ART. III. The master of a ship shall immediately on her entrance to a port report to the civil administration office, its branch office, or police authorities concerned of the fact, setting forth the following details: 1. Kind of the ship. 2. Ship's name and signal code. 3. Owner's name. 4. Port of registry. 5. Gross and registered tonnage or number of koku. 6. Fore and aft draft. 7. Names of the crew. 8. Description, quantity, and value of the goods and the place where they were freighted. 9. Passenger's name, domicile, residence, status, calling, and age. 10. Ports of departure and call and dates thereof. 11. When to sail and destination. 12. Accidents during the voyage. ART. IV. Vessels entering the port of Tairen shall not communicate with other vessels or land their passengers, crew, or cargo before they have undergone health examination. ART. V. If a vessel entering a port has any case of contagious disease on board during the voyage, or departed from or arrived via a place infected with such disease, or has any person on board who communicated with any vessel so infected, she shall hoist a quarantine signal before her entrance to the port (in the case of the port of Tairen, anchoring beyond 14 nautical miles from shore) and await directions of the authorities concerned. The quarantine signal shall be a yellow flag hoisted at the fore of a vessel in the daytime and at night a red and a white light displayed together. ART. VI. If a case of any contagious disease occurs on board a ship in port, she shall hoist the quarantine signal and report the fact to the quarantine or police authorities, and until the completion of quarantine or disinfection she shall not be permitted to leave the port, to communicate with another vessel, or to land her passengers or cargo. ART. VII. If cases provided for in the two preceding articles occur at a port without a quarantine station, the vessel shall, when ordered by the police authorities, immediately proceed to a port having such station to be put under quarantine. ART. VIII. The provisions of the three preceding articles do not apply to military ships. ART. IX. Each vessel at anchor in a port shall fly her national flag in the daytime and at night shall display lights in accordance with the law for preventing collisions at sea. ART. X. The master of a ship shall, five hours before her departure, report to the civil administration office, its branch office, or police authorities concerned of the fact, setting forth the following details: 1. Day and hour of departure. 2. Kind of the vessel. 3. Ship's name. 4. Description, quantity, value, and place of delivery of the cargo. 5. Passenger's name, domicile, residence, status, calling, and age. 6. Ports of destination and call and expected dates of arrival and call. ART. XI. The chief of the civil administration office concerned may, when he deems it necessary, cause proper officers to inspect vessels or order the suspension of the embarkation and landing of their passengers and crews or the loading and discharging of their cargoes. ART. XII. Any person violating any of Articles IV, V, VI, and VII shall be liable to a fine not exceeding 100 yen. Any person violating Articles III, IX, or X, or refusing the inspection or disobeying the orders provided for in Article XI shall be liable to a fine not exceeding 50 yen. ART. XIII. Necessary rules not provided for in the present regulations shall be established by the chief of civil administration office. SUPPLEMENTARY RULES. In regard to the sailing of Russian vessels, rules hitherto obtaining shall remain in force for the time being. The present regulations shall take effect from the date of publication. EARTHQUAKE IN FORMOSA. The Secretary of State to the American Embassy at Tokyo. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, Washington, March 22, 1906. (Mr. Root directs the embassy to express in fitting terms sorrow and sympathy of the President and American people for the awful calamity in Formosa.) No. 423.] Chargé Wilson to the Secretary of State. AMERICAN LEGATION, Tokyo, April 1, 1906. SIR: In acknowledging the receipt of your telegram received the 22d ultimo, which is confirmed on the overleaf, and in which I am directed to express the condolences of the President and American people for the recent earthquake calamity in Formosa, I have the honor to report that on the day of its receipt I addressed a note conveying the sense of the instruction to the minister for foreign affairs. On the 30th ultimo I received the reply of the Marquis Saionji, wherein is returned through him the Emperor's cordial expression of thanks to the President. I have the honor to inclose herewith copies of this exchange of notes. I have, etc., HUNTINGTON WILSON. [Inclosure 1.] Chargé Wilson to the Minister for Foreign Affairs. AMERICAN LEGATION, MONSIEUR LE MINISTRE: I am directed by telegraph to convey through your excellency to His Majesty the Emperor, and at the same time to your excellency's Government, the profound sorrow and sympathy of the President and of the American people at the awful calamity by earthquake which has recently occurred in Formosa. In communicating these expressions to your excellency's Government and requesting you to transmit them to their high destination, I embrace, etc., HUNTINGTON WILSON. [Inclosure 2.-Translation.] The Minister for Foreign Affairs to Chargé Wilson. DEPARTMENT OF FOREIGN AFFAIRS, SIR: I beg to acknowledge the receipt of your note, No. 226, of the 22d instant, in which you were good enough, under telegraphic instructions, to convey to His Majesty the Emperor, as well as to our Government, the profound sorrow and sympathy of the President of the United States and of the American people at the calamity caused by the earthquake which recently occurred in Taiwan. I have to state in reply that upon my immediate submission of the message to its high destination, His Majesty has highly appreciated the courtesy and commanded me to return through you His Majesty's cordial expression of thanks to the President of the United States. Accept, sir, etc., MARQUIS SAIONJI. STATUS OF THE JAPANESE SECRETARY AND INTERPRETER TO THE AMERICAN EMBASSY. No. 37.] Ambassador Wright to the Secretary of State. AMERICAN EMBASSY, SIR: I have the honor to request instructions as to whether, under paragraph 33 of Instructions to Diplomatic Officers (R. S. 1750), the Japanese secretary of this embassy is authorized to perform notarial acts. It would be a great convenience if the instructions could be interpreted in that sense, such as applications for passports and similar services. For convenience of reference I inclose copies of the paragraph and section mentioned. I have, etc., LUKE E. WRIGHT. [Inclosure 1.] [Instructions to Diplomatic Officers, sec. 33.] Notarial services.-The existing statute authorizes secretaries of embassy or legation to administer oaths, take depositions, and generally to perform notarial acts. (R. S., sec. 1750.) This statute is not construed by the Department of State as mandatory on a secretary of embassy or legation. He is at liberty to act or refuse to act, but it is thought that he will feel it his duty to accommodate persons desiring his services in a notarial capacity. When so acting he is entirely outside of his official duties, and his compensation, if he receives any, will belong to him personally. [Inclosure 2.] [Revised Statutes of the United States, sec. 1750.] Every secretary of legation and consular officer is hereby authorized, whenever he is required or deems it necessary or proper so to do, at the post, port, place, or within the limits of his legation, consulate, or commercial agency, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public is required or authorized by law to do within the United States. Every such oath, affirmation, affidavit, deposition, and notarial act administered, sworn, affirmed, taken, had, or done by or before any such officer, when certified under his hand and seal of office, shall be as valid and of like force and effect within the United States, to all intents and purposes, as if administered, sworn, affirmed, taken, had, or done by or before any other person within the United States duly authorized and competent thereto. If any person shall willfully and corruptly commit perjury, or by any means procure any person to commit perjury in any such oath, affirmation, affidavit, or deposition, within the intent or meaning of any act of Congress now or hereafter made, such offender may be charged, proceeded against, tried, convicted, and dealt with in any district of the United States, in the same manner, in all respects as if such offense had been committed in the United States before any officer duly authorized therein to administer or take such oath, affirmation, affidavit, or deposition, and shall be subject to the same punishment and disability therefor as are or shall be prescribed by any such act for such offense; and any document purporting to have affixed, impressed, or subscribed thereto or thereon the seal and signature of the officer administering or taking the same in testimony thereof, shall be admitted in evidence without proof of any such seal or signature being genuine or of the official character of such person; and if any person shall forge any such seal or signature, or shall tender in evidence any such document with a false or counterfeit seal or signature thereto, knowing the same to be false or counterfeit, he shall be deemed and taken to be guilty of misdemeanor, and on conviction shall be imprisoned not exceeding three years nor less than one year, and fined in a sum not to exceed $3,000, and may be charged, proceeded against, tried, convicted, and dealt with therefor in the district where he may be arrested or in custody. No. 27.] The Acting Secretary of State to Ambassador Wright. DEPARTMENT OF STATE, Washington, August 31, 1906. SIR: I have to acknowledge the receipt of your dispatch No. 37 of the 2d instant, inquiring whether the Japanese secretary of your embassy is authorized to perform notarial acts under Revised Statutes, 1750. In reply, I have to inform you that the "Japanese secretary and interpreter to embassy to Japan," as he is officially designated, would not seem to be either a secretary of legation or a consular officer within the meaning of Revised Statutes, 1674, and is, therefore, apparently not empowered to act as a notary under Revised Statutes, 1750, which authorizes "every secretary of legation and consular officers" to perform any notarial act. I am, etc., ALVEY A. ADEE, No. 82.] SUBORDINATE CONSULAR OFFICERS IN JAPAN. Ambassador Wright to the Secretary of State. AMERICAN EMBASSY, Tokyo, October 23, 1906. SIR: I have the honor to report a change made by the Japanese Government in the manner of recognition of American subordinate consular officers, and to transmit inclosed herewith the correspondence on the subject which has passed between the Japanese foreign office and this embassy. As the department is doubtless aware, the practice of the Japanese Government hitherto has been to issue to our vice-consular officers, upon the receipt of notification of such appointments, a certificate of recognition in some sense resembling the exequatur of a consul. The foreign office has now decided that the possession of such a document by a subordinate consular officer is superfluous for his complete recognition in such capacity, and they now confine themselves, upon the receipt of notification of such an appointment, to the taking of due note of the appointment and the issuance of appropriate instructions to the local authorities concerned. When it may become necessary for such a subordinate officer to take charge of a consulate-general or of a consulate, he does so immediately, without further formality than to report his action to the diplomatic representative at Tokyo, who in turn informs the foreign office of the fact. As this change in form in no way affects the powers of the officers concerned, I have accepted it, subject to the department's approval, as essentially the equivalent of the former prevailing method. MONSIEUR LE MINISTRE: I have the honor to inform your excellency that Mr. Elwood G. Babbitt has been appointed vice and deputy consul-general of the United States at Yokohama, and that he has arrived at his post. I have the honor also to request that if convenient the Imperial Japanese Government now recognize Mr. Babbitt in his official capacity, in order to enable him to act pending the arrival of his certificate of appointment, which I shall then hasten to transmit for your excellency's inspection. I embrace this opportunity, etc., LUKE E. WRIGHT. [Inclosure 2.-Translation.] The Minister for Foreign Affairs to Ambassador Wright. MONSIEUR L'AMBASSADEUR: I have the honor to acknowledge the receipt of your excellency's note of the 6th instant, in reference to the appointment and recognition of Mr. Elwood J. Babbitt as vice and deputy consul-general of the United States at Yokohama. The Imperial Government understand that in view of the United States consular organization, neither as vice nor deputy consul-general can Mr. Babbitt discharge the functions of principal consular offcer so long as the consul-general in whose favor an exequatur has been granted remains at his post. And, on the other hand, no recognition, in the sense that term is understood when used respecting the appointment of independent consular officers, is necessary in order to enable Mr. Babbitt to perform such duties, in subordination to the responsible principal consular officer, as may be assigned to him. In these circumstances the Imperial Government content themselves with taking due note of the appointment, not doubting that this action will be regarded by your excellency's Government as quite sufficient. I avail myself, etc., [Inclosure 3.] VISCOUNT HAYASHI, Minister for Foreign Affairs. No. 34.] Ambassador Wright to the Minister for Foreign Affairs. AMERICAN EMBASSY, Tokyo, September 21, 1906. MONSIEUR LE MINISTRE: I have the honor to acknowledge the receipt of your excellency's note No. 64, of the 20th instant, in answer to mine of the |