that bind the two countries, and also to advance the cause of general peace, have resolved to enter into a treaty for those purposes, and to that end have appointed as their Plenipotentiaries: The President of the United States of America, the Honorable William Jennings Bryan, Secretary of State; and His Majesty the King of Italy, His Excellency the Marquis Cusani Confalonieri, Commander of the Order of Saint Maurice and Saint Lazarus, Grand Cordon of the Order of the Crown of Italy, etc., His Ambassador Extraordinary and Plenipotentiary at Washington; Who, after having communicated to each other their respective full powers, found to be in proper form, have agreed upon the following articles: ARTICLE I. The High Contracting Parties engage to submit for investigation and report to a Commission, to be constituted according to the provisions of the following Article, all differences of whatever nature they may be which may occur between them which can not be composed by diplomatic methods or are not submitted to a tribunal of arbitration; they bind themselves not to declare war nor to open hostilities during the examination by the Commission and before the Commission has presented its report. ARTICLE II. The International Commission shall be composed of five members appointed according to the following rules: Each country, by means of its Government, chooses two members, one from among its own subjects, the other from among those of a third State; the two Governments, after agreement, will name the fifth member, on condition, however, that he be not a citizen of either of these two countries. Each Commissioner shall hold his place during a term of four years; at the expiration of this term, or in the event of vacancy, the confirmation or the substitution of the Commissioner whose term may have expired or whose place may be vacant shall be made in the same manner. Each of the High Contracting Parties shall have the right, before the investigation has begun, to substitute for one of the members of the Commission appointed by it another one chosen from the category to which the Commissioner to be replaced belonged. When the Commissioners be actually occupied in the examination of a question they shall receive a compensation which will be mutually agreed upon by the High Contracting Parties. The expenses of the Commission shall be borne by the two Governments in equal proportion. The International Commission shall be appointed within six months after the exchange of the ratifications of this treaty. ARTICLE III. In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods or by means of a tribunal of arbitration, it shall at once be referred, either by common agreement or by one or the other party, to the International Commission for investigation and report. The Commission must inform the two Governnients of the date on which it will begin its labors, inviting them to furnish it with all the documents and to lend it the cooperation necessary for the investigation. The High Contracting Parties engage to furnish all the documents and to afford all facilities for the investigation and the report, provided that in their judgment this does not conflict with the laws or with the supreme interests of the State, and provided that the interests and rights of third States shall not thereby suffer damage. In the absence of an agreement to the contrary between the High Contracting Parties, the Commission will itself adopt regulations governing its procedure. The report of the Commission must be presented within a period of one year after the date on which it shall declare its investigation to have begun, unless the High Contracting Parties may have shortened or prolonged by mutual agreement this term. The report shall be prepared in triplicate; one copy shall be presented to each Government, and the third shall be placed in the archives of the Commission. The High Contracting Parties reserve to themselves the right to act independently on the subject matter of the dispute after the Commission shall have presented its report. ARTICLE IV. The present Treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate, and by His Majesty the King of Italy, and the ratifications shall be exchanged as soon as possible. The Treaty will come into force, for a period of five years, immediately after the exchange of ratifications. It will thereafter remain in force for twelve months more after one of the High Contracting Parties shall have notified the other of its intention to terminate it. In witness whereof the respective plenipotentiaries have signed the present Treaty and have affixed thereunto their seals. Done in duplicate in the English and Italian languages at Washington this fifth day of May, in the year 1914. WILLIAM JENNINGS BRYAN [SEAL.] AGREEMENT EFFECTED BY EXCHANGE OF NOTES EXTENDING THE TIME FOR THE APPOINTMENT OF THE COMMISSION UNDER ARTICLE II OF THE TREATY OF MAY 5, 1914, FOR THE ADVANCEMENT OF PEACE. Signed at Washington September 18, 1915. No. 118.] (Treaty Series, No. 615.) [The Secretary of State to the Italian Ambassador.] Excellency: DEPARTMENT OF STATE, Washington, September 18, 1915. It not having been found feasible to complete the international commission provided for in the treaty of May 5, 1914, between the United States and Italy, looking to the advancement of the general cause of peace, within the time specified in the treaty, which expires tomorrow, I have the honor to suggest for the consideration of your Government that the time within which the organization of the commission may be completed be extended by an exchange of notes from September 19, 1915, to January 1, 1916. Your formal notification in writing, of the same date as this, that your Government receives the suggestion favorably, will be regarded on this Government's part as sufficient to give effect to the extension, and I shall be glad to receive your assurance that it will be so regarded by your Government also. Accept, Excellency, the renewed assurances of my highest consid eration. His Excellency Count V. MACCHI DI CELLERE, Ambassador of Italy. ROBERT LANSING [The Italian Ambassador to the Secretary of State.] No. 3509.] Mr. Secretary of State: [Translation.] ROYAL EMBASSY OF ITALY By note of today's date Your Excellency, in view of the fact that it had not been feasible to complete the Commission provided for in Article 2 of the Convention of May 5, 1914, between Italy and the United States, for the prevention of international conflicts, and that, on the other hand, the time set by the Convention for the appointment of the said Commission expires tomorrow, was pleased to propose through me to the King's Government that the time within which the Commission may be completed be extended by an exchange of notes from September 19, 1915, to January 1, 1916. Your Excellency added that my formal notification in writing, of the same date of today, that the said proposition is accepted by the Italian Government would be regarded on the part of the Government of the United States as sufficient to give effect to the extension. I have the honor and hasten, for my part, to inform Your Excellency that my Government readily agrees to an extension of the time within which the above mentioned Commission may be appointed until January 1, 1916, and that it also regards the exchange of today's notes as sufficient to give effect to the extension. Accept, Mr. Secretary of State, the assurances of my highest consideration. MACCHI DI CELLERE 1915. EXCHANGE OF NOTES BETWEEN ITALY AND THE UNITED STATES RELATIVE TO THE ENJOYMENT IN ITALY BY CITIZENS OF THE UNITED STATES OF RIGHTS SIMILAR TO THOSE GRANTED UNDER THE UNITED STATES COPYRIGHT ACT OF MARCH 4, 1909. Signed at Washington February 12, March 4 and 11, 1915. The Secretary of State to the Italian Ambassador at Washington. WASHINGTON, February 12, 1915. EXCELLENCY: Referring to your embassy's note of the 2d of September, 1914, conveying certain assurances from the Royal Italian Ministry of Agriculture, Industry, and Commerce that citizens of the United States may now enjoy in the Kingdom of Italy, by virtue of Italian law, rights in regard to copyright similar to those granted by section 1 (e) of the copyright act of the United States of the 4th of March, 1909, including copyright controlling the parts of instruments serving to reproduce mechanically musical works, I have the honor to say that it seems advisable that the proclamation of the President of the United States and the Italian royal decree should be issued simultaneously, and the department therefore suggests that the 1st of March, 1915, be the day selected, if that day meets with the approval of the Italian Government. The department will, therefore, recommend to the President the issue of the proclamation on that date, in view of the assurances contained in M. Borghetti's note above mentioned of the 2d of September, 1914. The department will be glad to be informed by you, as soon as possible, whether the date, 1st of March next, is acceptable to your Government. Accept, etc. W. J. BRYAN. The Italian Ambassador at Washington to the Secretary of State. M. LE SECRÉTAIRE D'ETAT: [Translation.] WASHINGTON, March 4, 1915. The Government of His Majesty the King of Italy, my august Sovereign: Considering that by virtue of the proclamation of the 9th of April, 1910, his Excellency the President of the United States, while recognizing the enjoyment by the citizens and subjects of the Kingdom of Italy of all the benefits of the law of the 4th of March, 1909, excluded, however, those provided for in article 1 (e) of the said law, declaring in regard thereto that the matter was still under consideration; 135 Statutes at Large, 1075. *36 Statutes at Large, 2685. And bearing in mind that article 1 (e) of the said law exacts that its provisions, in so far as they guarantee the author's right for the reproduction and mechanical execution of musical works, shall not apply to works of foreign authors or composers unless the State or the nation, of which such author or composer is a citizen or subject, assures to the citizens of the United States similar rights, whether by means of treaties, conventions, or agreements, or by force of law; Have instructed me to give to your Excellency a formal assurance that, by virtue of the issue of the aforesaid proclamation of the 9th of April, 1910, American citizens and subjects enjoy in the Kingdom, by virtue of article 44 of the law T. U. of the 19th of September, 1882, fully and absolutely, the author's rights for every form of reproduction of their works, including the reproduction and mechanical execution of musical works. I have accordingly the honor to request that, on the the basis of this declaration, his Excellency the President will be good enough to issue the necessary proclamation to the end that Italian subjects may be admitted to enjoy also the special benefits provided by the aforesaid article 1 (e) of the law of the 4th of March, 1909, the Italian Government on its part undertaking to recommend the publication of a royal decree sanctioning the foregoing declarations concerning the citizens and subjects of the United States. In order that the date of the issue of the presidential proclamation may coincide with that of the royal decree, I have the honor to propose to your Excellency, in the name of the Government of the King, the date of 1st of May next. Accept, etc., V. MACCHI DI CELLERE. The Secretary of State to the Italian Ambassador at Washington. EXCELLENCY: WASHINGTON, March 11, 1915. I have the honor to acknowledge the receipt of your note of the 4th instant, in which you state that you are instructed by your Government to give the Government of the United States formal assurance that, by virtue of the issue of the proclamation of the 9th April, 1910, by the President of the United States, American citizens enjoy in the Kingdom of Italy, by virtue of article 44 of the Law T. U. of the 19th of September, 1882, full and absolute copyright for any form of reproduction of their works, including the reproduction and mechanical execution of musical works. You therefore ask that the President will be good enough to issue the requisite proclamation to the end that Italian subjects be admitted to enjoy the special benefits provided by article 1 (e) of the act of the 4th of March, 1909, your Government on its part undertaking to issue a royal decree sanctioning the declaration made above in your note concerning citizens of the United States. You suggest that the royal decree and the President's proclamation be issued on the 1st of May, 1915,1 and in order that the dates of issue may coincide. 139 Statutes at Large, 1725. |