonstrated. The executive, on the other hand, sent to Orizaba a delegate, who, in concert with the local authorities, enforced the necessary measures to prevent the epidemic from spreading beyond the city in question.


"Early in December the superior board of health was informed that the bubonic plague had appeared at Ensenada de Todos Santos and that at Mazatlan a contagious disease of a serious nature had developed which was also suspected to be the plague. This terrible intelligence caused a painful impression throughout the country and the Government hastened with the necessary energy to take suitable measures. At

Ensenada only a few cases of the epidemic occurred and these being rigorously isolated, the disease died out altogether on December 25.

"A bacteriological physician was sent fo Mazatlan who studied the disease that had appeared there and proved it to be the bubonic plague. The great and natural alarm which this caused among the inhabitants of that port was evidenced by the emigration of the majority of its population who fled from their homes to seek refuge in other States. At first the scourge assumed a threatening aspect and for many days its spread was alarming; but it was combated energetically and at present it may be regarded as thoroughly under control. A special board of health, composed of the most respected and prominent citizens, was appointed at Mazatlan and has rendered most important services. The governor of the State also repaired to the afflicted port in order to aid in combating the plague.

"The main efforts were directed to obviating the propagation of the disease in other towns. This work has entailed the establishment of sanitary stations, lazarets, observation stations and the adoption of other measures that have been carried out with zeal and with the desired result, for, although a few cases of the plague have occurred in towns situated in the neighborhood of Mazatlan, they have been energetically handled and their further propagation has been avoided.

"The governors of Sonora and Durango and the jefe politico of the territory of Tepic have efficaciously cooperated in preventing the irruption of the malady into their several jurisdictions.

"In order to combat the malady at the port of Mazatlan curative and preventive serums were ordered from Europe and the United States; physicians, steam disinfectors and other articles were sent from this capital; and at Mazatlan all the sanitary services demanded by the circumstances, counseled by science, and prescribed by law, were organized with zeal and success.

"These measures have been as efficacious as could have been expected, seeing that they have gotten the epidemic under control and have prevented its propagation; but the city of Mazatlan, the most important of our Pacific ports, has suffered enormous harm which it is not yet easy to estimate in all its magnitude. The State of Sinaloa, of which Mazatlan is the chief commercial center, has also suffered heavily. "This event has brought out the sentiments of fraternity that bind the States of the Republic together. The inhabitants of all its towns have given promptly and liberally from their resources to their afflicted brethren, thus responding to the appeal of the Mazatlan charity committee. The national committee, which was organized in this capital, has sent to the port in question over $300,000, which has enabled an active and profitable campaign to be instituted against the epidemic. It is a pleasure to state that the foreign colonies figure in the foremost rank of the contributors.


"On January 15 last the new sanitary code, amended by the Executive under powers granted it, was put into operation. The amendments which it contains are based on ten years practice and the progress of science.

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"Faithful to its purpose of causing the Republic to take part in international congresses, whereby relations of importance for the intellectual progress of the country are secured, the Executive appointed delegates who duly represented Mexico at the medical conference held at Brussels during the month of September last to study the prophylaxis of some of the most formidable of diseases. It also sent a delegation to the congress of Americanists which met at New York in October last, and has duly organized delegations which will represent the country at the forthcoming international medical congress at Madrid during the present month and at the congress of historical sciences, which will also assemble this month at Rome.




"The participation of Mexico in the forthcoming exposition at St. Louis, Mo., will, it is hoped, be on an important scale, for the preparations are being actively pushed and exhibitors throughout the country are well disposed. Work has been commenced on the erection of a small building 'on the exposition grounds for the headquarters of the Mexican commission.






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