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10. Within fifteen days from the organization of the Tribunal the parties shall serve upon each other a detailed statement in writing of their respective claims, and shall file with the Tribunal four copies thereof, two in English and two in Spanish. Claims not presented in this manner shall not be considered by the Arbitrators, but shall be deemed to be forever waived and barred.

11. Within fifteen days from the filing of the said claims the parties shall serve upon each other their answers thereto, and shall fle with the Tribunal four copies thereof, two in English and two in Spanish.

12. Within ten days from the filing of the said answers the parties shall serve upon each other their replications thereto and shall file with the Tribunal four copies thereof, two in English and two in Spanish.

Any claims and allegations of either party not controverted by the other shall be deemed to have been admitted.

The claims and pleadings may be amended [so) as to form at any time before final submission to the Tribunal of all matters in dispute, upon written leave of the arbitrators duly entered of record. (Omission ?]

13. Within ten days from the filing af the replications as provided in paragraph 12, each party shall present in writing to the Tribunal the evidence on which it intends to rely. When an original paper can not be produced, a certified copy thereof or a copy stipulated to be correct may be received in evidence in lien of the original. Either party may call upon the other for the production of papers and documents.

14. Within ten days thereafter, each party shall have the right to present in writing evidence in rebuttal. The reception of evidence shall then be deemed to have been closed, unless the Tribunal shall request further proofs, in which case either party may be directed to produce documents or information in its possession, or the arbitrators may interrogate witnesses orally. The testimony of such witnesses shall, however, be taken down in writing, and either party shall be entitled to cross-examine any such witnesses.

15. The arbitrators shall investigate the claims before them upon the evidence furnished by the Agents of the respective parties and shall hear, if requested so to do, the Agent and one of Counsel on each side on each claim.

16. The award or awards of the arbitrators, and in the event of their disagreement the award or awards of the third arbitrator, shall be in writing and shall be final and conclusive, and of immediate obligation, and shall be payable at Quito in American gold with interest at the rate current in Ecuador from the date of maturity until payment.

17. The arbitrators shall render their award or awards within six months from the day on which their first meeting took place; but should they find themselves unable to conclude their labors within that time, they may take three months longer, notifying the parties of the fact.

18. Should a third arbitrator be named, the Arbitrators shall deliver to him, within twenty days after he has made and subscribed the solemn declaration required by section 1, all papers, documents and evidence relating to the claim or claims on which they were unable to agree. Within thirty days after his receipt of such papers, documents and evidence, he shall hear argument as prescribed in section 1), and within thirty days after the conclusion of the argument, he shall render his decision.

19. The Government of the United States shall pay the compensation of the Arbitrator named by the President of the United States, and the Government of Ecuador shall pay the compensation of the Arbitrator named by the President · of Ecuador. In case it is necessary to name the third arbitrator, his compensation shall be paid jointly by the two Governments in equal proportions. All other expenses, including costs and fees, shall be paid as directed by the Arbitrators.

20. All matters relating to the proceedings of the arbitration not herein provided for shall be determined by the Arbitrators, to whom is reserved the right to make further rules as occasion may demand.

21. The proceedings of the Tribunal shall not be subject to the intervention of the courts of either country.

NOTE : It should be stipulated that Mr. A. Romo Leroux, who has been the local attorney for the Railway Company for a number of years and is familiar with its records and also with the laws of Ecuador, shall be allowed to return and act as one of the attorneys of the Railway Company in the arbitration, if the Railway Company shall so desire.

Form of Declaration by the Arbitrators.

The undersigned, Arbitrators respectively appointed by the President of the l'nited States of America and the President of the Republic of Ecuador to decide the questions between the Government of Ecuador and the Guayaquil and Quito Railway Company under the protocol concluded on the day of , 1913, do solemnly declare that they will impartially and carefully examine and decide, to the best of their judgment and according to public law, justice and equity, without fear, favor or affection to either party, upon all claims that shall be laid before them for their decision on the part of the parties to the arbitration.


File No. 422.11G93/704.

The American klinister to the Secretary of State.

(Telegram-Para phrase.)


Quito, November 17, 1913. I am informed that upon the arrival of Judge Miller the Arbitrator appointed by the President of Ecuador will be ready to proceed with the arbitration,


File No. 422.11G93/706a.

The Secretary of State to the American Minister.



Washington, November 19, 1913. The American Arbitrator and party expect to leave New York on the Pastores on November 29 and will telegraph you from Panama the date of arrival at Guayaquil. Kindly arrange with the Govern. ment to have a special train ready immediately to convey them from Guayaquil


File No. 422.11G93/710.

The American Minister to the Secretary of State.

[Telegram- Paraphrase.]


Quito, November 21, 1913. The Government of Ecuador promptly agreed as to the propriety of furnishing a special train for Judge Miller and to supply it. i have expressed to the Minister for Foreign Affairs our Government's appreciation of their friendly attitude.




File No. 822.124/272.

The American Chargé d'Affaires to the Secretary of State. No. 174.]


Quito, January 6, 1913. Sir: I have the honor to report that Colonel W. C. Gorgas and the other members of the American Sanitary Commission, having completed their work in Ecuador, sailed for Panama on the steamer leaving Guayaquil December 24, 1912. I have [etc.]


File No. 822.124/276.

The Secretary of War to the Secretary of State.



Washington, March 1, 1913. MY DEAR MR. SECRETARY: I have the honor to transmit to you herewith the report of Colonel W. C. Gorgas 2 in regard to sanitary conditions at Guayaquil

, Ecuador. Very sincerely yours,


[Inclosure Summary.']


Colonel William C. Gorgas, accompanied by a sanitary commission of three other members consisting of Major Noble, and Messrs. Prince and McGuigan, mas in Ecuador from December Sth to 24th, 1912, for the purpose of studying the sanitary conditions in that city and reporting what measures would be necessary to eliminate yellow fever and bubonic plague from that port, together with an estimate of the cost. Colonel Gorgas stated in his report that it was the opinion of the commission that Guayaquil could be freell from these two diseases and also from a great deal of the typhoid and intestinal diseases there prevalent at a cost of about $9,200,000, gold. The measures necessary to attain this end are as follows:

1. Appointment of a suitably qualified health officer to have control of all matters of health in the Republic, including particularly the sanitary police of the city of Guayaquil. It is essential that this oflicer have the cooperation of all the other authorities in the country, otherwise his work will be greatly bampered and he would partially fail, as happened to Dr. Lloyd in 1909.

2. Providing a suitable and sufficient water supply for the city, which will permit the removal of all cisterns and tanks, which are the breeding-places of the stegomya yellow-fever mosquito. At the present time the water supply is so limited tbat it is only turned into the mains for four hour's out of the twentyfour.

3. A complete system of paving and sewerage, primarily intended to eliminate 100ls of water which might form breeding places for mosquitos. This would antil a proper system of garbage collection, which would be under the direct supervision of the health officer above mentioned.

i l'ontinued from For. Rel. 1912, pp. 422-434.
2 The report is dated at Ancon, Canal Zone, January 9, 1913.

3 This summary was made in the Division of Latin-American Affairs, Department of State, Nov. 11, 1913. (File No. 822.124/276.)

4. Building the plague-carrying rats out of existence by putting in cement floors and sills in all the buildings, doing away with the present system of double walls and eliminating the gutters, etc., from the roofs of the houses.

The above measures should be carried out gradually, and Colonel Gorgas estimates that several years will be necessary to effectively sanitate the city,

About $150,000, gold, annually will pay the expenses of the expert employees needed during this period.

Colonel Gorgas further considers that the sanitary organization as at present existing in Guayaquil can be utilized, and changes made gradually therein as occasion therefor may arise.

File No. 822.124/279.

The Secretary of State to the American Chargé d'Affaires.

No. 69.]


Washington, April 5, 1913. SIR: The Department encloses herewith, in duplicate, a letter dated March 18, 1913, addressed to the President of the Republic of Ecuador by Colonel W. C. Gorgas, U. S. Army, enclosing accounts in detail covering the expenditure of certain funds furnished by the Eenadorean Government for the purpose of making sanitary surveys at the port of Guayaquil. The accounts referred to by Colonel Gorgas in this letter are also transmitted herewith in duplicate, together with his check No, AA 678524 on El Banco Comercial y Agrícola, Guayaquil, for the unexpended balance of S/9298.90 in favor of the Treasurer General of the Republic of Ecuador.

You are directed to present these accounts and Colonel Gorgas' check in person to the President of Ecuador. The Department has expressed to the War Department its gratification at the manner in which Colonel Gorgas has fulfilled his mission, and at the fact that he expended less than half of the amount of money set aside by the Government of Ecuader for this purpose.

In presenting the check and accounts to the President you may, in your discretion, say that you believe it would have a most favorable effect upon relations between the United States and Ecuador if he would make publie the object of your visit and the fact that Colonel Gorgas had returned more than half of the money placed to his credit by the Government of Ecuador. I am [etc.]

For Mr. Brvan:



Colonel W. C. Gorgas, U. S. A., to the President of Ecuador,


Ancon, C. Z., Jarch 18. 1913. SIR: I herewith enclose accounts in detail covering the expenditure of atriain fuls furnished by the Ecuadorean Government for the purpose of making certain sanitary surveys at the port of Guayaquil, Ecuador.

The sum turned over to me by the Government of Ecuador was sixteen thonsand eight hundred seven and fifty-hundredths sucres (S/16,807.50). Of this sum I expended seven thousand five hundred eight and sixty-lundredths sueris (8/7508.60), which expenditures are covered by enclosed vouchers, leaving a balance of nine thousand two hundred ninety-eight and ninety-hundredths sucres (S/9298.90).

I enclose check No. 678524 on the Banco Comercial y Agrícola, Guayaquil, where the money was originally deposited, for the balance of S/9298.90, in favor of the Treasurer General of the Republic of Ecuador. Very respectfully,


File No. 822.124/283.

The American Minister to the Secretary of State.



Quito, May 24, 1913. A crisis is approaching in the foreign loan negotiations and attending contracts for the sanitation of Guayaquil, which will not be awarded by competition but in a manner to best subserve local polities. Foreign firms are actively endeavoring to furnish loan and obtain contracts, as well as at least one American. It is practically certain that no American can hope for success, unless strong representations be speedily made to the effect that giving this matter to any but an American firm will be considered by the Government of the United States as unfriendly. America is known to be the most advanced nation in tropical sanitation, and the American firm competing has secured the refusal of Colonel Gorgas's services as adviser.

I beg to be instructed to urge this matter upon the Ecuadorean Government.


File No. 822.124,283.

The Secretary of State to the American Minister

(Telegram- Paraphrase. ]


Washington, June 26, 1913. Americans should not be excluded from work of sanitation, especially after Ecuador invited the Isthmian Canal Commission to make report on the work which Colonel Gorgas made. Use your best efforts to secure for Americans opportunity to obtain contract. Give names of American firms bidding.


File No. 822.124/292.

The American Minister to the Secretary of State.



Quito, July 1, 1913. Americans will be given opportunity to obtain Guayaquil contract. Only American firm now competing is MacArthur Bros., New York.

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