ART. 88. Service roads ought to be situated in districts which satisfy all the essential conditions exacted for nucleus colonies, and by preference will be opened on fallow lands or private estates, which have been abandoned when accidents of position or splitting up into strips which are more fertile, or other circumstances suggest the adoption of this system for their better exploitation. ART. 89. Service roads will only be made over fallow lands by the State or in agreement with it.

ART. 90. The definite construction of service roads over private estates will be undertaken by the owners, or in agreement with them, unless, when surveys and plans have been made, no agreement can be come to and it is found necessary to disappropriate the estates in the public interest.

ART. 91. Service roads will be the same basis as nucleus colonies in every respect.

DIVISION III. CONCERNING IMMIGRATION.

CHAPTER I. Concerning the introduction of immigrants.

ART. 92. The Federal Government will promote the introduction of immigrants who, being agriculturists and accompanied by their families, desire to settle in the country as owners of the land on lots belonging to nucleus colonies or on such other estates as satisfy the requirements of this decree.

ART. 93. Immigrants will be introduced in proportion as the lots are measured, marked out, and ready for their reception.

ART. 94. In special circumstances, and in order to meet an obvious and immediate want, the Federal Government may, at its discretion, bring in, at its own expense, professors of agriculture or industry or immigrants of any nationality and profession for the construction of railways, public works, factories, etc., which will be to the advantage of the immigrants.

ART. 95. Immigrants shall be considered spontaneous who come from foreign ports and travel second or third class at their own expense.

ART. 96. The union will refund the third-class fares from the port of embarkation to the port of disembarkation to such spontaneous immigrants as are farmers and whose families consist of at least three persons of more than 12 and less than 50 years of age fitted for work and who settle as owners of the land.

§ 1. The amount to be refunded for passages will be calculated according to the price paid during the same month to shipping companies who have carried immigrants between the same ports at the expense of the union, or, failing this, at the expense of the States.

If no such basis is available, the fares will be refunded in accordance with the usual prices charged by the respective companies.

§ 2. The right to this refunding lapses if the same is not claimed within two years from the date of entry of the ship on which they arrived.

ART. 97. When the number of spontaneous immigrants arriving in the country is not deemed sufficient or to be increasing satisfactorily, the union will grant, free of charge (without any repayment whatsoever having to be made to the Government), to such foreigners who are farmers and arrive accompanied by their families or invited by them, when they have been recognized as immigrants according to the terms of article 2 and come with the intention of settling as owners of the land:

I. Third-class passages from the port of embarkation to the port of Rio de Janeiro or any other Brazilian port which is properly equipped with a department for their reception and housing.

II. At the above-mentioned ports, reception, disembarkation of themselves and their baggage, lodging, food, medical attention and medicine in case of illness at their arrival and for such period as may elapse before they are settled at the point which they may choose.

III. Transport by rail or steamer to the station or port of destination. ART. 98. Such immigrants as are spontaneous or come with their passages paid by the States or third parties and arrive at Rio de Janeiro or any other Brazilian port which is properly equipped for their reception and housing will be granted the privileges mentioned in Nos. I and II of the preceding article. ART. 99. Such immigrants as come into the country at the expense of the union, according to article 94, will also have a right to the privileges laid down by article 97.

ART. 100. Immigrants' baggage, including tools necessary to agriculture or for the profession to which they belong, will be admitted duty free in accordance with the law at present in force.

ART. 101. All information that they may desire will be afforded to immigrants by means of interpreters, who will accompany them whenever necessary.

ART. 102. Immigrants are absolutely free to choose their destination, and it is strictly forbidden to influence them in any way in this matter.

ART. 103. Representatives of Brazil and immigration commissioners abroad will take every measure necessary to prevent the arrival of second and third class passengers who can not be recognized as immigrants ex-vi article 2 of this decree.

The officials for the reception of immigrants, the doctors attached to the public health department, and the police of Brazilian ports will prevent the disembarkation of such persons, and the shipping companies on whose vessels they arrive are obliged to repatriate them.

CHAPTER II. Concerning formalities for the introduction of immigrants.

ART. 104. Immigrants will be brought in at the expense of the union by shipping companies or shipowners who have been duly authorized by representatives of the Federal Government. The price will be fixed beforehand, whilst the hygienic condition and the accommodation of the passengers must be assured in accordance with the dispositions of this decree.

ART. 105. The agreement shall be fixed by one or more companies as and when the Federal Government may determine, and preference shall be given to those who best meet the wishes of the Government and offer the best guaranties, together with low rates for rapid transit and good accommodation and treatment for the immigrants.

ART. 106. Any agreement for the introduction of immigrants will only remain in force at the convenience of the Federal Government, which reserves to itself the right, by its own action or those of its accredited representatives, of exercising full fiscal action, of choosing immigrants, of refusing those who do not comply with established conditions, of refusing right to embark, of limiting the number of passengers, and, finally, of refusing to recognize the agreement at any time without any indemnity.

ART. 107. Only those immigrants will be introduced at the expense of the union whose passages have been arranged with companies with whom an agreement is in force by the duly accredited representatives of the Government. ART. 108. Whilst the agreement is in force the companies will also bind themselves:

I. To grant to all emigrants who shall be classed as immigrants, according to article 2 of this decree, and who desire to come with second or third class passages, which they pay themselves (spontaneous), a rebate of 10 per cent on the official rates, according to their ages and the ports of embarkation and disembarkation.

II. To never charge higher prices than those arranged with the Federal Government, in accordance with age and between the same ports, for the transport of immigrants who are introduced through the officials of the federal immigration service at the request of governors of States, companies, associations, and private individuals who undertake to bear the expense.

ART. 109. Preference for transport by shipping companies who have contracts under this decree will be given to spontaneous immigrants, those invited by their relations already established here, those called officially, and the families of farmers which consist solely of members of over 12 and under 50 years of age.

ART. 110. Companies which undertake the introduction of immigrants must advise Government at least eight days before their arrival here as to the date of embarkation abroad, the probable date of arrival, the name of the ship on which they are coming, and their number.

ART. 111. Immigrants brought in at the expense of the Federal Government shall present a list in duplicate, in which shall be inscribed their name, age, state, nationality and profession, relationship to the head of the family, and quantity of luggage, containing their own declaration that they have disbursed nothing for their own passages or those of their families or for the transport of their baggage.

These documents must bear the visé of the official appointed for this purpose at the port of embarkation or, in default of this, the visé of the Brazilian consul or consular agent.

ART. 112. The company carrying immigrants at the expense of the Federal Government will draw up a detailed list of the baggage handed to them, which,

together with the other documents, will be presented to the officials at the port of arrival.

ART. 113. Such immigrants as are brought in at the request and expense of the States, companies, associations, and private individuals of the federal immigration agency abroad must also possess documents similar to those held by immigrants brought in at the expense of the Federal Government.

ART. 114. Immigrants' luggage shall arrive on the same vessel as themselves, and the company, when receiving it at the port of embarkation, shall hand to each immigrant, or head of the family, a receipt showing the number of pieces belonging to him and such marks as will facilitate their delivery.

These receipts must be checked with the list treated of in article 112 of this decree.

ART. 115. The parentage, age, morality, and profession of the immigrants shall be proved by trustworthy documents bearing the visé of the official appointed for this purpose at the port of embarkation or, in default of this, the visé of the Brazilian consul or consular agent, any of which officials shall have the right to refuse these and other documents which they may consider to be false or insufficient.

ART. 116. In the agreements made with the shipping companies, rules shall be laid down affecting the constitution of families or immigrant farmers who are to be brought in at the expense of the Federal Government, as well as any other conditions which may affect the service.

CHAPTER III. Concerning the service of receiving, disembarkation, housing, feeding, and distribution of immigrants.

ART. 117. The service of receiving, disembarkation, housing, feeding, and dis tribution of immigrants will be carried out at the expense of the union at the port of Rio de Janeiro.

ART. 118. In State ports the services treated of in the preceding article will be at the expense of the State interested, whilst the union may also lend aid, as indicated in this chapter, by mutual arrangement.

ART. 119. The union will grant aid to the States toward defraying the expense of the service of receiving, disembarkation, housing, and distribution, if the immigrants are brought in at the expense of the Federal Government or are spontaneous, according to the conditions of this decree.

ART. 120. In other cases than those provided for in the preceding article the cost of the said services will not be defrayed by the union, but will be at the expense of the States, companies, association, or private individuals.

ART. 121. Without previous official authorization the companies, associations, or private individuals may not undertake the disembarkation of immigrants. ART. 122. Union aid, as referred to in article 119, will consist in payment to the States of an amount previously fixed and calculated on an average per immigrant, taking into consideration the conditions of the port and of disembarkation, the time spent in the hostels, which must not exceed six days, except in the case of the illness of an immigrant or of a member of his family.

So soon as the state government has made an arrangement with the Federal Government as to the amount payable, the latter will appoint an official at the respective hostel, who shall calculate the amount of the grant to be made and shall take such measures as may be necessary for arranging the destination of the immigrants and furnishing them with such information as they may require. ART. 123. Transport by rail or boat will be paid for by the union when the immigrants are spontaneous and when they request same, when they have been brought in at the expense of the Federal Government, companies, associations, or private individuals, and when the means of communication are under the administration of the Federal Government.

ART. 124. Transport by high roads or cart roads from the railway stations, or ports where the immigrants disembark, to the nucleus colonies or place of destination will be furnished by the union if the said colony be under their administration, and at the expense of the States, companies, associations, or private individuals when these have founded the nucleus colonies or have brought in the immigrants.

ART. 125. The lodging of newly arrived immigrants at the nucleus colonies or place of destination will be at the expense of the administration of said colonies or of the parties who brought in the immigrants, whether these be the union, the States, companies, associations, or private individuals.

ART. 126. The services of receiving, disembarkation, housing, feeding, and distribution of immigrants are worthy of the greatest care on the part of the officials, who shall carry out such services with the utmost zeal.

CHAPTER IV. Concerning repatriation.

ART. 127. Government will repatriate such agricultural immigrants as may desire it, who have been brought in at the expense of the union, if they have resided in Brazil for less than two years and under the following conditions:

I. Widows and orphans who absolutely can not support themselves and have no members of their families to fall back upon,

II. Such immigrants as are incapacitated from work on account of incurable disease or from accidents arising from work, if they have no other members of their family fit for work.

III. Wives and children (less than 12 years of age) of immigrants in the above-mentioned case, if they have no means of support.

IV. Children of less than 12 years of age and members of immigrant families in the above-mentioned circumstances.

ART. 128. For repatriation to be granted to immigrants in Cases I, III, and IV of the preceding article, they must have lived continuously under the roof of the head of the family whose absence and incapacity is the reason for their request.

ART. 129. Repatriation will be granted, if requested, to spontaneous immigrants or to those recognized as such according to the dispositions of this decree when they are in the condition mentioned in articles 127 and 128.

ART. 130. Such immigrants as are in the position referred to in the three preceding articles and wish to return to their country of origin will be given thirdclass passages by Government to the port nearest their destination, and aid toward their expenses of 50$ to 200$, according to the number of persons in the family and the length of the journey.

ART. 131. Lots which are held on definite titles by immigrants having a right to repatriation may be sold by them or transferred for their advantage, without prejudicing the rights of third parties, and on the liquidation of any debts they may have contracted with the union. If the title is provisional, they will be authorized to sell or transfer them for their own benefit, according to the rights which they possess.

ART. 132. The Federal Government may defray the expenses of a trip home as reward to such immigrants who have resided not under three and not over six years in Brazil, and who own definite titles to landed property. Such rewards will be granted only to immigrants who by their good behavior, morals, and zeal in their work shall have deserved them.

ART. 133. The Federal Government shall every year fix the number of the rewards referred to in the preceding article and authorize the choice of the immigrants entitled to them, granting them free return tickets if desired.

ART. 134. The transmission and reception of letters and telegrams between immigrants and their relations or friends residing abroad will be facilitated as much as possible through interpreters or by other means.

ART. 135. Nucleus colonies for the exclusive reception of Brazilian farmers will only be founded by the union when the public need demands it and the interested State can not undertake the same. The State will, however, contribute a share of the expenses.

ART. 136. The Federal Government will employ all the necessary means for disseminating knowledge by means of an active propaganda of the natural advantages, multifarious resources, and easily gained livelihood which Brazil offers to hard-working people who desire to employ their activity on any part of its territory.

ART. 137. For the full and complete execution of this decree supplementary instructions will be issued.

ART. 138. All dispositions to the contrary are hereby revoked.

Rio de Janeiro, April 19, 1907.

MIGUEL CALMON DU PIN E ALMEIDA.

SIR: I have the honor to inclose herewith a translation of the following three documents, which appear in the Diario Oficial of December 20, 1907:

Treaty of boundaries and navigation between Brazil and Colombia; Modus vivendi relative to navigation and commerce on the Ica or Putumayo; and

A protocal complementary to the modus vivendi agreement.

I also inclose a translation of the letter of Baron do Rio Branco, the Brazilian foreign minister, transmitting these documents to the President of Brazil for submission to the ratification of the Federal Congress.

The point in Baron do Rio Branco's letter which has specially attracted my attention is his allusion to the treaty concluded in 1777 between Portugal and Spain, for the purpose, as has always been maintained by the interested Spanish-American republics, of defining the boundary between the possessions which, in colonial times, were Portuguese and which were Spanish. The statement is made by the Brazilian foreign minister that by common consent Brazil and Colombia agreed to regard this treaty as not in force, and to make the actual possession of their nationals, and their rights growing therefrom, the criterion of decision.

Accompanying this dispatch I also forward the department a copy of the Diario Oficial containing the original text of the several documents hereinbefore specified, and will forward a second copy by the next mail, not having it or being able to procure it in time for this outgoing mail.

I have, etc.,

IRVING B. DUDLEY.

[Inclosure 1.-Translation.]

Treaty between Brazil and Colombia.

The Republic of the United States of Brazil and the Republic of Colombia, desirous of consolidating on a firm and durable basis their old relations of peace and friendship, of suppressing any reasons for discord, and for facilitating the development of their interests of good friendship and of commerce, have decided to conclude the following treaty, and taking into consideration, for a friendly agreement, the condition of their respective powers and rights, for that purpose have nominated their plenipotentiaries, viz: His Excellency the President of the Republic of the United States of Brazil, Dr. Enéas Martins, minister resident on special mission near the Government of Colombia; and His Excellency the President of Colombia, Gen. Alfredo Vasquez Cobo, minister of foreign relations, who, after having exhibited their full powers, which have been found in due form, have stipulated the following: