No. 441.] Chargé Ames to the Secretary of State. AMERICAN LEGATION, Santiago, July 28, 1905. SIR: I have the honor to inclose herewith copy and translation of a convention recently signed by representatives of Chile and Bolivia in pursuance of the terms of article 3 of the treaty of peace and amity concluded October 20 of 1904, and governing the construction and operation of the railroad from Arica to La Paz, provided for by that treaty. Whereas: MINISTRY OF FOREIGN RELATIONS, WORSHIP, AND COLONIZATION, 1. In conformity with the stipulations of article 3 of the treaty of peace and amity between Chile and Bolivia of October 20, 1904, promulgated March 21, 1905, there was signed in La Paz on June 27 last, between the envoy extraordinary and minister plenipotentiary of Chile and the minister of foreign relations of Bolivia, a convention concerning the construction and exploitation of the railroad from Arica to the plateau of La Paz; and whereas 2. According to announcement made by the envoy extraordinary and minister plenipotentiary of Chile in Bolivia, the government of that country has given its approval to that convention under date of July 20, I therefore decree that the convention referred to be published in the Diario Official and inserted in the Bulletin of Laws and Decrees of Congress. RIESCO. The Governments of the Republic of Chile and the Republic of Bolivia, equally interested in promoting the development of the commercial relations between the two countries, and by virtue of the authority given them by article 3 of the treaty of peace and amity entered into by both governments October 20, 1904, have agreed to regulate the concession, construction, and operation of the railroad from Arica to the plateau of La Paz in conformity with the principles hereinafter indicated, without prejudice to others, which may hereafter be agreed upon, and for this purpose have named their respective plenipotentiaries, viz: His Excellency the President of the Republic of Chile, Mr. Beltran Mathieu, envoy extraordinary and minister plenipotentiary in Bolivia; His Excellency the President of the Republic of Bolivia, Mr. Claudio Pinilla, minister of foreign relations; Who, duly authorized ad hoc, have agreed upon the stipulations contained in the following clauses: ARTICLE 1. For the purpose of determining the pecuniary responsibility of the Government of Chile established in article 3 of said treaty, it is declared that the value of the construction of the Bolivian section of the railroad shall be that indicated in the bid accepted by the Government of Chile for its construction. ART. 2. The railroad may be built by sections and the work shall begin simultaneously in Arica and in Viacha if there are no serious obstacles, and the sections thus constructed shall be delivered for traffic as soon as each is terminated; and the period of fifteen years, at the end of which the Bolivian section of this railroad is to go over to the ownership and proprietorship of Bolivia, shall be counted from the day on which the whole line is completed and delivered for service. ART. 3. Both governments, through their functionaries, shall give all necessary facilities for the quickest and most perfect construction of the railroad. ART. 4. The Governments of Chile and of Bolivia shall cede gratuitously such fiscal lands as may be necessary for the construction of the road and its dependencies and the use of such waters as do not belong to individuals or to which individuals have no right and which are necessary for the construction and operation of the railroad. ART. 5. They bind themselves also to assist, in conformity with the laws of the respective countries, in the condemnation of municipal and private lands which may be necessary for the object above indicated. They shall also equally grant facilities, and in the same manner, for the temporary occupation of land and for the formation of administrative services which may be necessary for the construction and operation of the railroad, such as fences along the abutting property throughout the extension of the railroad, the use of materials necessary for the railroad, the prohibition of the performance of certain operations at less than a certain distance from the road, etc. ART. 6. No work on the railroad or its accessories shall be impeded, delayed, or interfered with because of or during the proceedings necessary for determining the amount of the condemnation or of the laboring force. ART. 7. The materials necessary for the construction and operation of the railroad shall be exempt from all fiscal or municipal taxes, as shall the food stuffs which shall be introduced during the time of constructing the railroad for the maintenance of the laborers. ART. 8. The railroad line, as well as all the movable and immovable property pertaining to it, shall be exempt from all ordinary or extraordinary taxes during all the time that it is in the power of the Government of Chile. ART. 9. National and international correspondence shall be transported gratuitously by the railroad. ART. 10. The railroad shall also be obliged to transport at cost all fixed material and all rolling stock which the Government of Bolivia may need for the construction of the railroads it may build in the interior of the country on its own account. ART. 11. The laborers and employees of the railroad and its dependencies shall be exempt from military service in their respective countries, except in case of a national war. ART. 12. In order to assure the perpetuity of free traffic on the railroad, the respective governments bind themselves to guarantee the neutrality of the railroad and its depend encies. ART. 13. It is understood that the railroad in its various sections shall be subject to the authority and laws of each of the signatory countries in its respective territory; but, with the object of facilitating the operation and securing the safety of the line, the Governments of Chile and Bolivia shall by common accord adopt the operating rules which are generally in use on this kind of international railroads. In them shall be indicated the objects which, because of their great value or the danger which their carriage would entail, may not be transported except under certain conditions. These operating agreements shall have the same value as the dispositions of this convention, of which they shall be considered an integral part. In witness whereof the above-named plenipotentiaries have signed and sealed with their respective seals and in duplicate the present convention, in the city of La Paz, on the 27th day of June, 1905. SIR: I have the honor to inclose herewith a copy and translation of the message read by His Excellency the President of Chile at the opening of Congress on June 1. I have, etc., EDWARD WINSLOW AMES. [Inclosure. Translation.] Message read by His Excellency the President of the Republic of Chile at the opening of the regular sessions of the National Congress, June 1, 1905. Fellow-citizens of the Senate and Chamber of Deputies: In giving you an account of the public administration during the past year it is gratifying to me to announce to you that our relations with other countries are friendly and cordial. The demarcation of the limits of our territory with that of the Argentine Republic is almost completed. There remain to be put in position only a few pyramids at the sources of the Nuble and Laja rivers, a task which will be completed in the coming summer. The slight difficulties still pending will be settled in a satisfactory manner. The cordiality of our relations with the neighboring Atlantic Republic encourages the hope that we may reach agreements which shall continually strengthen the bonds which happily unite these two countries. The 21st of March the treaty of peace and amity with Bolivia was promulgated, following the exchange of ratifications. This compact, based on the bounds of the material interests of both countries, assures them, in a not distant future, all the benefits which commercial intercourse effects, not the least of which is the firm establishment, under inalterable conditions, of the friendly international relations of both countries. In the near future bids will be asked for the construction of the railroad from Arica to the plateau of La Paz, which, according to the terms of the treaty, Chile must construct, and the necessary steps have already been taken for fulfilling the promises which we thereby made. The Government of Peru has thought fit to protest against some of the stipulations contained in this treaty. Chile's reply, in addition to establishing the right which supports us in maintaining them in their integrity, suggests the expediency of putting an end to the sterile discussions in which we have been involved and of exchanging them for agreements of a nature similar to that of those which have terminated definitely and satisfactorily our differences with Bolivia. * LAW REGULATING THE REGISTRATION OF TRADE-MARKS. No. 453.] Chargé Ames to the Secretary of State. AMERICAN LEGATION, Santiago, September 28, 1905. SIR: Referring to previous correspondence, concerning proposed legislation for regularizing the registration of trade-marks in Chile, I have the honor to inclose herewith copy and translation of a law promulgated on August 12 last, but only just published in the Diario Oficial, which insures the validity of trade-marks already or hereafter registered in this Republic. I have, etc., EDWARD WINSLOW AMES. [Inclosure. Translation.] Law No. 1749 Whereas the National Congress has given its approval to the following bill: "ONLY ARTICLE. The registrations of trade and commercial marks made in accordance with the provisions of the law of November 12, 1874, are declared valid, even during the period since the law of December 22, 1891, went into force till the promulgation of the present law. "Registrations of marks will in future be governed by the law referred to of November 12, 1874. "Clause 7 of article 26 of the law of December 22, 1891, relative to trade and commercial marks, is repealed." And whereas, after having heard the council of state, I have considered it convenient to approve and sanction it, therefore let it be promulgated and carried out as law of the Republic. Santiago, August 12, 1905. JERMAN RIESCO. E. VILLEAGAS. CHINA. MURDER OF HO CHOY YEEN, A CHINESE COMPRADOR, BY AMERICAN SAILORS. No. 1741.] Minister Conger to the Secretary of State. AMERICAN LEGATION, Peking, November 8, 1904. SIR: Consul-General Cheshire has sent you a full account of the murder of the third comprador (Chinese) of the [British] S. S. Kansu by being thrown into the canal by persons wearing the uniform of the United States sailors, and the decision of the formal court of inquiry into the facts thereof. It does not seem to me necessary to send from this legation another copy of the voluminous proceedings, but I inclose herewith copies of my correspondence with the Waiwu Pu concerning the case. It is true that the evidence is not absolutely conclusive as to the guilt of the American sailors, but in my judgment it is circumstantially sufficient to have convinced the average jury, and I therefore share the opinion of the court of inquiry that, if possible, a reasonable indemnity should be paid to the Chinese Government for the benefit of the family of the deceased. I have, etc., E. H. CONGER. [Inclosure 1.] Prince Ch'ing to Minister Conger. I have the honor to inform your excellency that I recently received a telegram from the viceroy of the Two Kuang, saying: "On the 17th of the eighth moon (September 26) toward evening several sailors from an American war vessel within the British settlement of Shameen at Canton seized the comprador of the S. S. Kansu, named Ho Choy Yeen, and without just provocation threw him into the water, where he drowned. The police of the British settlement at once recovered the corpse, and orders were issued to the district magistrate of Nan-hai to proceed to make an investigation. The foreign sailors who made the row were pursued at the time, but were not caught. I have already appointed deputies to consult with the American consul-general, who has consented to detain the war vessel for a time, and has fixed a date for a joint investigation." Yesterday I received another telegram, saying: "I have received a report from the deputies and the prefectural and district magistrates, who met with the American consul-general and summoned Chinese and foreign witnesses, and made a careful and thorough investigation. The testimony of all was reliable and agreed together in pointing to American sailors as the guilty parties, but as yet no one has been able to say with certainty what the surnames and personal names of the murderers are, nor give a description of them, so that there is nothing to be laid hold of in searching for them. They have now agreed with the American consul-general upon six articles, the main purport of which is that the said consul-general shall report to the American minister at Peking, requesting him to inform the American Government and ask for a satisfactory appropriation as indemnity for the family of Ho Choy Yeen, and that, furthermore, steps will be taken to discover the real murderers, and that hereafter, no matter when, once the real murderers shall have been discovered and evidence obtained that they are really the guilty parties they shall be tried and punished according to American law. It becomes my duty, therefore, to request that you will inform the American minister at Peking and ask him to request the American Government to make a generous appropriation as indemnity and promptly search for the murderers and bring them to trial in accordance with the agreement made." I find as to this case that Ho Choy Yeen, the comprador of the steamship, was thrown into the water by sailors from an American war vessel and was drowned. The deputies of the viceroy concerned have already made a joint investigation with the American consul-general and come to an agreement that compensation ought to be made to the family of Ho Ts'aiyen, and the real murderers sought for, arrested, tried, and punished to satisfy popular feeling. It becomes my duty, therefore, to send this dispatch to your excellency for your examination and to request that you will communicate its contents to your honorable government and ask that a generous compensation be paid, and that the real murderers be promptly sought for and punished according to law, which is a matter of importance. A necessary dispatch. XXX Kuanghsü year, ninth moon, 22d day (October 30, 1904). [SEAL.] [Inclosure 2.] Minister Conger to Prince Chi'ing. AMERICAN LEGATION, Peking, November 3, 1904. YOUR IMPERIAL HIGHNESS: I have the honor to acknowledge the receipt of the 30th ultimo of a dispatch from your imperial highness, informing me that on the evening of September 26 several sailors from an American man-of-war at Canton had without provocation attacked the comprador of the S. S. Kansu and thrown him into the water, where he was drowned; that a joint investigation of the affair had been held by deputies, appointed by the viceroy, in conjunction with the American consul-general, and that they had agreed together that the consul-general should report to the American minister at Peking and request him to ask for indemnity for the family of the murdered man to be paid by the American Government, and to have further efforts made to discover and punish the guilty parties. Your imperial highness, also, upon your own part asks that I will request my government to make a generous appropriation by way of compensation to the family of Ho Choy Yeen, the murdered man. In reply I have the honor to state that I have received a report of the occurrence from the American consul-general at Canton and that he has been instructed to continue to make diligent effort to discover the guilty parties and bring them to justice. I shall at once communicate the contents of your imperial highness's dispatch to my government and recommend that compensation be made to the family of the murdered man, but I must call your highness's attention to the fact that my government may not consider that the evidence sufficiently proves that the murderers were American sailors to justify an appropriation for the purpose mentioned. I improve, etc., No. 50.] E. H. CONGER. The Chinese minister to the Secretary of State. CHINESE LEGATION, Washington, January 4, 1905. SIR: Referring to the interview which I had with you in November last regarding the case of Ho Choy Yeen, a Chinese subject who was drowned at Canton, China, by certain American sailors from a United States war ship, I have the honor to inclose herewith a translation of a telegram from the Waiwu Pu on the subject and two extracts from English newspapers published in Shanghai giving an account of the incident for your consideration in conjunction with the report from the United States minister at Peking referred to in the said telegram, which report must have by this time reached your Department. FR 19058 |