Page images
PDF
EPUB

Supplemental treaty to the commercial and tariff convention with Switzerland of December 10, 1891, dated November 12, 1904. (Imperial Law Bulletin, 1905, p. 319.)

Supplemental treaty to the commercial and tariff convention with Servia of August 21, 1892, dated November 29, 1904.

This law goes into effect on the day of its promulgation,
Witness our own signature and the imperial seal which is affixed.
Given at Berlin, in the Castle, February 26, 1906.
[L. S.)

WILHELM.
PRINCE VON BÜLOW.

No. 3205.) Promulgation regarding the commercial relations with the United

States of America, February 26, 1906.

On the basis of the foregoing law, the Bundesrath has resolved to grant to the products of the United States of America until further change is made those tariff rates which are granted to the following-named countries by the followingmentioned treaties, respectively :

Supplemental treaty to the commercial and tariff convention with Belgium of December 1891, dated June 22, 1904. (Imperial Law Bulletin, 1905, p. 599.)

Supplemental treaty to the commercial, tariff, and shipping convention with Italy of December 6, 1891, dated December 3, 1904. (Imperial Law Bulletin, 1905, p. 413.)

Supplemental treaty to the commercial and tariff convention with AustriaHungary of December 6, 1891, dated January 25, 1905. (Imperial Law Bulletin, 1906, p. 143.)

Supplemental treaty to the commercial and shipping convention with Russia of February 10, 18994, dated July 28, 1904. (Imperial Law Bulletin, 1905, P. 35.)

Supplemental treaty to the commercial, tariff, and shipping convention with Roumania of October 21, 1893, dated October 8, 1904. (Imperial Law Bulletin, 1905, p. 253.)

Supplemental treaty to the commercial and tariff convention with Switzerland of December 10, 1891, dated November 12, 1904. (Imperial Law Bulletin, 1905, p. 319.)

Supplemental treaty to the commercial and tariff convention with Servia of August 21, 1892, dated November 29, 1904. (Imperial Law Bulletin, 1906, p. 319.)

Berlin, February 26, 1906.
COUNT VON POSADOWSKY,

Acting Imperial Chancellor.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas the Government of Germany has taken action, extending, on and after March 1, 1906, and until June 30, 1907, or until further notice, the benefit of the German conventional customs tariff to the products of the soil or industry of the United States, by which action in the judgment of the President reciprocal concessions are established in favor of the said products of the United States:

Now, therefore, be it known that I, THEODORE ROOSEVELT, President of the United States of America, acting under the authority conferred by the third section of the tariff act of the United States, approved July 24, 1897, do hereby suspend, during the continuancé in force of the said concessions by the Government of Germany, the imposition and collection of the duties imposed by the first section of said act upon the articles hereinafter specified, being the products of the soil or industry of Germany; and do declare in place thereof

the following rates of duty provided in the third section of said act to be in force and effect on and after March 1, 1906, of which the officers and citizens of the United States will take due notice, namely:

Upon argols, or crude tartar, or wine lees, crude, five per centum ad valorem.

Upon brandies, or other spirits manufactured or distilled from grain or other materials, one dollar and seventy-five cents per proof gallon.

Upon still wines, and vermuth, in casks, thirty-five cents per gallon; in bottles or jugs, per case of one dozen bottles or jugs containing each not more than one quart and more than one pint, or twenty-four bottles or jugs containing each not more than one pint, one dollar and twenty-five cents per case, and any excess beyond these quantities found in such bottles or jugs shall be subject to a duty of four cents per pint or fractional part thereof, but no separate or additional duty shall be assessed upon the bottles or jugs.

Upon paintings in oil or water colors, pastels, pen and ink drawings, and statuary, fifteen per centum ad valorem.

In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this twenty-seventh day of Feb

ruary, in the year of our Lord one thousand nine hundred [SEAL.] and six, and of the Independence of the United States of America the one hundredth and thirtieth.

THEODORE ROOSEVELT By the President: ELIHU Roor

Secretary of State.

EXECUTIVE ORDER.

Paragraph 678 of the Consular Regulations is hereby stricken out and the following paragraph substituted: Purchased goods, where certified

Invoices of merchandise purchased for export to the United States must be produced for certification to the consul of the district at which the merchandise was purchased, or in the district in which it was manufactured, but as a rule a consular officer shall not require the personal attendance at his oflice of the shipper, purchaser, manufacturer, owner, or his agent, for the purpose of making declarations to invoices, but he shall certify invoices sent to him through the mails or by messenger. To conform to the statute which requires that merchandise shall be invoiced at the market value or wholesale price of such merchandise as bought and sold in usual wholesale quantities at the time of exportation to the United States, in the principal markets of the country whence imported, consuls will certify to invoices, the additional cost of transportation from the place of manufacture to the place of shipment whenever the invoice is presented to be consulated in a country other than the one from which the merchandise is being directly exported to the United States.

THEODORE ROOSEVELT. WHITE HOUSE, March 1, 1906.

EXECUTIVE ORDER.

Paragraph 680 of the Consular Regulations is hereby stricken out and the following paragraph substituted: Invoice and declaration to be verified

When the invoice and declaration are received by the consul, it is his duty to examine carefully each item and satisfy himself that it is true and correct. In aid of this examination it shall be the duty of such consular officer to confer with official chambers of commerce and other trade organizations in his district, and he shall report any and all written communications from such commercial bodies and trade organizations that may be submitted to him in writing, together with all schedules of prices furnished him officially for that purpose; and the consul is authorized, in his discretion, to call for the bills of sale of merchandise purchased for export to the United States; to inquire into the cost of production of merchandise not obtained by purchase; to demand samples; and, if the conditions require it, to examine the entire consignment. Whenever an invoice is offered for certification which covers consolidated shipments consisting of the productions of different manufacturers, the consul may demand the submission of the manufacturers' bills relating thereto. Even when the merchandise has been purchased for export and the invoice sets out truly the price paid, the consul should ascertain whether the price represents the market value of the goods.

THEODORE ROOSEVELT. WHITE HOUSE, March 1, 1906.

Ambassador Tower to the Secretary of State. No. 905.]

AMERICAN EMBASSY,

Berlin, March 1, 1906. Sır: I have the honor to acknowledge the receipt this morning of your telegram of February 28, reading as follows:

President by proclamation dated yesterday continues from 1st proximo the benefits of section 3 Dingley Act to German products specified in commercial agreement of July 10, 1900. Inform consuls.

In accordance with your instructions, I have to-day given notice of this proclamation by letter addressed to each of the American consular officers accredited to the German Empire. I have, etc.,

CHARLEMAGNE TOWER.

MILITARY SERVICE CASE OF MAURICE KAHN.

(Continued from Foreign Relations, 1905, pp. 470-472.)

Ambassador Tower to the Secretary of State. No. 876.]

AMERICAN EMBASSY,

Berlin, January 18, 1906. Sır: I have the honor to acknowledge the receipt of your dispatch No. 438,4 of the 13th of December, 1905, relating to the case of

a Printed in Foreign Relations, 1905, p. 471.

Maurice Kahn, a naturalized American citizen, born in Alsace, who has been fined 600 marks for nonperformance of military service and to whom permission to visit his birthplace has recently been refused by the German authorities on the ground that as he was a native of Alsace he is held to be still a German subject, notwithstanding his naturalization in the United States; and you instruct me in that dispatch to keep Mr. Kahn's case in mind and continue my efforts in his behalf, making it clear that the United States Government does not acquiesce in the contention of the German Government as to the nonapplicability of the Bancroft naturalization treaties to AlsaceLorraine.

In compliance with these instructions, I have addressed a note, dated January 16, 1906, to the Imperial German minister for foreign affairs, a copy of which is herewith attached, in which I have recalled his attention to the case of Mr. Kahn, and whilst I have informed the minister for foreign affairs that by your direction I am to continue my efforts in behalf of the said Kahn, “ making it clear that the United States Government does not acquiesce in the contention of the German Government as to the nonapplicability of the Bancroft naturalization treaties to the Alsace and Lorraine," I have asked him to take again into consideration the request of the said Maurice Kahn for permission to revisit his home in Germany, and that if the facts were found to be substantially stated by Kahn, and in view of his naturalization as a citizen of the United States, a permit may be granted to him to make such a visit. I have, etc.,

CHARLEMAGNE TOWER.

[Inclosure. ]

Ambassador Touer to the Minister for Foreign Affairs.

JANUARY 16, 1906. The undersigned, ambassador of the United States of America, has the honor to recall the attention of his excellency Baron von Richthofen, minister of state and imperial secretary of state for foreign affairs, to the case of one Maurice (Moritz) Kahn, a naturalized American citizen of German birth, whose request for permission to revisit his former home in Alsace-Lorraine was presented to the imperial ministry for foreign affairs by the note F. 0. No. 603, addressed to it by this embassy on the 25th of July, 1905, in which note the request was respectfully made that if the facts were found to be substantially in accordance with the statements made by the said Maurice Kahn, namely: That he was born at Biesheim. Ober-Elsass, Kreis Colmar, on June 30, 1879; he emigrated to the United States at the age of 12 or 13 years, and since then has never been in Germany; and that before his emigration he lived at Biesheim and at Ittersweiller, Unter-Elsass, his desire might be acceded to.

The reply to this note, which the ambassador of the United States has had to receive from the imperial ministry for foreign affairs in its note No. IIIb 1472765699, dated the 28th of October, 1905, informs him that “as Kahn is still a subject of Alsace-Lorraine, he requires no special permission to reside in his own country, but if he should return, he would be liable to fulfill the sentence passed upon him, as well as to the ultimate performance of his military service."

The ambassador of the United States has reported this reply to his Government and has received instructions which direct him to “keep Mr. Kahn's case in mind and continue the efforts in his behalf, making it clear that the United States Government does not acquiesce in the contention of the German Government as to the nonapplicability of the Bancroft naturalization treaties to Alsace-Lorraine."

Acting under these instructions, therefore, the ambassador of the United States has the honor to ask that the imperial ministry for foreign affairs will

take again into consideration the request of the said Maurice Kahn for permission to revisit his home in Germany, and that, if the facts are fouad to be substantially as stated by Kahn, and in view of his naturalization as a United States citizen, a permit may be granted to him to make such a visit.

The undersigned ambassador avails himself of this opportunity to renew to his excellency Baron von Richthofen, etc.,

CHARLEMAGNE TOWER.

The Secretary of State to Ambassador Tower.

No. 465.]

DEPARTMENT OF STATE,

Washington, February 15, 1906. Sir: I have to acknowledge the receipt of your No. 876, of the 18th ultimo, in regard to the military case of Maurice Kahn, a naturalized American citizen, born in Alsace, who has been fined for nonperformance of military duty, and to whom permission to visit his former home has recently been refused by the German authorities. On the ground that he is a native of Alsace, he is held to be still a German subject, notwithstanding his naturalization in the United States.

The department approves your continuing, in compliance with instruction No. 438, of the 13th of December last, your efforts in Mr. Kahn's behalf and of your note to the minister of foreign affairs, a copy of which you transmit, in connection with this case, in which you make it clear that the United States Government does not acquiesce in the contention of the German Government as to the nonapplicability of the Bancroft naturalization treaties to Alsace and Lorraine. I am, sir, etc.,

Elihu Root.

Ambassador Tower to the Secretary of State. No. 972.]

AMERICAN EMBASSY,

Berlin, May 30, 1906. Sir: I have the honor to report to you the decision of the Imperial German Government in regard to the military case of Maurice Kahn, a naturalized American citizen, born in Alsace, who was fined for nonperformance of military duty and to whom permission to visit his former home was refused by the German authorities, on the ground that, as he is a native of Alsace-Lorraine, he is held to be still a German subject, nothwithstanding his naturalization in the United States.

This case was reported upon to you by me in my dispatch No. 876 of the 18th of January, 1900, at which date I fulfilled the instructions contained in your dispatch to me No. 438, of the 13th of December, 1905, and addressed a note, dated January 16, 1906, to the imperial German minister for foreign affairs, in which I recalled his attention to the case of Mr. Kahn and informed the minister that by your direction I was to continue my effort in behalf of the said Kahn,“ making it clear that the United States Government does not acquiesce in the contention of the German Government as to the nonapplicability of the Bancroft naturalization treaties to Alsace-Lorraine.'

I have now received from Herr von Tschirschky und Bogendorff, imperial secretary of state for foreign affairs, in reply to my note to

« PreviousContinue »