[Inclosure.] Mr. Landis to Mr. Hill. DELPHI, IND., August 11, 1902. DEAR MR. HILL: I transmit herewith a letter in the matter which I referred to you recently relative to the Sterling Remedy Company's attempt to establish itself in Vienna. Kindly make it a part of the papers. Very truly, yours, C. B. LANDIS. [Subinclosure.] Sterling Remedy Company to Mr. Landis. Kramer, Ind., August 9, 1902. SIR: I have a letter from our agent at Vienna in which he expresses the desire to have his name given to our officials, so that, if possible, he may appear before the proper authorities in Vienna in connection with the investigation of our claim of discrimination against American pharmaceuticals. The name of our agent is M. Kris, Alte, K. K. Feld-Apotheke, Wien, I., Stephansplatz 8. Mr. Kris is the manager of a drug firm that has been in existence over six hundred years. He is a man of excellent standing and was deeply interested in securing a permit for importing our goods. I think his idea really is that our interests might be furthered by application to the Austrian ambassador in Washington-of course, necessarily, through the State Department. I assume, however, that this is simply a question of procedure, and that the proper action has been taken in transmitting the matter to the American embassy in Vienna. Thanking you, etc., A. B. SCHANZ, Mr. Hale to Mr. Hay. UNITED STATES EMBASSY, Vienna, August 27, 1902. SIR: I have the honor to acknowledge the receipt of the Department's No. 60, of the 14th instant, inclosing a copy of a letter from Hon. C. B. Landis, with inclosure, relating further to the attempt of the Sterling Remedy Company to establish itself in Vienna. Referring to the Department's original instruction in this matter, No. 57, of the 28th ultimo, I have the honor to inform you that on the 11th instant, as per instruction, the above case was presented to the Imperial and Royal Government, but as yet the imperial and royal ministry for foreign affairs has not replied to this embassy's protest. I have, etc., CHANDLER HALE. Mr. Hale to Mr. Ilay. UNITED STATES EMBASSY, No. 25.] Vienna, October 13, 1902. SIR: Referring to the Department's No. 57, of July 28, 1902, inclosing therewith copies of communications from the Sterling Remedy Company, of Kramer, Ind., and from their agent at Vienna, Mr. Kris, alleging and complaining as follows: That their trade-mark "Cascarets" has been registered in Austria and Hungary, and that they have made formal and due application through their said agent to obtain the necessary permit for importing "Cascarets" into Austria and Hungary, but that such permit is withheld upon the ground that the importation of American specialties for medical purposes to be sold in packages at retail is forbidden, the regulation of the ministry of the interior, dated December 17, 1894 (R. G. Bl., No. 239), restricting the granting of such permits to cases in which those specialties have been prepared in accordance with the pharmacopoeias of European States. And instructing this embassy to present the above case to the Imperial Government, requesting an investigation and the ultimate abandonment of a course which appears to discriminate unjustly against an American export and to be inconsistent with the most-favored-nation provisions of the treaty of commerce and navigation concluded August 27, 1829, between the United States and Austria-Hungary, I have the honor to inform you that in reply to this embassy's note of August 13, 1902, presenting, as per instructions, the above case, the imperial and royal ministry for foreign affairs replies under date of the 8th instant that the ministry of the interior, having made the necessary investigations in this matter, reports that the above-named Kris petitioned the city council of Vienna on May 9, 1902, for a permit enabling him to introduce into Austria the above referred to "Cascarets," which permit was granted on June 11, 1902, but not before Mr. Kris had withdrawn said petition. The imperial and royal ministry for foreign affairs further adds that foreign medical specialties, as well as domestic pharmaceutical preparations, may be sold in Austria, provided that the druggist who petitions for the right to sell such articles complies with the provisions of the laws of December 17, 1894, No. 239, and of April 16, 1901, No: 40 (copies of which, together with translation, are herewith inclosed), and after it has been shown by examination by a committee of experts that the medical preparation in question corresponds in form and ingredients with the respective regulations. For the further information of the Department I beg most respectfully to inclose herewith a translation in full of the reply of the imperial and royal ministry for foreign affairs denying Mr. Kris's allegation that his request for a permit to sell "Cascarets" was refused. I have, etc., [Inclosure 1.] CHANDLER HALE. Translation of the verbal note from the ministry for foreign affairs. Referring to the esteemed note of August 13, 1902, in relation to the complaint made by the United States touching the sale of "Cascarets," manufactured by the Sterling Remedy Company in Kramer, Ind., and sold by Moritz Kris, druggist, in Vienna, the ministry for foreign affairs begs to say that the ministry of the interior has made the necessary investigations in this matter and now reports that the abovenamed Moritz Kris made a petition to the Vienna city council on May 9, 1902, requesting to be permitted to introduce this remedy, but that he (Kris) withdrew said petition, although the same was granted on June 11, 1902. Consequently there can have been no refusal to grant his petition. The ministry for foreign affairs begs to say, in addition, that foreign medical specialties, as well as domestic pharmaceutical preparations, may be sold in the Austrian part of the Monarchy, provided that the Austrian druggist who petitions for the right to sell these articles complies with the provisions of the law of December 17, 1894 (No. 239), and of April 16, 1901 (No. 40), and after it is shown by examination on the part of a committee of experts that the medical preparation in question fully corresponds in form and ingredients with the respective regulations. Vienna, October 8, 1902. [Inclosure 2.] Translation of law of December 17, 1894, touching retail sale of medical preparations and the manufacture of specialties. 1. The privileges granted to druggists in regard to the sale at retail of medical preparations is extended in so far as to allow not only the sale of medical preparations given in the seventh edition of the Austrian Pharmacopoeia of 1889, but also in those of the three previous editions, except those which have experienced a change of preparation as given in the seventh edition, which can be sold only on the presentation of a physician's prescription. Furthermore, it is permitted to druggists to sell at retail all articles and preparations made according to the pharmacopoeias of European countries and not subject to sale only when prescribed by a physician. All these preparations must be offered for sale only under their authentic names. In cases where drugs come into consideration which are excluded from sale, such as B. Pulvis ipecacuanha opiatus, they will be handed over to parties only in single doses and in such daily portions as will never reach the maximum limit allowed for adults, and an approximate proportion for children. Aside from this, all necessary precautions must be taken to prevent any undue use of such drugs. 2. The law of December 12, 1889, touching the arbitrary multiplications of prescriptions remains in force, but it is permitted that prescriptions now on file in drug stores may continue to be prepared, on condition that they do not contain ingredients excluded from private sale. All these and similar preparations must be labeled and known under a name signifying their nature and effect, rendering misconception or error impossible. Misleading or improper names must not be given even to well-tried remedies. For instance, "pillulæ purgantis" are not to be named "Vienna blood-purifying pills of the holy Elizabeth," or spiritus sinapis (mustard plaster) be called algophon. Inasmuch as the foregoing prohibition has not been fully complied with, druggists are held to act in conformity with this provision before the 31st of December, 1895. 3. Druggists are allowed to prepare specialties and name them under the conditions as given under paragraph 2, showing on the attached label the doses to be taken, and observing all other rules in connection with the preparation of medicines. As specialties, however, can only be considered as remedies, containing materials universally recognized as possessing healing qualities, as, for instance, balsanum copaivæ, oleum santali, etc., or medical preparations, such as extractum filicis maris, extractum cubebæ, and other mixtures prepared in a manner to make them less obnoxious to sight, smell, or taste; for instance, capsula gelatinosa, or amylace, dragées varnished, or otherwise coated pills, gelatinæ medicatæ, suppositaria medicata, sapones medicata, etc. 4. All such preparations made and sold by druggists must be entered in a book kept for this special purpose, specifying the manner and length of time of preparation and the proportions of ingredients used in the composition. Every wrapper inclosing a dose of a medical composition prepared in a drug store and kept on hand for retail sale must have a label on which is written the name of the drug store, the contents, the price, and the manner of using the article. When selling a preparation as described in the foregoing to a party, such directions must be written on the label as are given in the respective regulations. In regard to the prices to be charged for articles prepared in larger quantities and kept on hand to be sold for immediate use, the rates to be charged will not be calculated according to the tariff rates in the prescription tax, but will be made on a reduced scale, on the basis of the wholesale price of the articles and in proportion to the time consumed in their preparation. A price list must be kept in every drug store of all medical preparations exposed for sale, the prices to be in accordance with the quantities of the medicinal ingredients and materials used in their composition, which price list shall be subject to approval by the political authorities. 5. Of all medical preparations of foreign manufacture as well as of specialties prepared in Austria coming under paragraph 1 of the ministerial degree of September 17, 1883, No. 152, the druggist must keep two complete and classified lists, one for those of domestic make and one for those made abroad, which must be produced when required by the authorities or shown to the examining board when making its visit. Of all the labels, lithographed wrappers, directions for use, etc., used in the sale of medical preparations, a complete list of specimens and samples must be kept, as well as copies of advertisements and announcements, ready to be shown to the official authorities. 6. (Has become obsolete by its repeal, and the provisions of the new paragraph No. 6 will be found in inclosure No. 3.) 7. Violations of this law, if not coming under the criminal law, will be punished according to the provisions of the ministerial decree of September 30, 1857, No. 198. BACQUEHEM. [Inclosure 3.] Translation of the law of April 16, 1901 (No. 40). Modifying paragraph 6 of the law of December 17, 1894, touching retail sale of medical specialties and pharmaceutical preparations by druggists, which paragraph is to read henceforth as follows: "The proper Government officials must supervise the manufacture and sale of pharmaceutical preparations, examine the lists, and prohibit the manufacture and sale of such preparations as are found to be not in compliance with the existing regulations, leaving to the plaintiff the right to make appeal against such decision. The owner or responsible manager of a drug store must report to the proper authorities the manufacture of any new article intended to be sold to the public, as well as any foreign-made pharmaceutical preparation or specialty for the sale of which he may act as agent. "In case the authorities applied to decline to issue the permit desired, it then becomes necessary to send two samples of the article in question, in their original packages, to the provincial government, and in case the latter also declines, the case may be taken to the ministry of the interior. "The sale of the article in question can not commence until three months after notification has been made, unless previous notice has been received by the druggist stating that the ministry of the interior has found no reason to issue an order prohibiting the manufacture and sale of said article. "It is prohibited, when selling the article, to refer to this official communication. "The expenses involved in the examination of a medical preparation or a foreign remedy or specialty must be borne by the druggist who made the petition. "This law will take effect on the day of its publication." KOERBER. JEWS IN ROUMANIA-DISCRIMINATIONS AGAINST, CONDITION OF HELPLESSNESS TO WHICH THEY ARE REDUCED, AND OBJECTION OF UNITED STATES GOVERNMENT TO IMMIGRATION OF SUCH PERSONS. @ Mr. Hay to Mr. McCormick. DEPARTMENT OF STATE, Washington, August 11, 1902. SIR: In the course of an instruction recently sent to the minister accredited to the Government of Roumania in regard to the bases of a negotiation begun with that Government looking to a convention of naturalization between the United States and Roumania, certain considerations were set forth for the minister's guidance concerning the character of the emigration from that country, the causes which constrain it, and the consequences so far as they adversely affect the United States. It has seemed to the President appropriate that these considerations, relating as they do to the obligations entered into by the signatories of the treaty of Berlin of July 13, 1878, should be brought to the attention of the Governments concerned and commended to their consideration in the hope that, if they are so fortunate as to meet the a Identical instruction sent to representatives of the United States to France, Germany, Great Britain, Italy, Russia, and Turkey. See also under Roumania. approval of the several powers, such measures as to them may seem wise may be taken to persuade the Government of Roumania to reconsider the subject of the grievances in question. The United States welcomes now, as it has welcomed from the foundation of its Government, the voluntary immigration of all aliens coming hither under conditions fitting them to become merged in the body politic of this land. Our laws provide the means for them to become incorporated indistinguishably in the mass of citizens, and prescribe their absolute equality with the native born, guaranteeing to them equal civil rights at home and equal protection abroad. The conditions are few, looking to their coming as free agents, so circumstanced physically and morally as to supply the healthful and intelligent material of free citizenhood. The pauper, the criminal, the contagiously or incurably diseased are excluded from the benefits of immigration only when they are likely to become a source of danger or a burden upon the community. The voluntary character of their coming is essential; hence we shut out all immigration assisted or constrained by foreign agencies. The purpose of our generous treatment of the alien immigrant is to benefit us and him alike-not to afford to another state a field upon which to cast its own objectionable elements. The alien, coming hither voluntarily and prepared to take upon himself the preparatory and in due course the definitive obligations of citizenship, retains thereafter, in domestic and international relations, the initial character of free agency, in the full enjoyment of which it is incumbent upon his adoptive State to protect him. The foregoing considerations, whilst pertinent to the examination of the purpose and scope of a naturalization treaty, have a larger aim. It behooves the State to scrutinize most jealously the character of the immigration from a foreign land, and, if it be obnoxious to objection, to examine the causes which render it so. Should those causes originate in the act of another sovereign State, to the detriment of its neighbors, it is the prerogative of an injured State to point out the evil and to make remonstrance; for with nations, as with individuals, the social law holds good that the right of each is bounded by the right of the neighbor. The condition of a large class of the inhabitants of Roumania has for many years been a source of grave concern to the United States. I refer to the Roumanian Jews, numbering some 400,000. Long ago, while the Danubian principalities labored under oppressive conditions, which only war and a general action of the European powers sufficed to end, the persecution of the indigenous Jews under Turkish rule called forth in 1872 the strong remonstrance of the United States. The treaty of Berlin was hailed as a cure for the wrong, in view of the express provisions of its forty-fourth article, prescribing that "in Roumania the difference of religious creeds and confessions shall not be alleged against any person as a ground for exclusion or incapacity in matters relating to the enjoyment of civil and political rights, admission to public employments, functions, and honors, or the exercise of the various professions and industries in any locality whatsoever," and stipulating freedom in the exercise of all forms of worship to Roumanian dependents and foreigners alike, as well as guaranteeing that all foreigners in Roumania shall be treated, without distinction of creed, on a footing of perfect equality. With the lapse of time these just prescriptions have been rendered nugatory in great part, as regards the native Jews, by the legislation |