men whom he said were present at the meeting, and they will be summoned to give testimony. Other evidence of an important nature is being sifted down. In the meantime affairs in western Kentucky remain in a state of unrest. Insurance companies have canceled existing policies, business in general suffers, and everybody is afraid to move. There is some likelihood that the United States Government will be forced to take the matter up indirectly, as it is said that during the past week a number of threatening letters have been sent through the mails to tobacco growers. THREATENING LETTERS SENT TO PROMINENT TOBACCO MEN IN CRITTENDEN COUNTY BY THE LAWLESS BAND OF NIGHT RIDERS. MARION, KY., December 8. Threatening letters, signed "D. T. P., or Night Riders," have been received here by owners of two of the largest tobacco concerns in this vicinity. Mr. R. L. Moore and Mr. Arthur B. Jarvis have been advised by these so-called "night riders" not to buy any more tobacco, the letters in each case being mailed from Princeton, where the recent riots occurred, and threatening to destroy their property in a similar manner if they failed to heed the warning. Both men have decided to comply, for the present at least, realizing the desperate character of the men with whom they have to deal. The city here is in a state of excitement, and preparations are being made to give the raiders a warm reception if they make their appearance in the neighborhood. Locality. [Inclosure 2.] Firm. Kentucky Fulton (Fulton County). Slaughterville (Webster County). Clarksville (Montgomery County) No. 423.] The Secretary of State to the Italian Ambassador. DEPARTMENT OF STATE, Washington, December 21, 1906. EXCELLENCY: I have the honor to acknowledge the receipt of your notes of December 6 and 18 advising the department that in the State of Kentucky an organization known as the "night riders" has burned tobacco purchased by the agents of the Italian Government and threatens further depredations. You ask in behalf of the Italian agents and the property purchased by them the protection and security granted by the existing treaties between Italy and the United States. I have the honor to say in reply that while Article III of the treaty between the United States and Italy, dated February 26, 1871, guarantees Italian subjects temporarily residing within the United States "the most constant protection and security for their persons and property," it is specifically stated that these rights and privileges are to be enjoyed "on their submitting themselves to the conditions imposed upon the natives." Inasmuch as native citizens seek and obtain redress for their injuries or threatened injuries to property by means of proceedings in courts of justice, it would appear that Italian subjects should in like cases seek their redress in courts of justice. If the tobacco when purchased by the agents of the Italian Government becomes the property of the Government, as may be inferred from your note, it would seem to belong to the Government in its private capacity rather than as sovereign. In such a case the Italian Government might seek redress in our courts of justice, because it is a settled law of this country that courts of justice are open to sovereigns upon the same terms as to private individuals, for the protection of property rights. A copy of your note and the department's reply have, however, been transmitted to the governors of Kentucky and Tennessee for their information and such action as they may deem appropriate in the premises. Accept, etc., ELIHU ROOT. OPERATION OF THE LAW REGARDING INSPECTION OF MEAT FOR EXPORTATION. No. 114.] The Acting Secretary of State to Chargé Hitt. DEPARTMENT OF STATE, Washington, July 20, 1906. SIR: I inclose herewith a copy of a letter from the Secretary of Agriculture, transmitting correspondence between Messrs. Armour & Co., of Chicago, and the Italian consulate in that city, in regard to the inspection of meat and meat products shipped to Italy, by examiners appointed by the Italian consulate-general at New York, at the expense of the exporters. You are requested to convey to the Italian Government the information contained in the letter of the Secretary of Agriculture. I am, sir, etc., [Inclosure.] ROBERT BACON. The Acting Secretary of Agriculture to the Secretary of State. DEPARTMENT OF AGRICULTURE, SIR: I have the honor to inclose herewith for your consideration and such action as you may deem necessary, copy of a letter received from Armour & Co., Chicago, Ill. It has not yet been possible to completely inaugurate the inspection service as provided for by the act of Congress of June 30 last, but when this inspection is installed it would seem that this Government would be justified in expecting foreign governments to receive without qualification the official certificate of the United States. I have, etc., W. M. HAY. [Subinclosure 1.] Armour & Co. to the Secretary of Agriculture. CHICAGO, ILL., July 11, 1906. SIR: We beg to call your attention to the attached memorandum from the acting consul-general of Italy, situated in this city, also the attached memorandum from the Italian Chamber of Commerce, New York. The consul-general here appointed a commission some time ago to inspect the stock yards and packing houses, and made a report to his Government, the contents of which we are not familiar with. He stated in an interview that the writer had with him that he had received instructions from his home Government to satisfy himself as to the healthfulness of all food products shipped from his territory to Italy, and, under no circumstances, to legalize invoices or health certificates until he had so satisfied himself. His method of satisfying himself as to the healthfulness of food products shipped from our packing houses is to appoint a medical man, or some other person whom he considers to be an expert, and have him present at the time of packing, or have a number of the packages of each shipment opened and examined by him. For this inspection he has notified us that fees will be charged. We have had one shipment inspected as a test, and he notifies us that his fee for this service will be $5, and declined to legalize the certificate of the Department of Agriculture until that fee is paid. As the instructions from his Government are apparently a measure for the protection of the health of the Italian people, it does not seem to us proper that the shipper should be called upon to pay any tax or fees for the inspection of the product by the Italian consul's representatives; such fee should either be paid by the Italian Government or collected from the receiver of the goods at the port of entry. You will notice that the consulate-general in New York has appointed as his official examiners Messrs. Thomas Goulard & Co., licensed inspectors, and it is our understanding that these inspectors are also expected to collect their fees from the shipper. We shall be grateful if you will lay this matter before the Department of State with the request that they represent to the Italian embassy the impropriety of collecting from American shippers fees for certificates of healthfulness given under regulations made for the benefit of Italian consumers. It is important that prompt action be taken upon this matter, as we have made a number of shipments which have been inspected by the consul, but upon which he refuses to legalize the certificates on account of our declining to pay the fees, and we have a number of contracts open that should, in the course of business, be shipped within the next few days. It is our understanding that other packers in Chicago and other cities are affected in a similar manner. Very respectfully, ARMOUR & Co. [Subinclosure 2.] The Acting Consul-General of Italy to Messrs. Armour & Co. R. CONSOLATO D'ITALIA, Chicago, Ill., June 22, 1906. DEAR SIR: I thank you for your kind letter of the 20th instant. A commission of physicians representing me and exhibiting a document signed by me will visit your establishments. You can now send for the certificates presented some time ago at this R. office, referring to shipments already sent to Italy. I must also notify you that by stringent orders of my Government, I will from now on and till contrary dispositions, before legalize certificates for meats or all other products of animal industry to be shipped to Italy, have them inspected by a personal delegate of mine who will report to me its purity and healthfulness. I ask you therefore to notify this royal office before you make shipments of any kind for Italy, as to enable me to proceed without delay to such inspections. All expenses to such inspections will be at your charge. Very truly, yours, ALDRUNANDI. [Subínclosure 3.] NOTICE TO EXPORTERS AND SHIPPERS OF MEAT PRODUCTS (FRESH, CANNED, SALTED, OR PICKLED, AND OTHERWISE CURED) FROM THE UNITED STATES OF AMERICA TO PORTS OF ITALY. ITALIAN CHAMBER OF COMMERCE, 35 Broadway, New York, June 29, 1906. The Italian Government has notified all customs districts of the Kingdom to refuse admittance to any shipment of meat products coming from United States ports, unless it be accompanied by a certificate of soundness. According to this new rule the Italian consulate-general in New York has appointed official examiners Messrs. Thomas Goulard & Co., licensed inspectors, 36 and 38 Whitehall street, New York, who will deliver to parties interested in sworn certificates, to be legalized by the Italian consulate-general in New York, in order to fulfill the requirements of the Italian Government. For any further information apply to the ITALIAN CHAMBER OF COMMERCE, 235 Broadway, New York. The Acting Secretary of State to the Italian Chargé. No. 390.] DEPARTMENT OF STATE, Washington, August 13, 1906. SIR: I have the honor to inform you that the Secretary of Agriculture has transmitted to this department correspondence between the Italian consulate in Chicago and Messrs. Armour & Co., of that city, in regard to the inspection by examiners appointed by the Italian consulate-general in New York, at the expense of the exporters, of meat and meat products shipped in Italy. The Secretary of Agriculture has advised me, under date of the 7th instant, that the inauguration of inspection by this Government of meat and meat products, under the law approved June 30, 1906, will probably begin in some establishments next week, and that there would appear to be no necessity for any foreign government to require an inspection of shipments bearing the certificates which will be attached to all exports of meat and meat products after the commencement of such inspection. The ambassador at Rome has accordingly been instructed to make formal notification in the above sense, emphasizing the statement of the Secretary of Agriculture that all products which leave an establishment for interstate or foreign commerce, after the inauguration of inspection, will be so marked as to indicate that they have been inspected and passed according to the recent law. Accept, etc., No. 121.] ROBERT BACON. The Acting Secretary of State to Ambassador White. DEPARTMENT OF STATE, Washington, August 13, 1906. SIR: Referring to the department's No. 114 of the 20th ultimo, transmitting correspondence between the Secretary of Agriculture and Messrs. Armour & Co., concerning the inspection of meat and meat products exported from this country, I inclose herewith a copy of a letter from the Secretary of Agriculture by which he advises the department that inspection under the law approved June 30, 1906, will probably commence in some establishments next week. You will make formal notification in the sense of the letter of the Secretary of Agriculture, emphasizing his statement that all products which leave an establishment for interstate or foreign shipment, after the inauguration of inspection, will be so marked as to indicate that they have been inspected and passed according to this recent law. I am, etc., ROBERT BACON. Ambassador White to the Secretary of State. [Telegram.-Paraphrase.! AMERICAN EMBASSY, (Mr. White, referring to instruction No. 114, reports that he has just ascertained from the under secretary for foreign affairs that Italian consuls have been instructed to discontinue the examination of meat products and to confine themselves in future to authenticating certificates issued by our Agricultural Department under new act, and that the instructions now revoked were issued by the chief of the public health department, a branch of the ministry of interior, without consultation with or knowledge of foreign office.) No. 247.] Ambassador White to the Secretary of State. AMERICAN EMBASSY, Rome, August 14, 1906. SIR: With reference to your instruction No. 114, of the 20th ultimo, I have the honor to inform you that I found upon my return to Italy from a recent brief visit to England and Austria that the question of the inspection by examiners appointed by Italian consuls in the United States of meat and meat products to be shipped to this country had been thoroughly and-as it turned out yesterday when I went to the foreign office-effectively dealt with by Mr. Hitt, who had been in constant correspondence with Messrs. H. Kuehn & Co., of Genoa, the representatives at that port of several of our leading packing firms, and has several times represented to the foreign office the hardships and impropriety of the inspection in question. Yesterday I called there with the intention of making it quite clear that as soon as our inspection service should be completely organized, under the act of Congress of June 30 last, we should expect this and other foreign governments to receive without qualification our Government's official certificate. The under secretary of foreign affairs informed me, however, the moment I mentioned the subject, that the matter had been arranged satisfactorily, Italian consuls in the United States having been instructed to confine their efforts in a Not printed. |