which will be brought about by the arbitration referred to in the treaty signed on this date, and with the object of avoiding any difficulty or dangerous conflicts in the region of the Putumayo they agree to establish during this time two zones, north and south, for provisional occupation separated by said river. The zone apportioned to Peru will consist of the territory situated to the south of the right bank, between the rivers Cobuya and Cotuhe, and that apportioned to Colombia the territory situated to the north or the left bank. 2. The Government of Colombia will name an inspector and his secretary for the customhouse of Cotuhe, who will collect import and export duties on merchandise according to the Peruvian tariff and carrying out his duties subject to Peruvian regulations until the two interested governments agree otherwise. Gum of whatever kind will pay in this customhouse the only tax, an export duty of thirty cents Peruvian money per kilogram. 3. From the date on which their agreement comes into effect-that is to say, from its approval by both interested governments-the net produce of the mixed custom-house of Cotuhe will be divided equally between the two nations and each government will pay the expenses of the employees which they maintain in the said custom-house. 4. Articles of import which, owing to their destination, should be introduced through the custom-house of Cotuhe will not pay duties in passing through the custom-house of Iquitos, through which they pass as goods in transit in the same manner as goods passed through the custom-house of Para. Such goods when passing through the custom-house of Cotuhe will only pay according to the Peruvian tariff, or according to such tariff as the two countries may agree upon. 5. In virtue of the friendly and equitable character of this agreement it is understood that the conditions underlying traffic on the river Putumayo shall be the same for Colombians and Peruvians, and the boats of both nationalities may freely ply that river. 6. The Governments of Peru and Colombia mutually bind themselves to respect and encourage the industrial enterprises of Peruvians and Colombians, who have established themselves at the present time in the zone of the river Putumayo and its tributaries. They shall not have the right to burden or in any way affect these interests with other imposts or taxes than those laid down in article three. 7. The Governments of Peru and Colombia bind themselves to in no way interfere in a manner contrary to the agreement come to so long as the frontier disputes between the two countries have not been definitely settled in accordance with the arbitration agreed upon. 8. The preceding stipulations do not in any way imply the renunciation or the recognition of territorial rights in favor of other countries, their only object being to avoid imminent danger of armed conflict between the Colombians and Peruvians exploiting this region. The object of said stipulations is to facilitate the fraternal agreement sought by the governments of both Republics. In virtue whereof they sign in duplicate and seal with their private seals the above in Bogotá this twelfth day of September, nineteen hundred and five, it being agreed upon that this convention will come into force on its approval by the executive of both governments. [SEAL.] [SEAL.] SEAL.] HERNAN VELARDE. CLIMACO CALDERÓN. Complementary act to the modus vivendi agreement signed in Bogotá, between Peru and Colombia, the 12th of September, 1905. The envoy extraordinary and minister plenipotentiary of Peru, Doctor Hernan Velarde, and the Colombian plenipotentiaries, Doctor Climaco Calderón, minister for foreign affairs, and Luis Tanco Argaez, envoy extraordinary and minister plenipotentiary in Peru, at present residing in this capital, signers of the treaties concluded on the 12th of this month, between the two Republics, and the Peruvian plenipotentiary, having expressed a desire to make clear the sense of the fourth clause of the modus vivendi, the above-mentioned plenipotentiaries agreed that the object of this clause is not to make Iquitos a transit port and a deposit for the Putumayo, but to fix the regulations which merchandise destined for the said river and passing through Iquitos will be subject from its entrance into Iquiros till its arrival at Cotuhe, where the respective duties are to be paid under strict supervision by the Peruvian customs authorities to the regulations of that country, and in virtue of which the present act forms an integral part of the modus vivendi above referred to, it being signed in duplicate and sealed with their private seals in Bogotá this twenty-third day of September, nineteen hundred and five. [SEAL.] [SEAL.] [SEAL.] HERNAN VELARDE. CLÍMACO CALDERÓN. LUIS TANCO ARGAEZ. SETTLEMENT OF THE CLAIM OF RAYMOND AND SOPHIE SMITH AGAINST COLOMBIA. Chargé Snyder to the Secretary of State. No. 93.] AMERICAN LEGATION, Bogotá, November 7, 1905. SIR: I have the honor to inform you that I have settled the claim of Raymond and Sophie Smith, American citizens, for damages suffered at the hands of government troops during the last revolution, for the sum of $1,500 gold, payable in vales de extranjeros. * * * I inclose herewith copy and translation of the resolution of the Colombian foreign office settling this claim. It might be well to remark that this is the only claim to date in which the Colombian Government has paid the full amount requested, even in vales. I am, etc., [Inclosure.-Translation.] ALBAN G. SNYDER. MINISTRY FOR FOREIGN AFFAIRES, Raymond and Sophie Smith, citizens of the United States of America, domiciled in the municipality of Aguachica, Department of Magdalena, possessed in that municipality a country estate, on which they had plantations of cacao, coffee, a dwelling house, domestic fowls and cattle. It is known in the petition that they observed neutral conduct during the last revolution. It also appears duly proved: 1st. That forces of the Gramalote battalion, which formed part of the army commanded by General Luis Morales Berti, appeared on said estate of Raymond and Sophie Smith and took various head of cattle and other domestic animals of the corral; 2nd. That later, government forces which were in Ocana under orders of Miguel Quin, civil and military chief of that city, set fire to the house of said Smiths and destroyed the plantations of the estate of Aguachica; 3rd. That revolutionary forces had entered that estate, before the house was burned, and carried off the cattle which had remained there after the Gramalote battalion of the government forces had taken the greater part; and 4th. That seeing themselves without any protection whatever, the Smiths resolved to abandon their estate, and in fact did so abandon it, going to Barranquilla, from whence they afterwards proceeded to the United States. The foreign character of the claim is proved, and it is also known that after coming to Colombia they bought the lands in the vicinity of Aguachica, built the house which was burned, cleared the land of trees and underbrush, and made the plantations of cacao and coffee which were destroyed. But the claim does not clearly prove how much of the damages and expropriations were caused by the government forces; and therefore, in consideration, on the one part, of the good faith which the claim reveals, and, on the other, that it is a case for the application of Article 2 of law 27 of 1903, deciding in good faith and belief, and bearing in mind the legal proof and form in which it is presented, as well as the rectitude with which it has been pressed by the claimants, the ministry fixes the sum of the indemnity which can be given to the petitioners at $1,500.00 In consideration of the above it is resolved: That there be recognized in favor of Raymond and Sophie Smith, citizens of the United States, as the only and definite indemnity for the value of their claim, the sum of $1,500.00 gold, payable in vales de extranjeros. It is made known that the Honorable Alban G. Snyder, chargé d'affaires of the United States, is authorized to receive the sum recognized, and that the payment should be made to him. Let it be made known, copied in the respective book, published in the Diario Oficial, and if accepted by the claimants, an authentic copy sent to the ministry of finance and treasury to be paid and placed in the archives. The minister. CLÍMACO CALDERÓN. No. 6.] The Secretary of State to Minister Barrett. DEPARTMENT OF STATE, Washington, December 15, 1905. SIR: I have to acknowledge the receipt of Mr. Snyder's No. 93, of the 7th ultimo, reporting the settlement of the claim of Raymond and Sophie Smith by the payment of the amount claimed, $1,500, in vales de extranjeros. The Department approves Mr. Snyder's action. ELIHU ROOT. REVOLUTIONARY CONSPIRACY. Minister Barrett to the Secretary of State. [Telegram.-Paraphrase.] AMERICAN LEGATION, Bogotá, December 20, 1905. (Mr. Barrett reports that an official announcement has been made of the discovery of a plot to dispose of the President of Colombia and to organize a new government. Many prominent men who were arrested are now about to undergo trial by court-matrial. Among the leaders are a former cabinet minister and generals.) Minister Barrett to the Secretary of State. [Telegram.-Paraphrase.] AMERICAN LEGATION, Bogotá, December 21, 1905. (Mr. Barrett states that the President of Colombia requests that an announcement be made that while the conspiracy was serious enough to warrant severe punishment of the conspirators there are no important ramifications through the country. His government completely controls the situation and no revolution can result from the foolishly managed conspiracy. The financial credit of the government is not weakened. The President is determined that the decision of the court-martial be executed firmly and that the majesty of the law be maintained. Foreign nations are invited to have confidence in the stability of the government.) Minister Barrett to the Secretary of State. [Telegram.-Paraphrase.] AMERICAN LEGATION, Bogotá, December 21, 1905. (Mr. Barrett reports that upon further investigation it is shown that the conspiracy aimed to assassinate the President of Colombia in his residence last night. Former minister for foreign affairs, Felipe Angulo, is the chief of the conspirators. Confidence in the government has been restored by the prompt action of the President in arresting the conspirators and providing a speedy trial for them, and complete calm prevails.) President Roosevelt to President Reyes. [Telegram.] WASHINGTON, December 22, 1905. I offer you my congratulations upon the frustration of the reported attempt against your personal safety. THEODORE ROOSEVELT. President Reyes to President Roosevelt. [Telegram} BOGOTÁ, December 25, 1905. Sincerely obliged for your congratulations. Minister Mendoza is charged to pay your excellency visit in my name on this occasion. Peace is assured all over the country. REYES. No. 460.] CUBA. PATENT MEDICINE LAW OF CUBA. The Acting Secretary of State to Minister Squiers. DEPARTMENT OF STATE, Washington, January 9, 1905. SIR: I inclose copy of a letter from A. W. Pinkham, of Lynn, Mass., to the Hon. E. W. Roberts, a member of the House of Representatives," regarding the proposed enforcement of a law in Cuba requiring a statement of the formula of patent medicines in order to obtain authorization for their sale. The complainant represents that if the law is enforced, he will have to withdraw from the sale of his preparations in Cuba. You may use your good offices in the matter and report to the Department. I am, etc., No. 1174.] FRANCIS B. LOOMIS. Minister Squiers to the Secretary of State. AMERICAN LEGATION, Habana, Cuba, February 1, 1905. SIR: I have the honor to acknowledge receipt of Department instructions No. 460, of January 9, 1905, regarding the proposed enforcement of a law in Cuba requiring a statement of the formula of patent medicines in order to obtain authorization for their sale. In reply, I beg to advise you that as a result of my inquiries I find that it is the intention of the government to actively enforce the regulations for the practice of pharmacy and particularly the pro visions of article 15. A copy of said regulations is inclosed herewith. The old Spanish law of February 24, 1844, prohibiting the sale of secret medicines has never been annulled, and, although I do not believe it to be the intention of the government to enforce same at this time, it nevertheless exists and should be taken into consideration by those drug firms doing business with Cuba. I inclose herewith translation of Governor Nunez's order granting an extension of six months' time for the fulfillment of the provisions of article 15 of the aforesaid regulations. I am, etc., H. G. SQUIERS. a Not printed. |