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Chargé Sleeper to the Secretary of State.
Habana, July 24, 1906. (Mr. Sleeper reports that considering their declaration of ignorance of the law and promise to not again transgress, he has received from the Secretary of State assurances that his request for the pardon of Miss Millie Brown and associates will be favorably considered at the Cabinet meeting to-morrow.)
Chargé Sleeper to the Secretary of State. No. 144.]
Habana, July 26, 1906. Sir: In continuation of legation dispatch No. 135, of the 19th instant, relative to Miss Millie Brown, L. C. Giltner, and H. L. Augustine, American citizens imprisoned at Nueva Gerona, Isle of Pines, for the erection of a private telegraph line, in violation of military order No. 50, series of 1902, I have the honor to advise the department that the father of Miss Millie Brown called at the legation on Monday last—the 3d instant—and assured me that his daughter had not intentionally violated military order No. 50 and that he felt positive that Messrs. Giltner and Augustine were equally guiltless of any intention to transgress the law. In view of Mr. Brown's personal statement, the youth of his daughter, and other attendant circumstances, I called at the foreign office and again brought up the question of a pardon. After some conversation, Doctor O'Farrill stated that if I could obtain from Brown and her associates a promise that they would not again infringe the aforesaid military order No. 50, his Government would favorably consider a request for their pardon.
On leaving Doctor O’Farrill's office I immediately sent the following telegram:
JULY 23, 1906. Messrs. GILTNER and H, AUGUSTINE and Miss MILLIE BROWN,
Carcel, Nueva Gerona: Will you authorize me to request pardon for you under promise not to again infringe military order No. 50? Reply legation.
SLEEPER, Chargé. and on the next day received their reply as follows:
NUEVA GERONA, July 24, 1906. SLEEPER, Charyé American Legation, Habana:
We authorize you to request pardon, and promise not to infringe military order No. 50.
BROWN. As agreed upon, I then addressed a note to the Secretary of Statecopy inclosed herewith-stating that I had received the necessary promise and requesting their pardon, at the same time cabling you of my action. I confirm my cable on the overleaf.
59605—F R 1906—-33
On the 25th instant-yesterday-Miss Brown and Messrs. Giltner and Augustine were duly pardoned-cablegram to department confirmed on overleaf--and telegraphic instruction sent to the local authorities at Nueva Gerona advising them of the President's action and directing them to at once liberate the prisoners.
Referring to my previous dispatch, No. 135, page 2, paragraph 1, it appears from a report of Mayor Sanchez, of Nueva Gerona, that, in obedience to instructions, he called upon Miss Brown and offered to take her to his house, but that she refused to go, stating that she preferred to remain in jail until the return of her father from Habana, where he had gone to lay the case before the legation.
I inclose herewith copy of Miss Brown's protest to Minister Morgan, dated June (July 15, 1906, and translation of Doctor O'Farrill's reply, dated the 26th instant, to my request for pardon.
I have taken occasion to call at the foreign office and express to the secretary my appreciation of the courtesy of his Government in granting this pardon.
Unless otherwise instructed by the department, the legation will consider the incident closed. I have, etc.,
Chargé Sleeper to the Secretary of State and Justice of the Republic of Cuba.
JULY 24, 1906. Your EXCELLENCY: Referring to the imprisonment of Miss Millie Brown and Messrs. L. C. Giltner and H. L. Augustine in the jail at Nueva Gerona, Isle of Pines, for violation of military order No. 50, series of 1902, prohibiting the unauthorized construction of any telegraph or telephone line, and in view of the declaration of the aforesaid Millie Brown et al. that they were ignorant of the fact that the erection of a private telegraph line constituted a breach of the law of this Republic, and, furthermore, that they have promised this legation not again to transgress the provisions of the aforesaid military order No. 50, series of 1902, I have the honor to respectfully request that they be pardoned. I avail myself, etc.,
(Signed) JACOB SLEEPER.
Miss Brown to Jlinister Jorgan.
LA CARCEL, NUEVA GERONA,
Isla de Pinos, IV. I., June 15, 1906. SIR: Together with H. L. Augustine and L. C. Giltner, all of us residents of the American colony of the town of Columbia, I have assisted in the installation of a telegraph line connecting our respective homes.
The line has a length of some 1.800 feet and was built simply for the purpose of amusement and diversion. A few days after we had installed the line, we were summoned before the judge of first instance and instruction to give information regarding the matter. We made a simple declaration to the court that the line had been built by us on private lands only for the purpose of amusement and with no idea of operating for revenue.
After massing a volume of testimony, the worthy court pronounced sentence of a joint fine of $100 for violating military order No. 50 of the laws of 1902. Rather than submit to the extortion, we have accepted the alternative of thirtythree and one-third days' imprisonment.
For the crime” of which we are guilty, thousands of young Americans are going unpunished to-day.
We are now serving our sentence in the La Carcel, where we are the companions of other jail birds of all shades of color. We are entirely dependent
on our jailers, the rural guards, who have been kind enough to loan us three army cots, with a few coverings sadly in need of laundering.
Besides the indignity of arrest and imprisonment without cause are added the outrage of compelling a 19-year-old girl to pass thirty-three days and nights in the close companionship of some twenty guards and male prisoners.
I am inclosing the foregoing information in the hope that you will use your influence in the behalf of ourselves and other outraged American citizens of the Isle of Pines. I am, etc.,
(Signed) MILLIE J. BROWN.
The Secretary of State and Justice of the Republic of Cuba to Chargé Sleeper.
DEPARTMENT OF STATE AND JUSTICE,
DIVISION OF STATE,
Habana, July 26, 1906. MONS. CHARGÉ D'AFFAIRES: I acknowledge your polite note of the 24th instant, in which your honor requests the pardon of Miss Millie Brown and Messrs. L. C. Giltner and H. L. Augustine, sentenced to a fine of $100 or, in default of the payment thereof, the corresponding imprisonment, for violation of military order No. 50, series of 1902, which prohibits the unauthorized erection of telegraph and telephone lines. In view of the fact that the offense has not injured a third party and that the prisoners are repentant of their unlawful acts and promise not to again transgress this law, His Excelency the President, upon my recommendation and after consultation with the cabinet council, pardoned the individuals mentioned above, thus showing a mark of distinction toward your honor. I renew, etc.,
(Signed) JUAN F. O'FARRILL.
FOREIGN RICE MILLED IN THE UNITED STATES DENIED THE
BENEFIT OF THE RECIPROCITY TREATY.
DEPARTMENT OF STATE,
Washington, January 30, 1906. (Mr. Root, referring to assurance by Cuban treasury under date of July 27, 1904, to Mr. Hawley, in reply to inquiry respecting benefit of reciprocity treaty rate to foreign rice milled in this country and shipped to Cuba by Seaboard Rice Milling Company, instructs the legation to urge upon Cuban Government granting of benefit to their shipment of 350 bags per Titlis, and to intended shipment of about 2,000 bags, bought for such shipment by them and entailing great loss if not shipped under that benefit. The company's agents at Habana, Louis G. Smith & Co., may be consulted for needed detail.)
Chargé Sleeper to the Secretary of State.
Habana, January 30, 1906. (Mr. Sleeper reports compliance with the department's telegram of 30th, relative to the Seaboard Rice Milling Company, and adds that the answer of foreign office will be made known to the department as soon as possible.)
Chargé Sleeper to the Secretary of State. No. 1457.]
Habana, February 2, 1906. Sir: I have to acknowledge receipt of department telegram of January 30, 1906, in regard to granting the reciprocity treaty rate to foreign rice milled in the United States and shipped to Cuba by the Seaboard Rice Milling Company.
On receipt of the aforesaid telegram, and after consultation with the company's agent here, I addressed a communication to the foreign office urging the Cuban Government to grant to the Seaboard Rice Milling Company the benefit of the aforesaid treaty rate and advised the department by telegraph of my action.
I inclose herewith copy of legation note to the foreign office and confirm on the overleaf my telegram to the department of January 30, 1906.
I shall advise the department of the result of my representations on receipt of Doctor O'Farrill's reply. I am, etc.,
[Inclosure.] Chargé Sleeper to the Secretary of State and Justice of the Republic of Cuba.
Habana, January 31, 1906. Your EXCELLENCY: Referring to the assurances given to Mr. Ilawley by the Cuban treasury department, under date of July 27, 1904, in reply to an inquiry in regard to granting the benefit of the reciprocity treaty rate to foreign rice milled in the United States, and therefore clearly a product of the industry of the United States, and shipped to Cuba by the Seaboard Rice Villing Company, I am instructed to urge that your excellency's Government give the benefit of the aforesaid rate to a shipment of 350 bags which entered this port by steamship Titlis from Galveston on the 1st instant, and to such further shipments as may be contemplated by the aforesaid Seaboard Rice Milling Company.
If the benefits of the reciprocity treaty are withheld from this and further shipments, a great financial loss will result to the shippers and at the same time work an injury to an established industry of the United States. I reiterate, etc.,
Chargé Sleeper to the Secretary of State. No. 1474.]
Habana, February 20, 1906. Sir: In continuation of my dispatch No. 1457 of the 2d instant, and referring to department's instructions No. 589 of the 10th instant, regarding granting the benefits of the reciprocity treaty to a cargo of rice of foreign origin milled in the United States and shipped to Cuba by the Seaboard Rice Milling Company, I have the honor to transmit to the department, herewith inclosed, copy of Mr. O'Farrill's note No. 133 of the 16th instant, with inclosures from the Cuban treasury department (replying to my note to the foreign office No. 814 of the 31st ultimo), in which the advantages of the reciprocity treaty are refused to the rice in question. I have, etc.,
Secretary of Department of State and Justice of Cuba to Chargé Sleeper.
DEPARTMENT OF STATE AND JUSTICE,
DIVISION OF STATE,
Habana, February 16, 1906. MR. CHARGÉ D'AFFAIRES : Referring to your honor's polite note No. 814 of the 31st ultimo, soliciting the granting of the benefits enjoyed by products of American industry under the treaty of reciprocity to foreign rice husked in the United States, I have the honor to inclose to you a copy of a communication from the Secretary of the Treasury, No. 2319 of the 14th instant (together with copies of the documents therein cited), relative to this matter, and beg to inform your honor at the same time that I am in complete accord with the contention upheld in the said communication.
I understand, just as in the case of Brazilian coffee roasted in the United States, that foreign rice, even though husked in a State of the American Union and thereby changed in appearance, continues to be a product of the foreign soil where it was harvested and never of American industry; for which reason I am of the opinion that the advantages of the reciprocity treaty can not be conceded to it. I reiterate, etc.,
(Signed) JUAN F. O'FARRILL.
Mr. Rivera to Mr. O'Farrill.
REPUBLIC OF CUBA,
Habana, February 14, 1906. Mr. Secretary of State and Justice.
MR. SECRETARY : In reply to your communication No. 529 of the 2d instant, transmitting note No. 814 of the Chargé d'Affaires of the United States, requesting information in regard to the matter of which his letter treats, I beg to say that this department understands, in conformity with the opinion held in that under your worthy charge, that foreign rice milled in the United States and imported into this island has no claim to the benefits of the reciprocity treaty celebrated with that nation, inasmuch as it is not a product of either the soil or its industry.
I call your attention to the fact that the communication of July 27, 1904, cited in the aforesaid note, of which I inclose copy, does not refer to rice milled in the United States, but to that which shall have undergone a process of manufacture or elaboration prior to its exportation to Cuba, the cleaning of the grain being insufficient to be considered a manufacture.
I also inclose to you a copy of the ruling of the board of general appraisers in the case of an importation of rum manufactured in France from unmanufactured sugar cane from Martiniqne (a French possession), for which the importers claimed the benefits of the treaty of reciprocity with France. As can be seen, the board ruled that it had no right to the benefits of the treaty for the reason that the raw material from which the rum was made was imported into france and therefore h:!d no right to the benefits of the treaty celebrated with that nation. Respectfully,
RULING, BOARD OF GENERAL APPRAISERS-CUSTOMS DECISIONS.
Ruling by the Board of General Appraisers yesterday. General Appraiser Hay yesterday rendered a decision on the French reciprocity treaty. It was based on the assessment of duty by the collector at San Francisco. The merchandise was rum and was assessed for duty under para