[Inclosure.]

Decree No. 158.]

HAVANA, November 22, 1906.

I. To facilitate the collection of evidence and the settlement of claims which have been presented, or may hereafter be presented against the Government of Cuba, and which have arisen by reason of the recent insurrection. a claims commission is hereby established by decree to consist of three members, to be appointed by the provisional governor.

II. All claims will be transmitted, in the form hereinafter prescribed, to the department of state and justice, and will be entertained by the commission upon reference thereto by that department.

III. The functions of the commission are to investigate and report upon such claims as shall be properly submitted to it and to make such recommendations as may seem appropriate in each case; but its conclusions are merely advisory, and in every case final action both as to liability and indemnity, if any, is reserved for higher authority. The commission will report as to each claim and its recommendations thereon to the department of justice, for approval or modification as the law and evidence may require. A claimant being dissatisfied with the final action of the department of justice on his claim may appeal from said action to the provisional governor by filing in the department of justice a written request for such appeal within forty days after the action of the department of justice is had.

IV. The commission will hold its sittings ordinarily at the department of state and justice, in Habana, but when duly authorized by the provisional governor the commission, or its individual members, may proceed to other points in the Republic for the purpose of investigation.

V. All the authorized expenses of the commission, including the necessary office furniture and other supplies, are declared to appertain to the department of justice and will be defrayed out of the appropriations assigned in the budget to the judicial power (Chap. IV, Art. I), except transportation, which shall be a charge against the appropriation in section 4, treasury department, Chapter XI, Article I, on vouchers certified by the president of the commission, or by order of the other members of the commission in case of his absence or inability to act.

VI. The commission is authorized to employ an expert stenographer, who shall also be an expert translator of Spanish into English, and a clerk, at a monthly rate in each case, to be approved in advance by the provisional governor. No other pay, allowance, or emolument shall be allowed them, except their actual traveling and other necessary expenses when absent from Habana on duty by proper authority.

VII. The president of the commission shall call meetings of the commission and preside at the same, issue subpoenas in its name, and certify its expense vouchers. The member of the commission to act as president shall be designated by the provisional governor; also the recorder, to be responsible for the records and property pertaining to the commission.

VIII. Two members shall constitute a quorum for the transaction of business, but should a difference of opinion arise when only two are present, the matter will be left in abeyance until it can be decided by a majority of all the members. IX. In arriving at conclusions, opinions, and recommendations, the action of the majority will be the action of the commission, but in all cases the right of the other member to express his views and the reasons therefor is fully recognized, and his minority report will be transmitted to the provisional governor, along with the report of the majority, for information.

X. The commission, and each of its members, shall have power to administer oaths, affirmations, and declarations in all matters pertaining to the duties assigned to it, and every person knowingly and wilfully swearing or affirming falsely in any proceedings before the commission shall be deemed guilty of perjury, and shall be tried and punished as now prescribed by the laws of Cuba for that offense when committed in its courts of justice.

XI. The commission may compel the production of books and papers, or copies thereof, relating to any matter before it, and cause witnesses to be subpœnaed, and if a person duly subpoenaed fails to obey the subpoena without reasonable cause, or shall, without such cause, refuse to be examined or to answer a legal or pertinent question, or to produce a book or paper which he is directed by subpoena to bring, or to subscribe his deposition after it has been correctly reduced to writing, the commission may remit the matter to the proper

court to proceed against such witness, as in the case of a like failure or refusal of a witness subpoenaed to attend a trial before said court, as provided by existing law.

XII. All subpoenas shall be issued by the president of the commission, or by any two members thereof, and may be served by any person of full age authorized by the commission to serve the same. The fees of witnesses examined on the initiative of the commission shall be $2 American currency for each day's attendance and for each day or fraction thereof consumed in traveling to and from the place of attendance, and the actual cost of travel by the shortest generally traveled route in going to and returning from the place where the attendance of the witness is required.

XIII. In the case of any witness desired by the commission on its own initiative, but who is too poor to pay his own expenses, the commission may guarantee to any innkeeper the per diem allowance above authorized, and may direct the payment thereof to such guaranty.

XIV. The commission is empowered to make all necessary or convenient and proper rules and regulations of practice and procedure for the transaction of its business, subject to the approval of the provisional governor.

XV. Each claimant should file a petition in duplicate, properly dated and signed and duly verified upon oath or affirmation, setting forth:

(a) The age, place of birth, present residence, post-office address, and occupation of the petitioner, and his residence, nationality, and occupation at the time his claim had its origin.

(b) The amount of the claim, the time when and place where it arose, the kind or kinds and amount of property seized, lost, destroyed, or injured, with the amount claimed for each article of property, the facts and circumstances attending the loss or injury out of which the claim arises, the principles and causes which lie at the foundation of the claim and from which the liability of the Republic of Cuba is sought to be deduced.

(c) For and in behalf of whom the claim is preferred, giving Christian and surname in full.

(d) Whether the claimant at the time the claim originated and the time of presenting his petition was the sole and absolute owner of the entire amount of the claim; and if any person is or has been interested therein, or in any part thereof, then the name and address of such other person and the nature and extent of his interest; and how, when, and by what means, and for what consideration the transfer of rights or interests, if any such were made, took place between the parties.

(e) Whether the claimant, his representative, or any person interested in the amount of the claim, or any part thereof, has ever received any indemnification, for the whole or any part of the alleged loss or injury; and if so, the nature and amount of the indemnification, and when, from whom, and by whom the same was received.

(f) Documentary evidence must be duly authenticated by proper certificate, seals, or the oath of a witness.

XVI. All petitions, papers, and documents filed should be, if practicable, in the English language or accompanied by a good English translation of the same, duly verified. If this is not practicable, then the said petition, paper, or document must be submitted in the Spanish language.

XVII. If property of any description for the seizure, loss, or destruction of which a claim has been presented, was insured at the time of said seizure, loss, or destruction, the original policy of insurance, or, in case the original can not be procured with due diligence, a certified copy thereof, should be produced. XVIII. If the claimant shall have employed counsel, the name of such counsel should, with his address, be signed to the petition, so that all necessary notice may be addressed to such counsel or agent respecting the case.

XIX. Claimants are required to conform as nearly as possible to the foregoing rules in preparing and forwarding their claims and papers accompanying the same.

XX. All claims comprised within the term of this decree must be submitted, as prescribed herein, within four months next following October 15, 1906, after which period the power of the commission to entertain new claims shall lapse. Provided, however, that if it shall be made to appear to the satisfaction of the provisional governor that the claimant had good reason for not presenting the claim earlier, it may, under his order, be received within a further consecutive period of three months.

XXI. Alien claimants are authorized to avail themselves of the provisions of this decree in respect of the class of claims specified herein; or they may submit such claims through diplomatic channels, complying with the requirements of international law applicable in such cases in respect of approval of such claims by their respective governments.

Habana, August 30, 1907. SIR: I have the honor to inclose in duplicate a portion of the Official Gazette of the 27th instant, containing the decree issued by the provisional governor on the previous day relating to national sanitation. By this decree a national department of sanitation is created, at the head of which will be a chief sanitary officer, who is a qualified doctor of medicine. In addition to this official there will be a local sanitary officer for each municipality and a national sanitary board, which will serve as a consulting body.

I have the honor also to transmit in duplicate a cutting from the English page of La Lucha of the 28th instant," which states the principal objection which the public press has raised in commenting upon this decree. That objection lies in the fact that the chief sanitary officer and the members of the national sanitary board are to be appointed by the President of the Republic for a term of four years, the inference being that as their term will be coincident with his the sanitary department will be injuriously affected by party politics.

It is presumed that Major Kean, the present acting adviser of the sanitary department, will be appointed the first chief sanitary officer. For the time being street cleaning and sprinkling, the removal of garbage and other wastes, public and private disinfection, and the draining of wet and marshy spots in the principal cities of the island will remain under the charge of the department of public works, where they are at present.

I have, etc.,

EDWIN V. MORGAN.

a Not printed.

DENMARK.

REGULATIONS CONCERNING COMMERCIAL TRAVELERS.

File No. 5774/48-49.

No. 165.]

Minister O'Brien to the Secretary of State.

AMERICAN LEGATION, Copenhagen, May 23, 1907. SIR: I acknowledge the receipt of your circular letter of the 12th of April last (file No. 5774), relating to the laws and regulations in force in this country concerning the treatment of commercial travelers and admission of samples.

I will inclose herewith copies in both Danish and English of the edict of June 8, 1839, which seems to fully cover the subject.

I beg to add that the duty demanded from traveling salesmen upon their samples will, under certain conditions and regulations, be refunded upon being reexported.

I am informed that the rules and regulations touching the treatment of commercial traveling men and samples of merchandise are the same for all people, from whatever country coming.

I have not been able to obtain any printed copy of the law in question.

I have, etc.,

T. J. O'BRIEN.

[Inclosure.]

Extract from the edict of the 8th of June, 1839, for Denmark, containing particulars concerning the trading rights of foreigners.

Must not sell except in Copenhagen and market towns.

(1) Foreign merchants or commercial travelers coming to this Kingdom are not permitted to offer for sale or to make over goods elsewhere than in Copenhagen and the market towns (Kobs taederne) outside the capital. Neither are they permitted to offer for sale or to make over to persons other than those who Must only sell are themselves lawfully entitled to trade as wholesalers or reto people who tailers and to manufacturers, mechanics, and other tradesmen. are entitled to deal in the Moreover they may only deliver such goods as these respective goods sold. dealers are themselves entitled to trade in, therefore they may only make over to manufacturers, mechanics, and other tradesMust not sell men such goods as each of the said persons needs for his or their lesser quanti- respective trades. Likewise they are not permitted to make over buyers them- goods in lesser quantities than those which wholesale dealers are selves are al- themselves permitted to sel according to the commercial law of lowed to resell, 29th of December, 1857 (p. 31). As to purchases effected in this Buying and reselling in country by foreigners and as to the prohibition of their reselling Denmark. in this country goods which they have bought here, these matters are governed by the existing acts.

ties than the

necessary landing.

on

Formalities (2) The foreign merchant or commercial traveler intending to transact business in the Kingdom must at the first customhouse at which he arrives from abroad produce to the customs officer concerned certificates from the authorities of his native country showing whether it is for his own account or for the account of others and in the latter case for the account of which

Granting of license.

Duration of

license.

merchant or which manufacturer-he intends to trade. At the customs-house of the said place a license (patent) is issued to him, the said license must, before it is used, be produced to the local police superintendent (politiembedsmand) who will indorse it without making any charge. The license is valid for a year from date of issue, and after the lapse of the year may be exchanged for a new one, also valid for a year and which will be issued by the customs-house at any place where the applicant may be staying for the time being. For the said license and for every renewal thereof, the persons concerned-if he trades solely for his own account or for that of one commercial firm or one manufacturer, must pay to the royal exchequer a fee of 80 rixdollars Danish currency (krone 160=about £9), but if he travels for several additional commercial firms or manufacturers he must pay a further 40 firms reprerixdollars Danish currency for each one.

Cost cense.

of 11

Charge for

sented.

Duty

(3) If the person concerned carries samples, duty must be paid samples. thereon in the manner decreed. Such samples as well as the pattern books or pattern cards which the commercial gentleman may carry, must be shown at the first custom-house at which he arrives from the foreign country, and a note is made on the license as to the nature and quantity of samples. At each town in which the foreigner intends to do business he must produce his produced license at the custom office as well as to the local police superintendent and it will be viséed by the latter as well as by the local customs officer without charge.

on

License to be

each town.

a t

Penalty for not producing license.

(4) Anyone having done business in a town before his license has been produced to the local police superintendent or in the event mentioned in page 3 to the police superintendent and to the customs authorities will be fined 8 rixdollars (krone 16). Any- Penalty for trading withone guilty of any other infraction of the above regulations will out a license. in addition to the fine inflicted for unlawful trading and for violation of the customs regulations also pay the proper fee, if such ought to have been paid, and a fine of 32 rixdollars (krone 96) for the second and 64 rixdollars (krone 128) for the third time. Anyone committing for the fourth time such a violation of the regulations, besides being again fined 64 rixdollars, forfeits his right to travel and offer for sale or supply goods in the kingdom; and if a foreigner, he will be expelled from the country by the police. Samples which have not been produced in the prescribed of samples. manner will be confiscated.

Confiscati o n

ADMINISTRATION OF ESTATES OF DANISH SUBJECTS DECEASED IN THE UNITED STATES.

File No. 4825.

The Danish Minister to the Secretary of State.

[Translation.]

LEGATION OF DENMARK, Washington, February 25, 1907.

MR. SECRETARY OF STATE: The number of Danish immigrants in the United States is already quite considerable, and according to statistics the persons of Danish nationality who leave Denmark every year to come and settle in the United States average from five to eight thousand. Thus is there a constant increase of persons of Danish origin or kinship, with the result, among others, that the number of residents of Denmark who fall heirs to a person deceased in the United States is also large.

In most cases the estate is rather small and would not bear the costs of the services of a lawyer or some other professional attorney or of a protracted administration. The estate would at least be so