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articles, sent down the river Elbe by reason of cheaper freight rates and shipped by way of Hamburg, pass off as German goods, and the Austrian export to America is perhaps considerably larger than the official statistics show. One should think that America, with its wealthy population not averse to a good glass of spirits, would be a splendid market for the excellent Austrian and Hungarian wines, the more so as the domestic article grown in California and Ohio can hardly be said to be a fair substitute. The manner of adulterating wine, and producing it by chemical processess, has increased rapidly. Wines are passed off in America as Tokayer and Burgundy which never grew on European soil, and it almost seems as if that which we cherish most and constitutes one of the characteristics of its genuineness, namely, the peculiar flavor of the soil on which it has grown, renders it disagreeable to the taste of an American to whom the terrapin, with its taste resembling shoe leather, is a delicacy, and who therefore prefers a chemical preparation composed of vile substances. I hope Austria will not let pass the opportunity which offers itself in the impending exhibition at St. Louis in order to enlighten America as to the value of its products. Nor will it be inopportune for Austrian manufacturers to take into consideration certain peculiarities and demands of trans-Atlantic agents and merchants and the American public at large. The latter rely upon the greater facilities of the manufacturer insuring a prompt supply of the goods ordered. Waiting is not to its liking. One needs here either cheap things by the dozen or very costly articles of the first class. Articles possessing a certain air of artistic workmanship, such as the Vienna mechanic likes to give even to articles of everyday use, are not appreciated here. Esthetics is a different science here in the New World from what it is in Europe. It springs from the adaptability of an article to its use, from well-porportioned plainness, and rejects the purely ornamental. With the Vienna baroque style you can make no headway here. The desire to replace immediately parts lost or injured render necessary the production of a certain number of standard patterns or forms as perfect as possible, the parts of which can easily be exchanged, replaced, and are everywhere obtainable. This apparent simplicity, however, renders necessary trials, experiments, and the making of models to an extent unknown in Europe, where enterprise and capital are frequently lacking. Millions are spent in America for making studies to produce a special machine before a single specimen is placed on the market, while the German manufacturer demands the new pattern ready for use and continues to work with an old imperfect machine, when more perfect machinery has been for some time already in the possession of his competitor. The American also divorces manufacturing from the distribution of the product, and the Germans were farsighted enough to adopt the same principle. The manufacturing and export of goods should be things as distinct from each other as framing laws and administering laws. The more pronounced the distinction between the banker, the manufacturer, and the merchant, the easier will be the development of each. The American is surprised to find that this maxim is so little known in Austria, and believes that the manufacturer would do better by sharing the profits from his products with the merchant, whose care it will be to look to the increase of the export, and looks upon this practice as the first condition for the increase of Austrian export to the United States.

PROTECTION OF CUBAN INTERESTS BY UNITED STATES CONSU

LAR OFFICIALS.

Mr. McCormick to Mr. Hay.

[Telegram-Paraphrase.]

LEGATION OF THE UNITED STATES,
Vienna, June 28, 1902.

(Mr. McCormick reports that the request of the President of Cuba that United States consuls be permitted to extend protection to Cuban citizens and interests, conveyed in Department's telegram" of May 24, has been granted by Government of Austria-Hungary.)

a Printed, page 6.

ADMISSION INTO AUSTRIA-HUNGARY OF PROPRIETARY PREPARATIONS OF AMERICAN MANUFACTURE.

No. 57.]

Mr. Hill to Mr. McCormick.

DEPARTMENT OF STATE,

Washington, July 28, 1902.

SIR: The Sterling Remedy Company, of Kramer, Ind., as will appear from inclosed copies of communications from that company and their agent at Vienna, Mr. Kris, allege and complain as follows:

That their trade-mark "Cascarets" has been registered in Austria and Hungary, and that they have made formal and due application through their said agent to obtain the necessary permit for importing "Cascarets" into Austria and Hungary, but that such permit is withheld upon the ground that the importation of American specialties for medicinal purposes to be sold in packages at retail is forbidden, the regulation of the ministry of the interior, dated December 17, 1894, (R. G. Bl. No. 239,) restricting the granting of such permits to cases in which those specialties have been prepared in accordance with the pharmacopoeias of European states.

You are instructed to present this case to the Imperial Government, requesting an investigation and the ultimate abandonment of a course which appears to discriminate unjustly against an American export and to be inconsistent with the most-favored-nation provisions of the treaty of commerce and navigation concluded August 27, 1829, between the United States and Austria-Hungary.

In preparing this case for presentation you will avail yourself of so much of the material furnished in the inclosures as you may find appropriate for the purpose, and you may, in your discretion, consult with Mr. Kris, the company's agent, in respect to the matter.

I am, etc.,

[Inclosure.]

DAVID J. HILL,
Acting Secretary.

Sterling Remedy Company to Hon. C. B. Landis, M. C.

KRAMER, IND., July 1, 1902.

SIR: In developing our foreign business we have encountered a difficulty in Austria and Hungary which seems to look like a direct discrimination against the United States. We have been negotiating for nearly a year with Mr. Kris, the manager of the Alte K. K. Feldapotheke, the best-known drug house in Vienna, with reference to introducing our goods in that Empire. The first suggestion to enter the territory referred to came from the other side. We have made efforts to meet every requirement and condition affecting the importation of our goods into those countries.

Our application for registering the trade-mark "Cascarets" in Austria and Hungary was filed first of all, and such trade-marks have been registered there.

We also prepared a formula showing contents of "Cascarets," properly sworn to and legalized by the general consulate at Chicago, and made application through our agent, Mr. Kris, to obtain the necessary permit for importing "Cascarets" into Austria and Hungary. To-day we are receipt of a letter from our agent, which I have translated and inclose you a copy, together with clipping referred to in the communication. Said clipping is necessarily printed in German, and the paragraph marked thereon authorizes the importation of preparations made in European States, which, if strictly construed, would be a very marked discrimination against the

a Not printed.

United States and probably inconsistent with the favored-nation treaty undoubtedly in existence between the two countries.

We have already spent considerable time, work, and money in preparing for the sale of our goods in this territory, and we do not feel that we ought to abandon the enterprise on account of a ruling which certainly can not be based on equitable international principles.

You will notice Mr. Kris's suggestion to have our Department of State interpellate the Austrian embassy regarding this subject, and it occurred to Mr. Kramer and myself that you might be willing and able to take this matter up for us, as being one of great importance to the proprietary interests of America. We do not think this question has ever been brought to adjudication. If the condition which reveals itself in our negotiations is to be maintained, then the importation into Austria of any chemical goods put up in packages ready for retailing is prohibited as far as America is concerned, whereas all European countries have at least a chance to secure admission of their products.

Will you please advise whether you can take any action personally in this matter and see the Secretary of State with reference to it, or be kind enough to give us the correct advice in the premises?

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HONORED SIRS: Last week I spent the forenoon of every day in the sanitary department in connection with this matter, and herewith communicate to you the result of our consultations.

a

The importation of American specialities for medicinal purposes to be sold in packages at retail is forbidden under the rulings of the department. The United States are specifically excluded. In answer to my remark addressed to the sanitary referee, that the United States were supposed to be on earth, he pointed out to me that he was compelled to adhere strictly to the letter of the law. I am of the opinion that the clause referred to must be an oversight of our authorities, and inclose herewith a clipping of our medicinal tax schedule for your information. I have been compelled to withdraw our application in the form in which it was filed, and on Wednesday, June 18, shall call on the American consul here, and call his attention to this question. The importation by prescription-i.e., through the medical profession, A. B. S.could be accomplished, but this method would be inadequate for a large commercial enterprise like this. I have no doubt but that, with your assistance, I shall be able to secure the right of retailing your goods, and beg you, immediately upon receipt of this letter, to have your proper authorities interpellate the Austrian embassy regarding this subject. It certainly can not be the case that you Americans are allowed to import our articles put up for the retail trade while the reverse privilege is denied us. Regarding my audience with the American consul-general, I shall report to you within a few days. I hope you will not hesitate in taking the necessary steps, as the sale in our country of this article is certain to be an extensive one, but these legal formalities must be gone through.

Respectfully,

M. KRIS.

Mr. Adee to Mr. Hale.

No. 60.]

DEPARTMENT OF STATE,
Washington, August 14, 1902.

SIR: Referring to the Department's No. 57, of the 12th ultimo, I inclose a copy of a letter from Hon. C. B. Landis, with inclosure, relating further to the attempt of the Sterling Remedy Company to establish itself in Vienna.

I am, etc.,

ALVEY A. ADEE,

Acting Secretary.

a Not printed.

[Inclosure.]

Mr. Landis to Mr. Hill.

DELPHI, IND., August 11, 1902. DEAR MR. HILL: I transmit herewith a letter in the matter which I referred to you recently relative to the Sterling Remedy Company's attempt to establish itself in Vienna.

Kindly make it a part of the papers.

Very truly, yours,

C. B. LANDIS.

[Subinclosure.]

Sterling Remedy Company to Mr. Landis.

KRAMER, Ind., August 9, 1902.

SIR: I have a letter from our agent at Vienna in which he expresses the desire to have his name given to our officials, so that, if possible, he may appear before the proper authorities in Vienna in connection with the investigation of our claim of discrimination against American pharmaceuticals. The name of our agent is M. Kris, Alte, K. K. Feld-Apotheke, Wien, I., Stephansplatz 8.

Mr. Kris is the manager of a drug firm that has been in existence over six hundred years. He is a man of excellent standing and was deeply interested in securing a permit for importing our goods. I think his idea really is that our interests might be furthered by application to the Austrian ambassador in Washington-of course, necessarily, through the State Department. I assume, however, that this is simply a question of procedure, and that the proper action has been taken in transmitting the matter to the American embassy in Vienna.

Thanking you, etc.,

A. B. SCHANZ, Secretary Sterling Remedy Company.

Mr. Hale to Mr. Hay.

UNITED STATES EMBASSY,

Vienna, August 27, 1902.

SIR: I have the honor to acknowledge the receipt of the Department's No. 60, of the 14th instant, inclosing a copy of a letter from Hon. C. B. Landis, with inclosure, relating further to the attempt of the Sterling Remedy Company to establish itself in Vienna.

Referring to the Department's original instruction in this matter, No. 57, of the 28th ultimo, I have the honor to inform you that on the 11th instant, as per instruction, the above case was presented to the Imperial and Royal Government, but as yet the imperial and royal ministry for foreign affairs has not replied to this embassy's protest. I have, etc.,

CHANDLER HALE.

Mr. Hale to Mr. Hay.

UNITED STATES EMBASSY,

No. 25.]

Vienna, October 13, 1902.

SIR: Referring to the Department's No. 57, of July 28, 1902, inclosing therewith copies of communications from the Sterling Remedy Company, of Kramer, Ind., and from their agent at Vienna, Mr. Kris, alleging and complaining as follows:

That their trade-mark "Cascarets" has been registered in Austria and Hungary, and that they have made formal and due application through their said agent to

obtain the necessary permit for importing "Cascarets" into Austria and Hungary, but that such permit is withheld upon the ground that the importation of American specialties for medical purposes to be sold in packages at retail is forbidden, the regulation of the ministry of the interior, dated December 17, 1894 (R. G. Bl., No. 239), restricting the granting of such permits to cases in which those specialties have been prepared in accordance with the pharmacopoeias of European States.

And instructing this embassy to present the above case to the Imperial Government, requesting an investigation and the ultimate abandonment of a course which appears to discriminate unjustly against an American export and to be inconsistent with the most-favored-nation provisions of the treaty of commerce and navigation concluded August 27, 1829, between the United States and Austria-Hungary, I have the honor to inform you that in reply to this embassy's note of August 13, 1902, presenting, as per instructions, the above case, the imperial and royal ministry for foreign affairs replies under date of the 8th instant that the ministry of the interior, having made the necessary investigations in this matter, reports that the above-named Kris petitioned the city council of Vienna on May 9, 1902, for a permit enabling him to introduce into Austria the above referred to "Cascarets," which permit was granted on June 11, 1902, but not before Mr. Kris had withdrawn said petition.

The imperial and royal ministry for foreign affairs further adds that foreign medical specialties, as well as domestic pharmaceutical preparations, may be sold in Austria, provided that the druggist who petitions for the right to sell such articles complies with the provisions of the laws of December 17, 1894, No. 239, and of April 16, 1901, No. 40 (copies of which, together with translation, are herewith inclosed), and after it has been shown by examination by a committee of experts that the medical preparation in question corresponds in form and ingredients with the respective regulations.

For the further information of the Department I beg most respectfully to inclose herewith a translation in full of the reply of the imperial and royal ministry for foreign affairs denying Mr. Kris's allegation that his request for a permit to sell "Cascarets" was refused.

I have, etc.,

[Inclosure 1.]

CHANDLER HALE.

Translation of the verbal note from the ministry for foreign affairs.

Referring to the esteemed note of August 13, 1902, in relation to the complaint made by the United States touching the sale of "Cascarets," manufactured by the Sterling Remedy Company in Kramer, Ind., and sold by Moritz Kris, druggist, in Vienna, the ministry for foreign affairs begs to say that the ministry of the interior has made the necessary investigations in this matter and now reports that the abovenamed Moritz Kris made a petition to the Vienna city council on May 9, 1902, requesting to be permitted to introduce this remedy, but that he (Kris) withdrew said petition, although the same was granted on June 11, 1902. Consequently there can have been no refusal to grant his petition.

The ministry for foreign affairs begs to say, in addition, that foreign medical specialties, as well as domestic pharmaceutical preparations, may be sold in the Austrian part of the Monarchy, provided that the Austrian druggist who petitions for the right to sell these articles complies with the provisions of the law of December 17, 1894 (No. 239), and of April 16, 1901 (No. 40), and after it is shown by examination on the part of a committee of experts that the medical preparation in question fully corresponds in form and ingredients with the respective regulations.

Vienna, October 8, 1902.

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