The Italian Chargé to the Acting Secretary of State.

[Telegram.]

MANCHESTER, Mass., August 24, 1906. · It gives me pleasure to inform you that a specified agreement has been reached between this embassy and the representatives of the Carolina company which settles all the questions arising from the known controversy in North Carolina. Accept my best thanks for the kind interest you took in the matter. High regards.

MONTAGNA,

R. Italian Chargé d'Affaires.

No. 1617.]

The Italian Chargé to the Secretary of State.

[Translation.]

ROYAL EMBASSY OF ITALY, Manchester, Mass., August 25, 1906.

Mr. SECRETARY OF STATE: With reference to my telegram of yesterday and to the correspondence exchanged between the Department of State and the royal embassy in regard to the well-known events that took place in North Carolina, I have the honor to inform your excellency that the regular proceedings conducted by the competent judicial authorities resulted in the acquittal and discharge of seven of the nine Italians arrested in connection with the sad occurrence at Marion, N. C.; the jury having disagreed in the case of the other two, they were remanded for a new trial. The leaders of the assailants on that occasion were further indicted for manslaughter, and warrants of arrest and subpoenas were issued against some of the agents of the Carolina company, who, on the strength of pertinent testimony, were found by the local federal magistrate to be amenable to law.

At this stage of the controversy your courteous telegram of the 9th instant, by which your excellency was pleased to advise me of the arrival of the representatives of the South and Western Railroad Company, in the event of my wishing to enter into direct relation with them, came to hand. I answered immediately and accepted the suggestion. I should have returned to Washington had not Messrs. Norment Powell and Caples been so good as to forestall my journey by coming over the next day to see me here at Manchester. Having thus come into immediate contact, they intimated that they had called on me to see about the possibility of effecting out of court a satisfactory settlement of all the questions between the Italians and the company then pending before the courts. I cheerfully tendered my good offices, and we parted on that day with the intention of meeting again shortly in New York after we should have respectively obtained from the parties concerned authority to proceed upon this new course so as to act in consequence. After putting off several appointments at the request of Mr. Powell, I had with him and Mr. Caples, general manager of the Carolina company, several confer

ences, which culminated in the conclusion of a peaceable compromise between myself as representative of the Italians and them in the name of their corporation. According to the agreement thus formally entered into, the Carolina company has set apart equitable pecuniary indemnities for the heirs of the dead and all the Italians who were, as shown in the course of legal proceeding, the innocent victims of the sad occurrence of the 14th of May at Marion, when they were imprisoned or suffered bodily injuries. It has further reimbursed the costs thus far paid on account of the said sufferers in the administration of justice, and, lastly, has given ample guaranties which, if observed as there is no reason to doubt they will be-afford, full moral satisfaction to the parties injured and assurances that there will be no recurrence in the future of the deplored unpleasantness in the relations between the company and the Italian laborers. Indeed, the company among its many stipulations has promised to dismiss and never again to employ those agents whom the judicial proceedings thus far have shown to be guilty of misdemeanors, ill-treatment and abuse of the laborers, to adopt administrative reforms, and take such measures as will remove the cause of the more serious complaints, availing itself in this of the cooperation of the Royal Italian authorities, and, finally, to visit with effective punishment any abuse that may hereafter come to the knowledge of its manager's office.

The royal embassy, fully satisfied with these conditions, has promised for its part to withdraw and cause its nationals to withdraw any further judicial or other action against the Carolina company and its employees, and, on the other hand, has declared its readiness to aid, as far as it can, in the performance of the equitable and fair moral obligations assumed by the company. The royal embassy has no reason, under the circumstances, to doubt the honesty of purpose with which these obligations have been entered into, and therefore refrains from insisting upon the requests heretofore made of the Department of State in connection with the controversy in North Carolina.

While I feel confident that your excellency will receive the foregoing information with pleasure, I cherish the hope that you may, for your part, with the special intent of promoting the complete appeasement of feeling and the spirit of harmony so auspiciously inaugurated, shape the action of the Federal Government by means of advice or suitable instructions to whom it may concern in consonance with the characteristics of this new and final phase of the question.

Lastly, may I be permitted to express to your excellency and your most excellent colleague, the Attorney-General, my most sincere thanks for the interest and zeal displayed in the cause of law and justice on this occasion as well as my admiration of the attitude taken by the several subordinate authorities, and especially by Mr. Holton, to whom I wish this token of my gratitude could be made known, all of which have had a part in bringing about the happy result it is my good fortune to record hereby

Accept, etc.,

G. C. MONTAGNA.

COUNTERFEITING THE AMERICAN CONSULAR SEAL.

Ambassador White to the Secretary of State.

No. 204.]

AMERICAN EMBASSY,

Rome, June 13, 1906.

SIR: I have the honor to transmit herewith the copy of a letter which I have received from the consul-general inclosing a communication from our consul at Palermo, stating that his consular seal had been counterfeited under circumstances therein set forth, and that although the two men by whom the counterfeiting is supposed to have been done were arrested and brought to trial the court held that the provisions of the Italian criminal code (Titolo VI, Chapter II, articles 264 to 274), translations of which I inclose, apply only to the counterfeiting of seals, papers, etc., having validity in this country. The public prosecutor, moreover, who concurred in this decision, would seem, from the consul's letter, to have held that the protection afforded to notarial seals and acts by article 265 applies only to those notarial seals and acts having validity in this country, whereas our consuls are only notaries as to documents pertaining to the United States.

As soon as the consul-general's letter reached me I requested him to ask the consul at Palermo to forward to me a full report of the proceedings in the case, which, however, I have not yet received. Meanwhile, I have thought it advisable to address a note to the minister of foreign affairs, asking him whether it be a fact that the laws of Italy contain no provision against the counterfeiting of the official seals of foreign embassies and consulates. I inclose a copy of this note, which I handed myself to Signor Tittoni, and I asked him at the same time whether such a condition of things be possible. He replied that he could hardly believe it, but that the question had never arisen before in so far as he was aware, and, not being a lawyer, that he was unable to give a positive answer; but he promised to cause prompt inquiry to be made and to send a reply to my note as soon as possible. In the absence of the text of the judgment of the court of Palermo it is difficult for me to express a decided opinion in the matter, but it may be well to mention, for your information, that Article VIII of the consular convention, dated July 26, 1862, between Italy and France, and Article XVI of the consular convention between this country and Switzerland, dated July 22, 1868, the provisions of both of which are, I imagine, applicable to us under the most-favored nation clause (Article XXIV) of the commercial treaty with Italy, define the notarial capacity of consuls, and would seem to give validity to acts legalized by such consuls in a notarial capacity in the countries in which they reside.

I shall be glad to know, in the event of its turning out to be true that there is no penalty in this country for the counterfeiting of official seals of embassies and consulates, whether you desire that I call the attention of the Italian Government further to the matter, possibly with the suggestion that legislation be enacted to meet the situation. I should also be glad to know what protection there be, if any, in the United States against such counterfeiting.

I have, etc.,

HENRY WHITE.

[Inclosure 1.]

Consul-General De Castro to Ambassador White.

AMERICAN CONSULATE-GENERAL,

Rome, June 2, 1906.

SIR: I have the honor to transmit herewith for your consideration copy of a letter received by this office from the consul at Palermo in regard to the counterfeiting of the consular seal of that consulate. I am, etc.,

HECTOR DE CASTRO.

[Subinclosure.]

Consul Bishop to Consul-General de Castro.

AMERICAN CONSULATE,

Palermo, May 19, 1906.

SIR: I beg to report, for the information of our embassy, the decision and ruling made this day by the criminal court of Palermo in a case involving the forgery of the consular seal.

I had caused the arrest, on December 11 last, of two would-be emigrants, Francesco Dolce and Francesco Sorano, who, after having been rejected by the American doctor, presented themselves on board the Austro-American steamship Giulia, furnished with inspection cards to which the seal of this consulate had been forged. They stated that they had been furnished with these fraudulent inspection cards by Carisio Giacomelli and Vicenzo Badalamenti. The two latter were then found and arrested. Criminal complaint was made against all four.

The case came to trial to-day. It was adjudged that the counterfeiting the seal of a foreign consulate is not an offense under the laws of Italy, the provisions of the Criminal Code, Chapter II, articles 264 to 274, referring only to seals, papers, etc., made to be valid in this country. The two first-named defendants were therefore set free. The other two were condemned to one month's imprisonment each and a fine of 100 lire; this, however, not for the forgery in question, but for contravention to the emigration law in acting as enlisters of emigrants without a license.

The public prosecutor, although he thought well to claim protection in his argument for the seal, on the ground that I am a notary only as to instruments to be used in America, concurred with the entire ruling, and declines to appeal from it, as he might do within three days.

The result is that anybody is now free to counterfeit our consular seal, or to use any papers stamped with such counterfeit as much as he pleases. It hardly seems possible that Italian consuls in America are left equally unprotected in this respect. I find nothing in the treaty with Italy bearing upon the subject, but if there is no provision of law, it seems as if one should be promptly devised to prevent this dangerous abuse.

Meanwhile I have had two new seals made, by the use of which alternating with the old one, all at irregular times, and by other precautions, I shall hold in check as much as possible the evil of this new opportunity of fraud in the business of overseeing the emigrant departures, which, owing to its great magnitude, is already of such a complicated and laborious nature.

I inclose copies of all three of our seals.

I am, etc.,

WM. HENRY BISHOP,

Consul.

[Inclosure 2.-Translation of articles 264 to 274 of the Italian Penal Code.] CHAPTER II.-COUNTERFEITING OF SEALS, PUBLIC STAMPS, AND THEIR IMPRESSIONS.

264. Whoever counterfeits the Government's seal, which is designated to be affixed to government acts, or who makes use of a seal counterfeited, even though it be counterfeited by other persons, is punished by an imprisonment of from three to six years and by a fine.

265. Whoever counterfeits the seal of an official of the Government, or that of an official of a Province or of a Commune, or of an institution which by law is under the protection of the Government, the Province, or the commune, or the seal of a notary, or whoever makes use of such seals counterfeited, even though they be counterfeited by other persons, is punished by an imprisonment of from one month to two years and by a fine not exceeding 1,500 lire.

266. Whoever counterfeits stamps, dies, prints, or other instruments used in the publication of laws or in an act of certification of the Government, or whoever makes use of such instruments counterfeited, even though they be counterfeited by other persons, is punished by an imprisonment of from one to five years and by a fine of from 50 to 3,000 lire.

The same punishments apply to those who have not actually taken part in the counterfeiting, but who offer for sale objects upon which the said counterfeited instruments have been used.

267. Whoever counterfeits single impressions of the instruments mentioned in the foregoing articles, without the intention of reproducing them and in a manner differing from the use of the instruments counterfeited, is punished by an imprisonment of from six months to three years, in the case of article 264; of from one month to one year in the case of articles 265 and 266, and always by a fine not exceeding 1,000 lire.

268. Whoever counterfeits stamped paper, paper stamps or the impression of a government stamp, is punished by an imprisonment of from two to five years and by a fine of from 1,000 to 3,000 lire.

269. Whoever counterfeits stamps used for stamped paper, for paper stamps, or for stamped impressions, or filigreed paper used to receive the impressions of such stamps, is punished by an imprisonment of from six to thirty months and by a fine of from 50 to 1,000 lire.

270. Whoever makes use of counterfeited stamped paper, of stamped impressions or of paper stamps, or whoever offers them for sale or has them put in circulation in other ways, is punished by an imprisonment not exceeding thirty months and by a fine of not over 500 lire.

291. Whoever has not actually been involved in any of the offenses as mentioned in the foregoing articles, but who possesses counterfeit seals or stamps or the instruments used exclusively for counterfeiting, is punished by an imprisonment of from one month to two years and by a fine of from 50 to 500 lire. 272. Whoever having obtained real seals, stamps, dies or impressions as mentioned in this chapter, and who makes use of them to the disadvantage of others or to his own profit or to the profit of others, is subjected to the punishments mentioned in the foregoing articles lessened by from one-third to one-half.

273. Whoever counterfeits or alters railway tickets or the tickets of any other public transport service, or who makes use of such tickets counterfeited or altered, even though they be counterfeited by other persons, is punished by an imprisonment not exceeding one year and by a fine of from 50 to 1,000 lire. 274. Whoever cancels or causes to lose value in any way whatever the indications employed to show the proper use made of stamps, paper stamps, stamp dies, railway tickets or the tickets of any other public transport service, or whoever makes use of such subjects so altered, is punished by an imprisonment not exceeding three months and by a fine of not over 500 lire.

[Inclosure 3.]

Ambassador White to the Minister for Foreign Affairs.

F. O. No. 172.]

AMERICAN EMBASSY,
Rome, June 9, 1906.

EXCELLENCY: I have the honor to inclose herewith an extract from a letter which I received from the American consul at Palermo, and from which you will see that two men, who had been arrested at his instance and who were tried on the 19th ultimo for forging the seal of the American consulate at that city, were discharged by the tribunal on the ground that articles 264 to 274, Chapter II, of the Criminal Code, have reference only to forgeries of Italian seals, papers, etc.; a decision in which the public prosecutor appears to have concurred, and to have declined thereupon to appeal to a higher tribunal.