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formerly belonging to consular agents in matters relating to commerce are recognized by the custom-house officers of the United States and of other nations.

It will be noted that said circular authorizes the collectors of customs affected to perform the duties of United States consuls or consular officers "so far as concerns seamen, vessels, clearances, etc.," and therefore limits the authority of such officers to matters involved in the commerce of the country, and does not authorize them to perform the duties of United States consuls in administering upon the estate of a deceased American citizen.

This want of authority may be remedied by another order conferring such authority upon the collectors of customs. A draft for such an order is here with submitted. This draft follows the language used in section 1709, Revised Statutes of United States, above quoted, with additional requirements regarding reports in regard to the action taken by them.

If such order is issued, it should be communicated to the Treasury Department for its information and files. It would also be well to call the attention of the collectors to the necessity of observing that in such matters they do not act as consular agents of the United States, but as United States collectors of customs, and in signing their names while so acting should add: Acting under authority conferred by Order No., War Department, dated

Since said collectors are not United States consular agents, they are not required to report to the State Department. The State Department has already refused to receive or consider a report on such matters made by the collector of customs at Iloilo, P. I., basing its refusal on the fact that he was not an actual or acting consular agent of the United States. (Letter from Secretary of State to Secretary of War, January 29, 1900. Estate of Mortimer Cook.)

Some confusion was occasioned in this Department by the refusal of the State Department to receive the report of the collector of customs at Iloilo on the administration of the Cook estate. It was at first understood that the refusal was intended as a denial of the right of the collector to perform the service for the reason that it was now impossible for the United States to have consular agents in that territory. Upon review of the subject and more extended inquiry and investigation, it appears that the refusal was made because the State Department held the view that in such matters the collector did not act as an attaché of the State Department nor as a representative of that Department, but acted as the representative of the War Department, to which he should make report. The collector in that instance signed the report as "Acting United States consular agent," which was erroneous. (See Dept. letter to Colonel Bliss, collector of customs for Cuba, July 20, 1900.)

The laws of the United States do not require United States consular agents to report their proceedings in the administration of estates to the State Department. Such reports are made pursuant to an established practice.

Pursuant to the foregoing report, the Secretary of War issued the following circular:

Circular No. 45.

Division of Insular Affairs.

WAR DEPARTMENT, Washington, December 26, 1900.

The following is published for the information and guidance of all concerned: Such persons as may be duly designated for that purpose by the military governor of Cuba are hereby authorized and directed—

First. To take possession of the personal estate left by any citizen of the United States, other than seamen belonging to any vessel, who shall die within territory subject to the military government of Cuba, leaving there no legal representative, partner in trade, or trustee by him appointed to take care of his effects.

Second. To inventory the same, with the assistance of two merchants of the United States, or, for want of them, of two others at the choice of the person designated to take charge of said estate. Said inventory shall be in triplicate, two of which shall be forwarded through the military channel to the military governor, who shall retain one and forward one to the Secretary of War, the administrator retaining the third. Third. To collect the debts due the deceased in the country where he died, and to pay the debts due from his estate which he shall have there contracted.

Fourth. To sell at auction, after reasonable public notice, such part of the estate as shall be of a perishable nature, and such further part, if any, as shall be necessary for the payment of his debts and the costs of administration, the remainder to be retained and preserved until the Secretary of War shall determine what action shall be taken thereon.

Fifth. If the amount realized from the sales provided for in paragraph fourth shall be in excess of the sum necessary to pay the debts of the deceased contracted in that country and the costs of administration, the balance shall be transmitted to the military governor, who shall transmit the same to the Secretary of War for deposit in the Treasury of the United States, there to be held in trust for the legal claimant; except that if at any time before such transmission the legal representative of the deceased shall appear and demand his effects in their hands, they shall deliver them up, being paid their fees, and shall cease their proceedings.

Sixth. The military governor of Cuba will designate a person or official in each municipality who, upon receiving information of the decease of an American citizen in said municipality, shall immediately communicate information thereof to the military governor of Cuba, the Secretary of War, and the relatives or friends of the deceased whose address is ascertainable.

This order to be duly proclaimed and enforced in Cuba.

1394-03

-31

ELIHU ROOT, Secretary of War.

IN THE MATTER OF THE APPLICATION OF SAM WING, A CHINESE MERCHANT, DOMICILED IN PROVIDENCE, R. I., FOR AN ORDER DY THE SECRETARY OF WAR PERMITTING HIM TO ENTER THE PORT OF MANILA, P. I., AND THENCE PROCEED TO ILOILO, TO THERE ENGAGE IN BUSINESS AS A MERCHANT. [Submitted, July 13, 1900. Case No. 1802, Division of Insular Affairs, War Department.]

SIR: I have the honor to report upon the above-entitled matter as follows:

This matter was first presented to the Department on June 8, 1900, by Hon. E. W. Roberts, member of Congress, from Massachusetts, who applied orally to the Assistant Secretary for the desired order. The Assistant Secretary referred him to the writer for information. as to the course to be pursued. Mr. Congressman Roberts stated, orally, that Challis & Eaton, a well-known and reputable firm, doing business at 146 Franklin street, Boston, Mass., dealers in Yankee notions,” were desirous of introducing their goods into the Philippines. For this purpose the firm had made arrangements to establish in business at Iloilo a Chinaman named Sam Wing, who has been in America since 1875, and for the five years last past a merchant, dealing in Chinese goods, in Providence, R. I. (See letter from Roberts, M. C., received July 13, 1900.) These arrangements contemplate that in the latter part of July, 1900, said Sam Wing will depart from Providence, R. I., go to Montreal, Canada, thence to Vancouver, and from there sail to Hongkong, where he contemplates remaining for a short period, visiting his parents, family, and friends. From Hongkong he desires to go to Manila and from there to Iloilo, to remain and engage in said business.

The interested parties fear that upon arriving at Manila he will not be allowed to enter that port or proceed to Iloilo. It was agreed that prior to action being taken herein by the Secretary, and as a basis for action, it would be necessary to make a showing establishing the identity of the person of said Sam Wing, the fact of his having been in America for years past, that he was a merchant, and his purpose in going to the Philippines. This showing is now made and presented to the Department. It fails to show that Messrs. Chillis & Eaton are interested in the venture, but the omission is probably a measure of precaution intended to prevent possible liability in connection with the business.

The military order prohibiting Chinese immigration into the Philippines provides for certain exemptions, as follows:

There will be exempted from the above restrictions the parties named in article 3 of the convention between the United States of America and the Empire of China, published in Supplement to the Revised Statutes of the United States, volume 2,

pages 155–157, to wit: Chinese officials, teachers, students, merchants, or travelers for curiosity or pleasure. The coming of these classes of Chinese will be permitted upon production of a certificate from their Government or the government where they last resided, viséd by the diplomatic or consular representative of the United States in the country or port whence they depart, supplemented by such further proof as is required in section 6 of an act of Congress approved July 5. 1884.

The applicant herein, Sam Wing, shows by affidavit that he is a merchant, and has for more than five years last past been domiciled in Providence, R. I. The showing is sufficient to establish the fact of his belonging to an exempted class. But the order requires that the fact be established in a certain way, to wit: "A certificate from their Government or the government where they last resided, vised by the diplomatic or consular representative of the United States in the country or port whence they depart."

The United States Government does not maintain a diplomatic or consular representative in Providence, R. I.

I sug

The United States does maintain a consul at Vancouver. gested to Mr. Congressman Roberts that he secure for Sam Wing, from the Treasury Department or the State Department, a certificate that he (Wing) is a merchant. This certificate could then be viséd by the American consul at Vancouver and would substantially comply with the requirements of the order. The Congressman stated that application had been made to the Treasury Department, and the Department declined to issue such certificate in the absence of a statute authorizing it; that the Treasury had to deal only with the Chinese. entering and leaving the ports within the recognized boundaries of the United States; and as to them, the showing was made before a collector of customs, and consists simply in establishing the facts, no certificate. being issued. The difficulty seems to arise from the fact that the portion of the order quoted is a literal transcript of a similar provision in the Chinese-exclusion law of the United States, transcribed without provision for meeting the conditions arising from the peculiar relation existing between the Philippines and the United States. Under these circumstances the parties in interest deemed it advisable to apply directly to the Secretary of War for an exercise of his authority to permit this man to enter. This course is certainly direct and adequate. Attention is directed to the fact that a large proportion of the population of the Philippines speaks the Chinese language, and that a Chinaman who has resided in America since 1875 could, if he desired, disseminate much valuable information among the inhabitants of the islands. A merchant desirous of promoting an American enterprise would naturally desire the restoration of peace in the islands.

So long as Chinese merchants from all other countries are permitted to enter the islands there would seem to be no sufficient reason for excluding one from the United States.

Pursuant to the foregoing report, the Secretary of War issued the following:

Maj. Gen. ARTHUR MACARTHUR, U. S. V.,

Commanding Division of the Philippines.

SIR: You are requested to permit the bearer, Sam Wing, an English-speaking Chinese merchant, late of Providence, R. I., U. S. A., to enter the Philippines at the port of Manila, and thence proceed to Iloilo to engage in business as a merchant; provided the said Sam Wing, as a means of identification, shall present with this letter a certain affidavit subscribed and sworn to by him on July 6, 1900, before Edwin D. McGuinness, notary public, Providence, R. I., and attested by the seal of said notary; also photograph of said Wing, attached to said affidavit; also certificate of Walter N. Butler and Edward Wise, two citizens of Rhode Island, reciting their acquaintance with Sam Wing and the fact that he is a merchant and has been one for more than five years last past; which certificate is also verified by the signature and seal of said Edwin D. McGuinness, notary public.

ELIHU ROOT,
Secretary of War.

IN THE MATTER OF THE APPLICATION OF THE BOARD OF HARBOR WORKS OF PONCE, P. R., TO THE GOVERNMENT OF THE UNITED STATES, ASKING FOR THE ASSISTANCE OF THE GOVERNMENT OF THE UNITED STATES IN SECURING THE PAYMENT OF A CLAIM ASSERTED BY SAID BOARD OF HARBOR WORKS OF PONCE AGAINST THE GOVERNMENT OF SPAIN FOR THE SUM OF 27,503.06 PESOS.

[Submitted February 26, 1900. Case No. 1298, Division of Insular Affairs, War Department.]

SIR: I have the honor to acknowledge your request for a report in the matter of the application of the board of harbor works of Ponce, P. R., to the Government of the United States, asking for the assistance of the Government of the United States in securing the payment of a claim asserted by said board of harbor works of Ponce against the Government of Spain for the sum of 27,503.06 pesos.

In compliance with your request I have the honor to report as follows:

Under Spanish dominion in Porto Rico there existed in the city of Ponce what was known as "The board of harbor works of Ponce." Said board was created pursuant to the provisions of article 26 of the harbor law of the island of Porto Rico, which (translated) is as follows:

The Government may provide for the cost of works in harbors by means of special taxes levied in the locality, to be exclusively applied to said works, independently of the general State budget, and organize boards of harbor works charged with the administration and disbursement of funds and the execution of the works, under the supervision and vigilance of the minister of the colonies.

As a means of securing funds to carry on the harbor works the said board was authorized to reclaim lands from the sea and lease or sell said lands. The board also derived an income from the state, the provincial deputation, the municipality, and a local tonnage tax.

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