against the act of the Second Numerary District Judge in the Federal District, consisting of the order of October 27th, of the said year, handed down in the proceedings instituted upon the petition of Enrique Munguia, for the illegal use of the trade mark "Chickering" which act was appealed from, the order referred to being for the attachment of merchandise bearing the Chickering trade mark.

Third: Notify the Government Attorney and through the Agency of the respective District Judge, notify the other parties who intervened in said suit, and for this purpose issue a copy which, after the same has been duly dispatched through the usual channels shall be returned to this Supreme Court; issued the decision and this record of amparo, return the same to the Lower Court; publish the same and file this record.

So, by a unanimity of five votes, it was decided by the First Chamber of the Supreme Court of Justice of the Nation. The Magistrates who compose this Chamber and the authorized Secretary, signed, stating that because of the physical incapacity of President Osarno Aguilar, Magistrate Carlos Salcedo signed for him. I certify, Magistrates P. Macharro y Navaez. F. de la Fuente. Carlos Salcedo. F. Barba. Secretary, E. Manrique. Scrolls.

MOROCCO

REPRESENTATIONS REGARDING AMERICAN RIGHTS WITH RESPECT TO CONCESSION BY THE TANGIER ADMINISTRATION IN MOROCCO

881.6463/13

The American Diplomatic Agent and Consul General at Tangier (Blake) to the French Resident General in Morocco (Saint) 1

TANGIER, May 19, 1930.

MR. RESIDENT-GENERAL:-I have the honor to draw Your Excellency's attention to certain discussions which have recently taken place in the Committees of the Legislative Assembly at Tangier, and from the trend of which it is apprehended that decisions might eventually be taken by that Body, in violation of the treaty rights of the United States in Morocco.

There is now before the aforesaid Assembly, or is shortly to be presented by the appropriate Committees, for its consideration and decision, an application made by the "Compañia Electra HispanoMarroquí" and the "Société Marocaine de Destribution d'Eau, de Gaz et d'Electricité" for the grant to themselves without public adjudication of a concession for the supply of electric fluid for lighting and power purposes in the city of Tangier and its surroundings. I have therefore the honor to request Your Excellency to be good enough to recall to the competent Authorities of the Tangier Zone of the Shereefian Empire that, in virtue of the treaty provisions concerning economic equality among the Powers, and notably in view of the specific terms of the Act of Algeciras 2 in the premises, the conditions under which any concession or contract of the nature in question may be granted by the Tangier Administration, must be such as to make it possible for American nationals to participate in the bidding for such enterprise, on terms of perfect equality with concerns of any other nationality.

In view of the circumstances above set forth, I venture to stress the necessity for urgent action on the part of Your Excellency, in this connection.

Please accept [etc.]

MAXWELL BLAKE

1 Copy transmitted to the Department by the Diplomatic Agent at Tangier in his despatch No. 507, May 28, 1930; received June 17.

2 Foreign Relations, 1906, pt. 2, p. 1495.

881.6463/14

The American Diplomatic Agent and Consul General at Tangier (Blake) to the French Resident General in Morocco (Saint) 3

3

TANGIER, July 7, 1930.

MR. RESIDENT-GENERAL:-I have the honor to refer to my communication dated May 19th, 1930, in which I signalized to Your Excellency my apprehension that the Committees of the Tangier Legislative Assembly appeared to contemplate the grant, to certain concerns, of a concession for the supply of electric light and power, in derogation of the principle, laid down by the Act of Algeciras, of public awards on proposals without preference of nationality.

I ventured to request Your Excellency to be good enough to recall to the Tangier Authorities the necessity of respecting the rights of the United States under the provisions of the treaties in the premises, and I would be very grateful to have Your Excellency's official notification as to whether or not the subject of my protest has been brought to the attention of the Authorities concerned. Please accept [etc.]

MAXWELL BLAKE

881.6463/14

The French Minister in Morocco (Blanc) to the American Diplomatic Agent and Consul General at Tangier (Blake)3

[Translation]

No. 201-D RABAT, July 15, 1930. MR. DIPLOMATIC AGENT:-By letter dated May 19th last, to which reference is again made under date of June [July] 7th, you have been good enough to request me to call the attention of the Administrator of the Zone of Tangier, to proposals which have been made by two companies, French and Spanish, in regard to the distribution of electricity in Tangier, such proposals being under examination at the present time by the competent commissions of the Legislative Assembly. You express the desire that, in the circumstances, the dispositions of international treaties shall be respected, in virtue of which the right is recognized to concerns of the nationals of all countries to participate in public adjudications in Morocco.

I have the honor to acknowledge the receipt of these two letters and to inform you, in my capacity as Minister for Foreign Affairs of His Shereefian Majesty, that I have communicated to the Administrator

Copy transmitted to the Department by the Diplomatic Agent at Tangier in his despatch No. 525, July 19, 1930; received August 4.

of the Zone of Tangier the anxieties to which you gave expression in your letter of May 19th last.

In replying to me, Mr. Le Fur has given me the assurance that he will not fail to see, at the opportune time, that sufficient delays are provided for the purpose of permitting American nationals to participate on a footing of perfect equality with all other competitors in the adjudications for supplies which shall be called for, in connection with the equipment of the future enterprise for the distribution of electrical power in Tangier.

Please accept [etc.]

URBAIN BLANC

881.6463/14

The American Diplomatic Agent and Consul General at Tangier (Blake) to the French Resident General in Morocco (Saint)*

TANGIER, July 18, 1930.

MR. RESIDENT-GENERAL:-I have the honor to acknowledge the receipt of the Note No. 201-D dated July 15th, 1930, which Your Excellency has addressed to me in reply to my two communications of May 9th [19th], 1930 and July 7th, 1930, on the subject of the proposals, now under the consideration of the Tangier Legislative Assembly, which emanate from the "Compañia Electra HispanoMarroqui" and the "Société des Eaux" looking to the award to these combined companies, without the proper procedure relative to public adjudication, of a concession for the distribution of electric light and power in Tangier.

I am pleased to note that assurances are given that proper delays will take place in order that American concerns may be in a position to compete on a footing of perfect equality with the nationals of any other country in connection with the bidding on the contracts for the materials and supplies eventually required for the equipment of the future enterprise for the distribution of electric light and power in Tangier.

I would however point out to Your Excellency that my letter of May 19th, 1930 made appeal for proper respect of the pertinent treaty provisions, on the part of the Tangier Authorities, specifically regarding the rights of American nationals and concerns to participate, on terms of perfect equality with those of any other country, in the opportunity to bid for the concession itself. My letter, therefore, referred unmistakably to Article 107 of the Act of Algeciras in its entirety, and this Article requires that concessions for the operation of public services, as well as contracts for supplies connected with Copy transmitted to the Department by the Diplomatic Agent at Tangier in his despatch No. 525, July 19, 1930; received August 4.

their equipment, shall be subordinated to the principle of public awards on proposals, without preference of nationality.

In the circumstances it will be obvious to Your Excellency that assurances in regard to the respect of American treaty rights only so far as concerns opportunity to bid on contracts for materials and supplies for the equipment of a concessionary enterprise, to the exclusion of an opportunity to bid for the concession itself, are unsatisfactory. I trust, therefore, that Your Excellency will be good enough to advise the competent Authorities of the Tangier Zone of the necessity for a full and entire observance of all the provisions of Articles 105 to 110 of the Act of Algeciras and of the regulations issuing therefrom, concerning the award of this and of any other concession or contract, which may be contemplated by the Tangier Administration. In conclusion, I shall be grateful to have Your Excellency's official notification as to the action taken in regard to this matter. Please accept [etc.]

MAXWELL BLAKE

881.6463/15

The Acting Secretary of State to the Ambassador in France (Edge) No. 303

WASHINGTON, August 26, 1930. SIR: The American Diplomatic Agent at Tangier forwarded to the Embassy copies of his despatches No. 507 and 525 of May 28 and July 19, 1930, respectively, concerning a prospective violation of the Act of Algeciras by the Tangier Administration in connection with a contemplated award of a concession for the distribution of electric light and power in Tangier. You are requested to discuss this question informally with the appropriate French officials, setting forth this Government's position in the matter, which is, that awards for concessions such as that in question must be submitted to open bidding and equality of opportunity for American interests must be maintained. Mr. Blake's despatches of May 28 and July 19 will furnish you with sufficient information with regard to this case to obviate the necessity for the Department to explain the details thereof. A copy of a despatch on this same subject dated July 31, 1930, from the Diplomatic Agent at Tangier is enclosed for your information.s A copy of such report as you may make to the Department should be forwarded to the Diplomatic Agent at Tangier for his information. Very truly yours, WILLIAM R. CASTLE, JR.

The same, mutatis mutandis, to the Ambassadors in Great Britain, Italy, and Spain as Nos. 486, 206, and 85, respectively.

7 Despatches not printed; for their enclosures, see supra. 8 Not printed.