ARTICLE 1. All speeches in public and all publications in any magazine, newspaper, pamphlet, periodical, handbill or in other printed or written form, are hereby prohibited in any of the following circumstances: (a) When such speech or publication contains anything which favors, supports or advocates anarchy or what is known as Bolshevism; (b) When such speech or publication contains any statement, teaching or doctrine counselling, advising or suggesting either the overthrow of the Military Government by force or resistance to any law or lawful order thereof; (c) When such speech or publication is so hostile towards the Military Government, or that of the United States, their policies and their officers, civil or military, or so severely critical of them as to indicate an intent to incite unrest, disorder or revolt; (d) When such speech or publication contains any portrayal or representation of conditions in the Dominican Republic in such terms. as to indicate an intent to incite unrest, disorder or revolt. Intent as used in this Article may be conclusively presumed from the nature and character of the publication or speech and the natural meaning of the words used therein. ARTICLE 2. The right of assembly and free speech shall not be interferred with except as necessary to preserve order. ARTICLE 3. Violations of the above prohibitions shall be considered an offense against the Military Government and the courts thereof shall have jurisdiction to try and determine all cases arising hereunder. The author of the speech or article, the publisher thereof and all persons knowingly aiding or abetting the writing, delivery or publication thereof, shall upon conviction be punished as principals, and this shall be taken to include all persons responsible for or having control over the magazine, periodical, newspaper or other publications in which the article shall appear, or over the place or hall in which the speech shall be made. ARTICLE 4. In addition to punishment for the above and without derogating there from, the publication of any magazine, newspaper, periodical or other printed or written matter in which articles violating this order may appear, may be suspended or prohibited, and any hall or public place in which speeches violating this order are made may be closed. ARTICLE 5. A violation of any of the provisions of this order will subject the offender to a fine of not more than $3,000 dollars or imprisonment at hard labor of from one month to five years, or both such fine and imprisonment. The provisions of the Penal Code respecting the penalty of trabajos publicos shall not apply to infractions of this Law. ARTICLE 6. Paragraphs numbered 2, 3, 4 and 5 of Executive Order No. 385 are hereby revoked.28 ARTICLE 7. All laws and parts of laws in conflict with this Law, are hereby repealed. THOMAS SNOWDEN Rear Admiral, United States Navy, SANTO DOMINGO, D.R. Dec. 6, 1920. [Enclosure 2] Executive Order No. 573, December 6, 1920, of the Military Government of Santo Domingo, Regarding Defamation By virtue of the powers vested in the Military Government of Santo Domingo, the following Order is hereby promulgated: ARTICLE 1. "Defamation" and "insult", as herein defined and penalized, are hereby declared to be delitos. ARTICLE 2. The penalty for publicly defaming or insulting the Government of the United States of America or any officer thereof, or the Military Government of Santo Domingo or any officer thereof, shall be correctional imprisonment of not more than two years, or fine of not more than one thousand dollars, or both such fine and imprisonment. ARTICLE 3. Defamation is the allegation or imputation of an act the commission of which would bring dishonor or ill-repute upon some person or entity. An insult is any insolent remark, invective or contemptuous expression that does not convey an imputation that a certain act has been committed. ARTICLE 4. Defamation of any other representative, agent or employee of the Government of the United States or of the Military Government shall be punished by a fine of not more than five hundred dollars or by imprisonment of not more than six months or by both such fine and imprisonment. ARTICLE 5. Imputations made concerning such officer, representative, agent or employee, when identified by name or otherwise, do not constitute defamation nor insult where such imputations are the expression of the truth. The burden of proving the truth thereof rests with the accused. ARTICLE 6. In case of an insult or defamation of any such officer, representative, agent or employee, when not identified by name or otherwise, the offense shall be deemed as against the corresponding Government. ARTICLE 7. Infractions of this Executive Order shall be tried and determined by tribunals of the Military Government of Santo Domingo. ARTICLE 8. All laws and parts of laws in conflict with this Law are hereby repealed. SANTO DOMINGO, D. R., 839.918/9 Dec. 6, 1920. THOMAS SNOWDEN Rear-Admiral, United States Navy, Military Governor of Santo Domingo The Acting Secretary of State to the Secretary of the Navy (Daniels) WASHINGTON, January 3, 1921. MY DEAR MR. SECRETARY: I have the honor to inform you that this Department has just received, and noted with much concern, a despatch from the American Minister at Santo Domingo enclosing copies of Executive Orders Nos. 572 and 573, forbidding under penalty publication of certain articles or the expression of certain statements within the Dominican Republic, of which I presume, from the recent conversations which you have had with the Department of State, you likewise have been unaware. I feel certain, from sentiments which you have expressed from time to time, that you fully concur in my opinion that the above mentioned Executive Orders are peculiarly objectionable as breathing a spirit foreign to American ideals and actions. And further, I view these Executive Orders, if possible, with the more regret since they are calculated to counteract the good effect of our Proclamation of December 23rd last,29 relative to withdrawal, as well as to embarrass the successful achievement of the intentions set forth therein. Therefore, I hasten to enclose herewith, as agreed upon in a recent conversation in this connection, an Executive Order 30 for promulgation by the Military Governor of Santo Domingo, which will revoke Executive Orders Nos. 572 and 573, and leave in force as Article II. the second paragraph of Executive Order No. 385, clauses (a) and (b).31 In view of the seriousness of this matter, I have the honor to request that instructions to the above effect be sent immediately to Rear Admiral Snowden, Military Governor of the Dominican Republic, and that he be informed of the opinion of the Department of State in regard to Executive Orders Nos. 572 and 573. I am [etc.] Ante, p. 145. 30 Not printed. NORMAN H. DAVIS 31 Ante, p. 163. 839.918/10 The Secretary of the Navy (Daniels) to the Acting Secretary of State WASHINGTON, January 5, 1921. MY DEAR MR. SECRETARY: I am in receipt of your esteemed favor of the 3rd instant, in which you state that the Executive Orders issued by the Military Governor of Santo Domingo are calculated to counteract the good effect of the Proclamation of December 23rd last, relative to withdrawal. I concur with you in this opinion and have cabled the Military Governor to issue a new proclamation annulling Executive Orders Nos. 572 and 573 and in its place to issue a proclamation requesting co-operation and appealing to the best sentiment of the people of Santo Domingo to co-operate in the high purpose we have in mind. I am [etc.] JOSEPHUS M. DANIELS BOUNDARY DISPUTE WITH HAITI (See volume I, pages 295 ff.) ECUADOR FINANCIAL AFFAIRS Project for an Italian Loan of 40,000,000 Sucres to Ecuador-Plan for Refunding the Ecuadoran Foreign Debt by Banks in the United States 722.65/Orig.: Telegram The Minister in Ecuador (Hartman) to the Secretary of State QUITO, October 2, 1919-noon. Morning papers publish following clauses from memorandum presented to Government of Ecuador by Colonel Bendetto Accorsi, Chief of the Commercial Delegation of the Italian Government who arrived in Quito a few days ago: "1st, Italy will send a minister resident to Quito and a consul of career to Guayaquil; 2d, an Italian company guaranteed by the Italian Government will establish an aero service for mail in the triangle Quito, Cuenca, Guayaquil; 3d, the Ecuadorean Government will cede to Italy the monopoly of tobacco in leaf with guarantees for the manufactured tobacco in the entire Republic. In exchange the Italian Government grants to Ecuador a credit of 30,000,000 sucres for use exclusively for following purposes: (a) Ten million sucres for construction of the railroad from Quito to Esmeraldas. (b) Ten million for construction of the railroad from Puerto Bolivar to Cuenca and Loja. (c) Ten million for the railroad from Guayaquil to St. Elena and the respective wharves each one of these ports. Preference to be given to Italian companies for the exploitation of mines and coal, petroleum, minerals, forests, et cetera not only on the continent but also in the Galapagos Islands." Newspaper reports President called a meeting of the Cabinet yesterday to consider the memorandum. Will report developments. HARTMAN |