723.2515/1075: Telegram The Ambassador in Chile (Collier) to the Secretary of State SANTIAGO, November 15 [14], 1922—9 p. m. 81. Chilean Foreign Office has furnished me following official text of resolution approved today by Chamber of Deputies by vote of 78 against 26 with 2 blank votes and 8 absentees, this being nearly three-fourths of those present and voting and exactly twothirds of total membership: "The bill of the Senate is approved with the correction of striking out the following (here follows text of reservations to the protocol adopted by the Senate October 16 last). Consequently the approval by the Chamber of Deputies of the Chilean-Peruvian agreement at Washington is of the following tenor: The protocol of arbitration and the supplementary act signed at Washington on July 20, 1922, by the plenipotentiaries of Chile and Peru are approved. The ratifications of the protocol and supplementary act shall be exchanged in Washington, notwithstanding the expiration of the period stipulated in article 3, within the new period which the Government of Chile will agree upon with the Government of Peru." The Minister of Foreign Affairs informs me that no request for extension will be made until after final action of the [Senate]. He is hopeful that Senate will not insist on reservations and is confident that if it does Chamber of Deputies will sustain ratification without reservation by a two-thirds vote which Senate cannot override. COLLIER 723.2515/1079: Telegram The Ambassador in Chile (Collier) to the Secretary of State SANTIAGO, November 27, 1922-8 p. m. 89. My 81, November 14, 9 p. m. This afternoon by a vote of 16 to 14 the Senate sustained reservations to protocol which now returns to Chamber of Deputies where it seems as if assured of twothirds majority. To-day's balloting indicates that Senate will be unable to overcome by requisite majority the expected vote in the Chamber for ratification without reservations. [COLLIER] 723.2515/1080: Telegram The Ambassador in Chile (Collier) to the Secretary of State SANTIAGO, November 28, 1922-10 p. m. 90. My telegram number 89, November 27, 8 p. m. In this evening's session Chamber of Deputies insisted on rejection of Senate reservations to protocol by considerably more than two-thirds majority. Minister for Foreign Affairs informs me that the protocol will be ratified without reservations by the Senate tomorrow for want of two-thirds needed to sustain reservations. COLLIER 723.2515/1082: Telegram The Ambassador in Chile (Collier) to the Secretary of State SANTIAGO, November 29, 1922-10 p. m. 91. My telegram number 90, November 28, 10 p. m. Protocol ratified without reservations by Chilean Congress in consequence of failure of Senate this afternoon to obtain more than 15 votes for reservations, 14 opposed. COLLIER 723.2515/1082: Telegram The Secretary of State to the Chargé in Peru (Sterling) WASHINGTON, December 1, 1922—5 p. m. 65. The Department understands that the Chilean Government has now ratified without reservations the Protocol and Supplementary Act regarding the settlement of the Tacna-Arica dispute and that the only remaining step to put these instruments into operation is the acceptance by Peru of the exchange of ratifications notwithstanding the lapse of time. The Department learns that the Chilean Government has approached the Peruvian Government through the Ambassadors in Washington in this matter. The American Government is not in a position, in view of the selection of the President of the United States as Arbitrator, to make any formal representations in the premises, but it would learn with gratification that the Peruvian Government had accepted to extend the time within which the exchange of ratifications should take place, in order to permit the ratifications to be exchanged now. From the point of view of the Department, now that the Protocol and Supplementary Act have been ratified without modifications, the delay of some six weeks over the time specified for the exchange of ratifications would not appear to change the situation, and it would be most regrettable should the settlement of this long standing question be prevented merely on the technical ground of the expiration of the time limit originally stipulated. The above is for your information, not to be used as a basis of formal representations, but to be used in your discretion should a suitable informal opportunity present itself. HUGHES 723.2515/1086 The Peruvian Ambassador (Pezet) to the Secretary of State [Translation 29] WASHINGTON, December 8, 1922. MOST EXCELLENT SIR: I have the honor to inform Your Excellency that in accordance with the request made to me in the name of his Government by the Most Excellent Señor Don Beltran Mathieu, Ambassador of Chile to the United States, my Government, upon the authority given by the Congress, and in further proof of the sincerity and uprightness of its acts and also of its principles of peace and American brotherhood, has agreed to extend until the 15th of January next, the time set for the exchange of the ratifications of the protocol and supplementary act signed in Washington on July 20 last by the Special Plenipotentiaries of Peru and Chile, which exchange was to have taken place by October 20 last in accordance with the provision in article 3 of the protocol but which could not then be effected for the reason that the approval of the said instruments was still pending in the Chilean Congress. I avail myself [etc.] F. A. PEZET RENUNCIATION BY THE WESTERN TELEGRAPH COMPANY AND THE ALL AMERICA CABLES, IN FAVOR OF AMERICAN AND BRITISH CABLE COMPANIES, OF EXCLUSIVE RIGHTS IN SOUTH AMERICA 835.73/132a: Telegram The Secretary of State to the Chargé in Argentina (White)1o WASHINGTON, February 4, 1922-7 p.m. 3. A settlement of the controversy arising out of effort of Western Union Telegraph Company to land its Miami-Barbados cable without 39 File translation revised. 40 The same, mutatis mutandis, to Brazil (no. 10), with the exception of the last paragraph (file no. 832.73/209a). See last paragraph for instructions to repeat to Montevido as no. 2. the consent of this Government at Miami, Florida," has now been tentatively arranged on the basis of the following condition as set forth in the draft license handed on December 8th to the representatives of the Western Union and the All America Cable companies: "That the licensee is not and shall not be associated with any foreign company or concern enjoying in Brazil, or elsewhere in South America, rights of entry, connection, or operation, denied to any American cable company; provided, however, that should the licensee desire to associate itself with any foreign company or concern enjoying in Brazil or elsewhere in South America rights of entry, interport connection or operation which are denied to any American cable company, and said foreign company or concern is willing to surrender such exclusive privileges in case exclusive privileges of similar character enjoyed in South America by any American cable company are likewise surrendered and should such American cable company be unwilling to surrender the same, then and in that event the licensee may apply to the President for abrogation or modification of this condition." The All Americas at that time and subsequently the Western Telegraph Company, Limited, through the Western Union, expressed their willingness to waive their exclusive privileges and in order to make it possible for the Western Union to accept the first condition of the draft license and to thereafter secure the consent of the President to land their cable at Miami, it was agreed that the Western Company and the All Americas should pass corresponding resolutions surrendering the exclusive rights held by them respectively in South America, in favor of American and British cable companies. These resolutions were then to be exchanged in the presence of an officer of the State Department, and a date fixed for their presentation by the local representative of the companies to the Governments of the South American countries concerned, requesting the said Governments formally to notify their acquiescence in the said waiver to the American diplomatic representatives accredited to them respectively. The latter were thereupon to transmit such notification received by them by telegraph to the Department which would then be in a position to recommend the issuance of a license by the President. This procedure is now being carried out. On January 25th the following resolution was passed by the Western Telegraph Company, Limited: "The Western Telegraph Company, Limited. Meeting of the Board of Directors of the company held at the company's offices, Electra House, Moorgate, London, on the 25th January 1922. Minute number 7648. Telegrams exchanged with Mr. Carlton, Washington, since the last meeting of the board, regarding the surrender of preferential or exclusive rights held by the Western Telegraph "See Foreign Relations, 1921, vol. I, pp. 815 ff. Company and the All America Cables, Incorporated, were considered and it was Resolved: Whereas, the Western Telegraph Company, Limited, enjoys or claims certain preferential or exclusive rights of entry, connection or operation of submarine cables in the Argentine Republic, Brazil and Uruguay; Whereas, the All America Cables, Incorporated, enjoys or claims certain preferential or exclusive rights of entry, connection or operation of submarine cables in Colombia, Ecuador and Peru, and whereas, it has been arranged that the Western Telegraph Company, Limited, and the All America Cables, Incorporated, shall renounce all such preferential or exclusive rights; now, therefore, be it resolved that the Western Telegraph Company, Limited, agrees to renounce, waive, relinquish and surrender in favor of American and British cable companies only, any preferential or exclusive rights of entry, connection or operation of submarine cables now enjoyed or claimed by it in the Argentine Republic, Brazil and Uruguay or elsewhere in South America. However, the Western Telegraph Company, Limited, does not give up its rights of entry, connection or operation of submarine cables but gives up only the preferential or exclusive features of such rights in favor of American and British cable companies. Provided, that this renunciation, waiver, relinquishment and surrender shall become effective upon the presentation to the Department of State of the United States in behalf of the All America Cables, Incorporated, of a corresponding resolution renouncing, waiving and surrendering any exclusive rights of a similar character which it enjoys or claims in Colombia, Ecuador and Peru or elsewhere in South America, and upon the acquiescence in the renunciation, waiver, relinquishment and surrender of the Western Telegraph Company, Limited, by the governments of the Argentine Republic, Brazil and Uruguay and the acquiescence in the renunciation, waiver, relinquishment and surrender of the All America Cables, Incorporated, by the governments of Colombia, Ecuador and Peru. And be it further resolved, that a copy of this resolution shall be transmitted to the Department of State at Washington and to the governments of the Argentine Republic, Brazil and Uruguay." A corresponding resolution, mutatis mutandis, was adopted by the Board of Directors of the All America Cables, Incorporated, on January 30, 1922. The resolutions were examined by the representatives of the Western Union, acting for the Western Company, and of the All Americas in the Department on January 31st, and February 7 was fixed for the presentation of the resolutions to the South American Governments concerned. There may be a few days delay in presenting the resolutions in Bogota and Quito. After notification to your British colleague and to yourself, the resolution of January 25th will be presented to the Argentine Government by the representative of the Western on Tuesday, February 7th. You are requested to keep the Department promptly informed and to telegraph the text of the formal concurrence of the Argentine Government as soon as it is received by you. |