Speech of Governor Ahumada at Guadalajara, October 14, 1907. MR. SECRETARY: Although our President, Gen. Porfirio Diaz, with the high international representation awarded him by our institutions, and by the personal adhesion of all federal and state authorities, as well as by the love of the Mexican people in general, has already given a cordial welcome in the name of all of us, allow me, in the name of the State which I govern, to express to you the kind feelings of sympathy which exist in all hearts beating within this important section of our country. Jalisco, Mr. Secretary, has always been a land that loves all that is great and useful for the country, and as during the time when we fought for independence and liberty it did not spare its sons, in the same way we want to join our voice to the voice of the people that from the bravo to the usumacinta praise and bless you, to take our share in the work for peace which you initiated during the third Pan-American conference in Rio de Janeiro, which you continued by your visit to the main republics of South America, and which you are carrying to an end now by tokens of friendship which you are giving to Mexico and the people of the State of Jalisco. The people of this State believe that the best way to take part in this labor is to tell you through me: "Welcome be the noble emissary who, like the dove of the ark, brings the symbolic olive branch which announces that clouds have been dissipated and the sun of friendship among the towns of the new continent is rising." We should have been pleased to have you among us a longer time, to give you and the dear beings who accompany you better tokens of our esteem and to show you the high appreciation that we feel for the people of the United States and her great ruler, President Roosevelt. But inasmuch as this is impossible, owing to your important and urgent labors, which compel you to stay but a few hours among us, allow me, Mr. Secretary, to state that if our demonstrations of friendship are short, they are made in the land of traditional frankness and true friendship. Let us drink, ladies and gentlemen, to the health of his excellency, Mr. Root, his distinguished wife, and his "simpatica" daughter, and wishing for all of them all kinds of happiness, let us prove that we have shaken their hands in the spirit that sons of Jalisco shake hands-our heart is our hand. Mr. Root's reply. GOVERNOR AHUMADA AND GENTLEMEN: I thank you very heartily for your kind words, for your flattering description of myself, and for the spirit of friendship for my country which you exhibit. I am highly appreciative of all the hospitality, the warm welcome, and the graceful and most agreeable entertainment which you and your people of Guadalajara and of the State of Jalisco have given to my family and to myself. I think it is perhaps fitting that I should make the last serious and extended visit of all which I have been making in Mexico to the city of Guadalajara. The most striking feature of Mexican life to a stranger is that rare combination of history and progress which one finds. The two eras of history, the Spanish, and before that the Indian civilization, which has to so great an extent passed away, and beside that the modern development, the spirit of modern enterprise, the active progress of mining and agriculture and manufactures, the stimulus of sound finance, and the general determination of the people to take rank with the great productive nations of the earth, nowhere have I found that combination more marked and distinct than I see it here in Guadalajara. As I said to you a short time ago, your excellency, the things that impressed me most on entering this city were, first, that it was clean; secondly, that there were many nice-looking people; thirdly, that it was cheerful; and, fourthly, that it had many beautiful buildings. I can add to that a fifth, that it is bright with the rainbow of hope for the fruits in all its many enterprises. This may be the last time that I stand upon my feet to speak to any audience in Mexico before my departure for my own country, and there are two things that I wish to say; one is, that nothing could have been more generous, more tactful, and more grateful to us than the hospitality and friendship which my family and myself have received during the entire time since we crossed the border at Laredo. We are grateful for it, we are deeply appreciative of it. The other thing that I wish to say is that I have all the time since I came to Mexico been thinking about the question of permanence of your new prosperity. I go back to my home encouraged and cheered by having found, as I believe, evidence, substantial evidence, that the new prosperity of Mexico is not evanescent, and temporary, but is permanent. I do not believe that Mexicans will ever again return to the disorder of the condition which characterized the first sixty years of her independence. I believe that during this long period of peace and order which has been secured for your people by your great, wise, strong President Diaz, there has grown up a new spirit among Mexicans and a new appreciation of individual duty to civilization in the maintenance of peace and order. So, I go back, not only charmed with the beauty of your country, not only delighted with the opportunity to see the wonderful historic monuments you possess, not only delighted with the hospitality of your homes and charmed with the character of your people, but I go back with the feeling that the Mexican people have joined forever the ranks of the great, orderly, self-controlled, selfgoverning republics of the world. MOROCCO. PROTECTION OF PATENTS IN MOROCCO. AGREEMENT BETWEEN THE UNITED STATES AND GREAT BRITAIN EFFECTED BY EXCHANGE OF NOTES. File No. 4968/-2. No. 168.] Minister Gummeré to the Secretary of State. AMERICAN LEGATION, Tangier, February 16, 1907. SIR: I have the honor to report that I have received from the British minister at Tangier a letter suggesting the utility of the extension by our respective consular authorities at Morocco to patents of invention the same protection which is now accorded to trademarks. To this end he informs me that "protection will be accorded by the British consular tribunals in Morocco to American patents of invention which have been duly registered in Great Britain in conformity with patents, designs, and trade-marks acts, 18831888," on condition that protection, under the same conditions, will be assured in Morocco by the American authorities to English patents of invention, and asks me to communicate to him my opinion on this subject. I have the honor to inclose herewith a translation of the said letter. I replied to his excellency's letter informing him that I would submit to my Government his proposition regarding the extension to patents of invention the arrangement which is in force with respect to trade-marks and would inform him of the decision on the subject. I have the honor to inclose herewith a translation of my said reply." May I beg that the department will instruct me as to their decision on this subject. I am, etc., S. R. GUMMERÉ. File No. 4968/3-4. The Acting Secretary of State to Minister Gummeré. No. 92.] DEPARTMENT OF STATE, Washington, April 9, 1907. SIR: Referring to your dispatch No. 168, of February 16, 1907, transmitting correspondence with the British minister concerning the mutual protection of British and American patents in Morocco, See inclosures 1 and 2 with Mr. Gummere's dispatch of June 24, p. 874. I inclose for your information a copy of a letter from the Secretary of the Interior, accompanied by a copy of one from the Commissioner of Patents, expressing approval of the agreement suggested. You will make the exchange of notes necessary to effect the proposed arrangement. I am, etc., ROBERT BACON. [Inclosure.] The Secretary of the Interior to the Secretary of State. DEPARTMENT OF THE INTERIOR, SIR: Your letter of the 9th ultimo has been received, transmitting a copy of a dispatch from the American legation at Tangier, Morocco, suggesting the utility of the extension, by our respective consul authorities in Morocco, to English patents of invention of the same protection which is now accorded to trade-marks, on condition that the same protection will be assured by the British consular tribunals in Morocco to American patents of inventions which have been duly registered in Great Britain in conformity with "Patents, designs, and trade-mark acts, 1883-1888." You request to be furnished with an expression of views on the subject. In response thereto I have the honor to transmit herewith a copy of a letter from the Commissioner of Patents, to whom the matter was referred, reporting that under existing law and by the terms of article 2 of the convention of Paris of March 20, 1883, the protection suggested has already been effectuated. However, he considers the arrangement proposed to be a desirable one, and recommends that the same be entered into, as the rights now possessed by American citizens would be rendered more clear, in which I concur. Very respectfully, JAMES RUDOLPH GARFIELD. [Subinclosure. I The Commissioner of Patents to the Secretary of the Interior. UNITED STATES PATENT Office, SIR: I have received by your reference of the 12th ultimo for consideration and report a letter of the Acting Secretary of State, dated March 9, transmitting correspondence between the American and British ministers at Tangier, Morocco, in regard to the protection of patents there, and requesting an expression of views in relation to this matter. The letter of the American minister to the Secretary of State, dated February 16, reports receipt of a letter from the British minister at Tangier, suggesting the utility of the extension by our respective consular authorities in Morocco to patents of invention of the same protection which is now accorded to trade-marks, and he forwards copy of a letter from the British minister at Tangier, Gerard Lowther, dated February 4, 1907, in which the British minister informs him that "protection will be accorded by the British consular tribunals in Morocco to American patents of inventions which have been duly registered in Great Britain in conformity with Patents, designs, and trade-mark acts of 1883-1888,' on condition that protection under the same conditions will be assured in Morocco by the American authorities to English patents of invention." The letter of the American minister, transmitting this proposition to our Department of State, asks for instructions in respect to this matter. The effective and governing consideration here is the limitation among all American patents for inventions involved in the language "which have been duly registered in Great Britain in conformity with Patents, designs, and trademark acts, 1883-1888,' since such condition is required to be assured reciprocally by the American authorities to English patents of invention." It becomes important, then, to note the provisions of the British "Patents, designs, and trade-marks acts, 1883-1888." By reference to Terrell on Patents, fourth edition, London, 1906, page 437, section 103, I find, under the heading "International and colonial arrangements," that "If Her Majesty is pleased to make any arrangement with the government or governments of any foreign state or states for mutual protection of inventions, designs, and trade-marks, or any of them, then any person who has applied for protection for any invention, design, or trade-mark in any such state shall be entitled to a patent for his invention, or to registration of his design or trade-mark (as the case many be) under this act, in priority to other applicants; and such patent or registration shall have the same date as the (date of protection obtained) date of the application in such foreign state. "Provided that his application is made, in the case of a patent within (seven) twelve months, and in case of a design or trade-mark within four months, from his applying for protection in the foreign state with which the arrangement is in force." The evident purpose of this statutory provision is to effectuate the terms of article 2 of the convention of Paris of March 20, 1883, which is as follows: "The subjects or citizens of each of the contracting states shall, in all the other states of the union, as regards patents, industrial designs or models, trade-marks and trade names, enjoy the advantages that their respective laws now grant, or shall hereafter grant, to their own subjects or citizens. "Consequently, they shall have the same protection as the latter, and the same legal remedy against any infringement of their rights, provided they observe the formalities and conditions imposed on subjects or citizens by the internal legislation of each state." To this convention of Paris both Great Britain and the United States are parties. The provision of our Revised Statutes by which the treaty of Paris is effectuated and intended to provide the equivalent legislation to that of the British patent act above mentioned is found in section 4887, which reads as follows: "No person otherwise entitled thereto shall be debarred from receiving a patent for his invention or discovery, nor shall any patent be declared invalid by reason of its having been first patented or caused to be patented by the inventor or his legal representatives or assigns in a foreign country, unless the application for said foreign patent was filed more than twelve months, in cases within the provisions of section forty-eight hundred and eighty-six of the Revised Statutes, and four months in cases of designs, prior to the filing of the application in this country, in which case no patent shall be granted in this country. "An application for patent for an invention or discovery or for a design filed in this country by any person who has previously regularly filed an application for a patent for the same invention, discovery, or design in a foreign country which, by treaty, convention, or law, affords similar privileges to citizens of the United States shall have the same force and effect as the same application would have if filed in this country on the date on which the application for patent for the same invention, discovery, or design was first filed in such foreign country, provided the application in this country is filed within twelve months in cases within the provisions of section forty-eight hundred and eighty-six of the Revised Statutes, and within four months in cases of designs, from the earliest date on which any such foreign application was filed. But no patent shall be granted on an application for patent for an invention or discovery or a design which had been patented or described in a printed publication in this or any foreign country more than two years before the date of the actual filing of the application in this country, or which had been in public use or on sale in this country for more than two years prior to such filing." The two statutes mentioned, the British and the American, are the interior legislation intended to effectuate the provisions of article 2 of the convention of Paris, above quoted, and since such legislation became effective we find that the rights accorded to their own natives are accorded by the provisions of the statutes mentioned to the citizens of the other country, as between Great Britain and the United States. It then becomes possible under this legislation of the two countries for the citizens of each to obtain in the other "by action taken within the times provided by the convention of Paris" patents covering inventions, so that if such rights are exercised we shall see American citizens taking out British patents and British subjects taking out American patents and being treated in this regard like natives in each country. Thereupon it is to be noted that the laws |