5. The contracting parties concur to enter into an agreement in regard to the reciprocal recognition of the proving stamp of small arms. 6. Goods of precious metals which are imported by commercial travelers solely as samples for the purpose of exhibition in the import registry proceedings for tariff protection and which, therefore, can not pass into free traffic shall, upon request of the party, be exempted from the compulsory stamping when corresponding guarantee is furnished, which is forfeited in case the reexportation of the samples does not take place within the proper period. 7. In the treatment of the transit of goods which takes place to or from the Bavarian community Balderschwang through Austrian territory to or from the rest of Bavaria, the existing facilities remain in force. 8. Unadulterated wines (select Tokay, Szamorodner) which were raised in Hungary in the community of Tokay and in the remaining community of the Tokay wine district, are not to be considered as dessert wines (southern wines, sweet wines) of foreign origin in the sense of the German imperial law of May 24, 1901, relating to the traffic in wines, beverages containing wine and resembling wine. (Reichs-Gesetzblatt, 1901, p. 175.) The enactment of §2 of the said law is therefore not applicable to them, that in the recognized cellar treatment, inclusive the preservation of dessert wines (southern wines, sweet wines) of foreign origin a greater quantity of alcohol than one cubic measure to one hundred cubic measures of wine may be added without finding therein an adulteration or imitation of the wine in the sense of §10 of the German imperial law of May 14, 1879, relating to the traffic in provisions, table luxuries, and articles of use. (Reichs-Gesetzblatt, 1879, p. 145.) In conformity with §3 No. 3, §5, §13, §16, and §18 of said law of May 24, 1901, it is further forbidden in the district where the latter is in force to manufacture professionally or to imitate beverages which come into traffic under the designation of Tokay, medicinal Tokay, select Tokay, Szamorodner, or under any other designation pointing to localities of the Tokay wine district, by the use of dried fruits (also of extracts or decoctions) or by condensed grape juice, or to sell or to offer for sale such beverages in so far as they have been manufactured, even if not professionally, by the use of such fruits and materials. The Tokay wine district includes: (a) In the territory of the Comitat Zemplén, the territory of the community Bekecs, Erdőbénye, Erdőhorváti, Golop, Jóseffalva, Károlyfalva, Bodrogkeresztur, Kisfalud, Legyesbénye, Mád, Monok, Bodrogolaszi, Olaszliszka, Ond, Petrahó, Rátka, Sárostatak, Sátoraljauhely, Szegilong, Szerencs, Szölöske, Tállya, Tarczal, Tokaj, Tolcsva, Kistoronya, Vámosujfalu, Végardó, zombor, Bodrogzsadány; (b) In the comitat Abauj-Torna, the territory of the community Abaujszántó. 1. Upon the export of barley or barley malt from the free traffic of the German tariff territory certificates of importation will be issued with the provision only that the determination of its tariff valuation is based upon the lowest tariff rates which are for the time being in force for separate kinds of barley or its uses. 2. The Austro-Hungarian export tariff on rags (Hadern) and other waste for the manufacture of paper will not exceed 9.60 K. for 100 kilograms. 3. It is agreed that in reference to the enactment of laws relating to sugar, neither of the contracting parties can be restrained by the enactments of the present convention from carrying out the requirements imposed upon them by the Brussels convention of March 5, 1902. V. The following is substituted for Figure 1 of the stipulations of Article 3 of the existing convention: 1. Articles produced in the territory of one of the contracting parties by the manufacture of foreign materials having a favored tariff for refining purposes are not excluded from the treatment as trade products of that contracting party. In the traffic between the contracting parties the granting of the tariff favors of the present convention upon the articles named therein which are of greater economic importance for the export country, are subject to the production of proof of origin only when the requirement of an urgent commercial policy exists therefor. VI. For Figures 3 and 4 of the stipulations of Article 3 of the existing convention the following is substituted: 3. Tariffs A and B-import tariffs in both tariff territories. (a) Under the general German tariff A (annex to the present convention) and the stipulations pertaining thereto, the tariff of December 25, 1902, as framed in the law of like date is understood, and under the general Austro-Hungarian tariff B (annex to the present convention) and the stipulations pertaining thereto, the draft of the new general tariff for the Austro-Hungarian tariff territory is understood. (b) When a basic tariff and additional or supplemental tariff is to be levied on articles mentioned in one of the appended convention tariff's A and B, in the calculation of the tariff rate the basic tariff of the lowest rate to be levied on the products of the other party is used, unless the two convention tariffs provide special exceptions. Under the same condition, in case of tariff reference for an article mentioned in both convention tariffs, the lowest rate of tariff to be levied by the other party must be taken as basis, if the purport of the several concessions in accord with the convention which come into consideration for this ta.iff are in accord with such procedure. The words "of the general tariff" added to the nomenclature of tariff numbers, sections, or classes in the convention tariffs A and B, constitute no exception to the above rule. (e) Hops in closed air-tight metallic cylinders may be dispatched without examination of the contents if the shipment is accompanied by a certificate from a customs or finance bureau, certifying that the contents of the cylinder consists of hops, and, furthermore, that the cylinder was officially closed by the respective bureau; or that in shipments of entire railway carloads the latter were placed under customs lock and seal. (d) Bottles, jugs, and similar vessels which have served for the export of mineral water into the territory of the other party are, upon their return, when empty, admitted free of duty by each of the contracting parties upon request of the party and upon observance of the forms of the registry proceedings. (e) For buttons of horn, horn material, or bone as well as for such made of vegetable ivory, areca, and the like, concurrent administrative regulations will be issued that only the cards of pasteboard or paper to which the buttons are sewed or otherwise fastened will be considered as belonging to the dutiable net weight of the goods, and that pasteboard boxes (cartons), including those having a sample button fastened thereto, into which the buttons or the cards with attached buttons are packed, are not subject to the tariff. (ƒ) No. 107 of tariff A. Upon payment of duty on live chickens of all kinds and on other live fowl (except geese) which are imported without special packing in railway cars, the valuation of the dutiable net weight will be determined by weighing on the railway scales (centesimal balance) in such a manner that the weight of the empty car (adding in coop cars and other railway cars specially prepared for the transportation of fowls the weight of the fixed appliances) is deducted from the total weight of the car including the cargo. Upon importation of chickens, etc., in special packing (cages, coops, and the like) four-fifths of the total weight are taken as the net weight as a basis for the tariff valuation. VII. Figure 2 of the stipulations of Articles 6 of the existing convention is worded as follows: 2. In import traffic by both parties the following articles are admitted free, subject to local revocation or restriction of this favor in case of abuse of the same: Meat, butchered, fresh and prepared, in quantities of not more than two kilograms. Mill products of grain and legume, common pastry (bread), in quantities of not more than three kilograms, provided these goods for the inhabitants of the frontier district are not imported by mail. But each of the contracting parties reserves the right to abrogate entirely or in part the favors agreed upon in Figure 2 after six months' notice has been given. VIII. The following new stipulation is added: To Article 9 of the convention. As long as Austria and Hungary collect the internal beer revenue on German beer on the basis of the saccharimetric strength of its wort, the certificates of this strength issued by German scientific institutions are recognized by the Austrian and Hungarian authorities. The shipments of beer accompanied by such certificates will not be subjected anew to an examination in regard to the saccharimetric strength, provided that the respective prescriptions are complied with by the scientific institution, and that no special doubts as to the correctness of the certificate exists. The customs authorities by whom imported shipments of beer are expedited have the right to take samples now and again without detaining the shipment. These samples must be provided with the prescribed identification marks and must be sent under seal of the authorities and of the party to the examination bureau of the technical finance control at Vienna, respectively Budapest, for examination as to the exact strength of the wort. Should this examination disclose faults in the preparation of the certificate, notice of the same must be given immediately to the respective ministry of finance. On the other hand, the German authorities will recognize the certificates of the result of the examination of Austrian or Hungarian wine which were issued by Austrian or Hungarian scientific institutions, in cases where the examination is necessary for the expedition by the customs authorities. The shipments of wine accompanied by such certificates will not be subjected anew to an examination, provided that the respective prescriptions are complied with by the scientific institution, and that no special doubts as to the correctness of the certificate exists. The governments of the contracting parties will arrive at an agreement in regard to the scientific institutions which shall be empowered to issue the certificates, as well as to the prescriptions to be observed in issuing the certificates and the preceding examination of the beer and wine. FR 1905-5 Each of the contracting partics reserves the right, in case abuses should occur, to withdraw under six months' notice from this agreement. IX. The first paragraph of the stipulations of Article 15 of the existing convention is eliminated. At the beginning of the second paragraph the words "The contracting parties" are substituted for the words "The same." X. Figure 4 of the stipulations of Article 16 and 18 of the existing convention is worded as follows: For the tariff despatch in reciprocal railway traffic and for the application of the sealing of vessels the stipulations specially agreed to are in force. XI. The following new Figure 1 is inserted under the stipulations of Article 19 of the existing convention: 1. In the valuation of duties of every kind on commerce and trade the origin of the goods handled in these enterprises will not in itself result in a more unfavorable calculation of these duties. The former No. 1 will be denoted as 1a. XII. The following new number is added to the stipulations of Article 19: 3. Under freight-conveyance enterprise, in the sense of the fourth paragraph of Article 19, the professional expedition of goods and persons on land routes, excepting railroads, must be understood. Under license tax every tax imposed on industrial traffic, including the tax on the income from the same, must be understood, no matter whether the tax is collected for the account of the State, of the community, etc. In so far as the industrial carries on transportations between separate localities lying within the territory of the other contracting party he is subject to the tax in accordance with the laws of the land, taking into account the existing agreements in order to avoid the imposition of a double tax. If the industrial is engaged in the territories of the other contracting party, in addition to freight conveyance or shipping enterprises in another independent business not directly dependent upon the pursuit of these enterprises or possesses real estate, he is subject to the taxes for the same also, without reduction in accordance with the laws of the country. In the shipping enterprise the management of another independent business is not considered to mean that the industrial transmits on the stations lying in the territories of the other party the goods which have arrived from his home country by means of his transportation facilities to the recipients residing at that locality direct or by means of the railroads, etc., and vice versa, that he receives the goods designated for transportation by his transportation facilities and directs them to be brought to his transportation facilities for embarkation, nor can the mere maintenance of a permanent business connection with an independent forwarding agent resident within the territories of the other party be construed as constituting such business. XIII. The following new stipulations are added: To Article 20 of the convention. It is understood that with reference to the stated stipulation of reciprocity the privileges, functions, and favors to be granted to the consuls of the one party in the territories of the other in accordance with the most favored nation clause cannot be granted in a greater measure than are granted to the consular representatives of the latter party in the territories of the first party. To Article 23 of the convention. With reference to the procedure in cases in which, in conformity with the first and second paragraphs of Article 23a arbitration takes place, the following is agreed to between the contracting parties: In the first litigation the arbitration tribunal has its session in the territories of the defendant party, in the second litigation in the territories of the second party, and thus alternating in the territories of one or the other party, in a city which will be designated by the respective contracting party. This party has to provide for the preparation of the rooms, the clerical force, and the servants required by the arbitration tribunal for its work. The umpire is president of the arbitration tribunal which decides by a majority of votes. The contracting parties will come to an agreement in each separate case or once for all about the procedure of the tribunal of arbitration. In default of such agreement the procedure will be decided upon by the tribunal of arbitration itself. The procedure may be written if neither of the contracting parties enters protest. In this case the stipulations of the preceding article may be waived. Concerning the summons and examination of witnesses and experts, the authorties of each of the contracting parties will, upon the request to be made by the tribunal of arbitration to the respective government, give legal assistance in the same manner as upon request by the local civil courts. ARTICLE 6. The contracting parties obligate themselves in friendly cooperation to investigate the treatment of workmen of the one party in the territories of the other in regard to the protection and insurance of the workmen for the purpose of insuring reciprocally to these workmen, through suitable agreements, a treatment which offers them the most equitable advantages. These agreements will be put in force by a special convention, irrespective of the taking effect of the present additional convention. ARTICLE 7. The present additional convention will take effect February 15, 1906. The existing commercial and tariff convention of December 6, 1891, with the modifications and additions stipulated by the additional convention, shall remain in force until December 31, 1917. But each of the contracting parties reserves the right to denounce the convention twelve months before December 31, 1915, with the effect that the same expires on that date. In case neither party takes advantage of this right nor gives notice twelve months before December 31, 1917, that the convention is to become inoperative on that day, the convention with its said modifications and additions shall remain in force beyond December 31, 1917, until the expiration of one year from the day on which one or the other of the contracting parties shall have denounced it. ARTICLE 8. The present convention shall be ratified and the ratifications shall be exchanged as soon as possible. In witness whereof both plenipotentiaries have signed the present additional convention and have affixed their seals thereto. Done in duplicate at Berlin, January 25th, 1905. LIABILITIES OF AMERICAN CITIZENS OF AUSTRO-HUNGARIAN ORIGIN UPON THEIR RETURN TO AUSTRIA-HUNGARY. No. 221.] Chargé Hale to the Secretary of State. AMERICAN EMBASSY, Vienna, April 15, 1905. SIR: I have the honor to acknowledge the receipt of the Department's No. 147 of the 1st instant, a inclosing copy of a letter from the Hon. Henry M. Goldfogle, M. C., from New York, in regard to the case of a naturalized American, a native of Austria, who is desirous of visiting his former home, but is apprehensive that his desertion from the Austrian army at the time of his emigration may cause him trouble should he visit this Empire. Concerning the facts desired by Mr. Goldfogle, viz, regarding an alleged amnesty decree issued by the Emperor, under which the person in whose behalf Mr. Goldfogle writes, could return in safety to his native land, and the liability to extradition from Germany to Austria of a person still deemed guilty of desertion under the laws of this country, I beg to report as follows: 1. By order of the Emperor an amnesty decree (copy of which is inclosed herewith) was issued on December 2, 1898, on the occasion of the celebration of the fiftieth anniversary of His Majesty's accession to the throne. This decree applied only to those who had been summoned for military service, but had failed to appear for examination as to their fitness for same. I am reliably informed that the above amnesty decree is the only one dealing with military offenses ever issued by the Emperor. It does not cover the act of desertion, and a Not printed. consequently the person in question would on return to his native land be liable to trial and punishment for nonfulfillment of his military duty in conformity with the treaty of September 20, 1870, between the United States and Austria-Hungary. 2. I find upon inquiry at the German embassy that an extradition treaty for the delivery of military fugitives, made in 1831 and still in effect, exists between Austria and the Kingdom of Prussia and that practically similar treaties likewise exist between the monarchy and all the other states forming the present North-German confederation. Such being the case, it seems to me that if the person in whose behalf Mr. Goldfogle writes should come to Germany he would, despite his present American citizenship and in conformity with the treaties last above referred to, and also with our naturalization treaty with Austria-Hungary of 1870, be theoretically liable to extradition. I believe, however, that the gentleman in question, if bearing an American passport, could in reality safely come to Germany for an indefinite sojourn without fear of such molestation.. I have, CHANDLER HALE. [Inclosure. Translation.] Circular order of December 3, 1898, Section 4, No. 2416. No. 237.-Act of amnesty for persons who fail to present themselves for military service in the kingdoms and provinces represented in the Imperial council, and members of the Austrian Landwehr. The amnesty act contained in the circular order of the Austrian minister for national defense of November 23, 1898, No. 3188 (army orders for the Austrian Landwehr, No. 53, of November 26, 1898), on account of the fiftieth anniversary of His Majesty's accession to the throne, is hereby proclaimed as follows: His Imperial and Royal Apostolic Majesty on December 2, 1898, deigned to grant: 1. To all subjects of the kingdoms and provinces represented in the Imperial council who are now undergoing punishment for failure to present themselves for military service or whose term of military liability has merely been prolonged for this reason remission of the remaining punishment and of the prolongation of the military liability, unless they are also undergoing punishment or criminal prosecution for another offense; to those above-mentioned persons who are undergoing investigation or trial for failure to present themselves for military service or who have already been criminally prosecuted or who are merely awaiting a prolongation of their term of military liability, unless they are undergoing punishment, or prosecution for another crime, remission of further investigation and punishment, as well as of the prolongation of the military liability administered in connection therewith or as the sole punishment; to those who are being criminally prosecuted and to those who are awaiting criminal prosecution or merely a prolongation of their term of liability on condition that within one year from this proclamation of amnesty they shall comply with the obligation of presenting themselves for military service and perform any such service to which they may be liable according to law. 2. To all members of the Landwehr of the kingdoms and provinces represented in the Imperial council who are undergoing punishment because of failure to obey a command to perform exercises under arms or because of desertion by disobedience of such command, unless they are also undergoing punishment or criminal prosecution for another crime, the remission of the remaining punishment; furthermore, to all members of the Landwehr of the kingdoms and provinces represented in the Imperial council who, owing to disobedience of a command to take part in exercises under arms or owing to desertion by disobedience of such command are undergoing investigation or criminal prosecution or are awiting criminal prosecution or disciplinary punishment on this score, unless they are also being punished or criminally prosecuted for another crime, remission of further investigation and punishment; to persons undergoing criminal prosecution and to those awaiting criminal prosecution or disciplinary punishment, on condition that within one year after the proclamation of this amnesty they shall request to be included within it, and in case they have already been declared deserters, but have not yet been sentenced as such, that they shall relinquish the grade they are holding. (Imperial decisions of November 20, 1898.) EDLER VON KRieghamner, General of Cabinet. No. 238. Similar to above order, but referring to Hungary. |