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exacted information from Divito to the effect that he had paid a man, whose name he does not remember, $4 to secure the inclosed certificate. It would appear also from the application of Divito that the certificate had been procured by him after a residence of only two years in the United States.

I am, etc.,

No. 211.]

Mr. Hay to Mr. Meyer.

G. V. L. MEYER.

DEPARTMENT OF STATE,
Washington, April 18, 1904.

SIR Referring to your No. 339, of the 4th ultimo, I have to say that the Acting Attorney-General of the United States states that he has forwarded to the United States attorney for the northern district of Ohio the papers relating to the apparently fraudulent naturalization of Giuseppe Divito, with instructions to investigate the case and, if the evidence is obtainable, to institute criminal proceedings against the persons involved.

I am, etc.,

JOHN HAY.

PROTECTION OF TRADE-MARKS IN MOROCCO.

Agreement effected by exchange of notes June 13, 1903-March 12,

1904.

M. Malmusi to Mr. Gummeré.

[Translation.]

TANGIER, June 13, 1903.

DEAR COLLEAGUE: I have the honor to inform you that the Government of my sovereign gives its adherence to the agreements concluded and resulting from the declarations exchanged in 1892, 1894, 1895, 1896, 1899, and 1900 between the consulate-general of the United States and the legations of France, Portugal, Belgium, Germany, Spain, Austria-Hungary, the consulate-general of Holland, and the legation of His Britannic Majesty, with regard to the mutual protection of property in trade-marks in Morocco.

I. By virtue of the civil and criminal jurisdiction which they have acquired and exercised in that country, the consuls and consular courts of His Majesty have jurisdiction over all claims regarding the infringement of trade-marks by Italian subjects.

II. Consequently, all complaints addressed to them by American manufacturers to obtain protection for trade-marks duly registered in the Kingdom against infringement by Italian subjects should in future be prosecuted, in the first place before the consular court and finally before the royal court of appeal in Genoa.

III. The right of proprietorship in trade-marks is regulated in Italy by the law of August 30, 1868.

I beg you, dear colleague, to take note of the present declaration and let me know whether Italian subjects will have the same legal protection before the consular authorities of the United States in all

that concerns the proprietorship of their trade-marks duly registered in the United States.

Accept, dear colleague, the assurances of my high consideration.

Mr. GUMMERÉ,

Consul-General of the United States of America.

MALMUSI.

Mr. Philip to M. Malmusi.

YOUR EXCELLENCY:

TANGIER, July 29, 1903.

In pursuance of your letter to the consul-general of June 13 last, I have the honor to inform you that I am in receipt of instructions from my Government authorizing me to enter into a reciprocal agreement with the Government of the Kingdom of Italy and the United States, the agreement to be for the mutual protection of trade-marks registered in Italy and the United States against infringement in Morocco by subjects of the respective nations, on the lines of that now existing between the United States and Great Britain. Accept, Mr. Minister, the assurance of my high consideration. HOFFMAN PHILIP,

Mr. MALMUSI,
Minister of Italy.

Acting Consul-General.

Mr. Gummeré to M. Gentile.

TANGIER, March 12, 1904.

SIR Referring to the letter of the 13th of June, 1903, received from his excellency the Italian minister, and to our interview of the 10th instant, I beg to assure you that I am authorized by my Government to declare that the same protection will be accorded by the consular authorities of the United States in Morocco, to Italian trademarks duly registered in the United States in conformity with the laws, as that accorded to American trade-marks under the same circumstances by Italian tribunals in Morocco.

Accept, sir, the assurance of my distinguished consideration.

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As your excellency is aware, an agreement was reached by an exchange of notes dated August 13" and 4 last between the minister

a Evidently a clerical error. For dates of notes see ante. The note of July 29 is a duplicate of the note of August 4. There is no note of August 13 in the correspondence, but one of June 13, 1903.

of Italy at Tangier and the representative there of the United States of America, respectively, to defer to the Italian and American consular courts in Morocco disputes arising from the counterfeiting of trade-marks committed by the citizens of either country to the prejudice of those of the other.

The Government of the King has issued to the royal legation at Tangier appropriate instructions for the execution of this agreement in accordance with articles 65, 67, and 111 of the existing consular laws of Italy. I am directed by my Government and have, in consequence, the honor to transmit herewith to your excellency the text of those instructions, together with its two accompaniments, for the due information of the Government of the United States and in completion of the agreement made at Tangier by the representatives of the two States. I embrace the opportunity, etc.,

V. MACCHI DI CELLERE.

JAPAN.

DIFFICULTY BETWEEN JAPAN AND RUSSIA.

NOTE. Continuation of Foreign Relations, 1903.

Mr. Griscom to Mr. Hay.

[Telegram.-Paraphrase.]

AMERICAN LEGATION,
Tokyo, January 8, 1904.

(Mr. Griscom transmits a statement from the minister for foreign affairs relating to the two points proposed by Russia, whose answer was received yesterday.

First. To maintain the stipulation relating to the establishment of the neutral zone as originally proposed by Russia; that is to say, neutralization of the Korean territory lying between Korea-Manchuria frontier and the thirty-ninth parallel north latitude.

Second. Regarding Manchuria the following stipulation is proposed by Russia: Japan to recognize that Manchuria is entirely outside her sphere of interest, and Russia not to impede in Manchuria the rights and privileges belonging to Japan and other powers under their existing treaties with China, exclusive of the establishment of foreign settlements.

Mr. Griscom reports that according to the minister's statement the Japanese Government has not yet determined what stand it will take and that the serious consideration of the matter will consume several days. The minister called special attention to the provision excluding foreign settlements, and advanced the opinion that the same practically nullifies the agreement offered by Russia not to obstruct the rights of foreign powers in Manchuria which have been established by treaties, as the absence of foreign settlements would make it impossible for any foreigner to trade or reside in Manchuria.

Mr. Griscom to Mr. Hay.

[Telegram.-Paraphrase.]

AMERICAN LEGATION,

Tokyo, January 13, 1904.

(Mr. Griscom reports that in accordance with the decision of the council of the Empire, which met yesterday, the following modifications of the Russian proposals will be submitted to the Russian Government by the Japanese minister at St. Petersburg:

First. To insist upon suppressions of the article relating to the

establishment of a neutral zone in the Korean territory north of the thirty-ninth parallel.

Second. Russian proposal concerning Manchuria to be modified as follows:

(a) Recognition by Japan of Manchuria and its littoral as being outside her sphere of interest, and an engagement on the part of Russia to respect the territorial integrity of China in Manchuria.

(b) Russia, within the limits of Manchuria, will not impede Japan nor other powers in the enjoyment of rights and privileges acquired by them under existing treaties with China.

(c) Recognition by Russia of Korea and its littoral as being outside her sphere of interest.

APPENDED NOTE.-It should be remarked that suppression of the clause including the establishment of settlements in Manchuria is because of its conflict with the stipulations of the new commercial treaty between Japan and China. In this respect, however, Japan will be satisfied if she receive equal treatment with another power which has already acquired similar rights in regard to settlements in Manchuria.

The above appended note will be a part of the note verbale which will be presented to Russia, which will also state that "the modifications are presented in a spirit of perfect conciliation and in the hope that they will be received in the same spirit on the part of the Russian Government," and which will close by expressing "the hope of an early reply."

It is intended to make it clear that the note verbale is in no way considered an ultimatum, and the council decided that "in the event of no reply from Russia being forthcoming within a reasonable time, or of the receipt of an unfavorable reply, the Japanese Government will consider and decide what measures it may have to take to protect its rights and interests." The note verbale will not specify any time limit in which a reply is expected. It will be telegraphed to St. Petersburg this evening.)

Mr. Griscom to Mr. Hay.

[Telegram.-Paraphrase.]

AMERICAN LEGATION,

Tokyo, January 27, 1904.

(Mr. Griscom reports that the Japanese Government has intimated to the Russian minister that an answer is now about due to its note verbale of the 16th instant.)

Mr. Griscom to Mr. Hay.

[Telegram.-Paraphrase.]

AMERICAN LEGATION,

Tokyo, February 5, 1904.

(Mr. Griscom reports that warlike preparations are being rushed, and that it seems that the Japanese Government has decided that it

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