as models or patterns for the purpose of obtaining orders and not for sale, the undersigned Philander C. Knox, Secretary of State of the United States, duly authorized thereto, and in virtue of a similar declaration made by Alfred Mitchell Innes, His Britannic Majesty's chargé d'affaires at Washington, does hereby declare that, from and after January 1, 1911, and until the expiration of one month after the day on which either the United States or the United Kingdom shall give notice of the withdrawal of said declaration, the officially attested list of such samples containing a full description thereof, issued at the time of exportation by the American consular authorities established in the United Kingdom, shall be accepted by the customs officials of the United States as establishing their character as samples and exempting them from inspection on importation except in so far as may be necessary in order to comply with the law of the United States. P. C. KNOX, Secretary of State of the United States. WASHINGTON, December 8, 1910. TAKING OF TESTIMONY BY CONSULAR OFFICERS. File No. 24203. No. 54.] Ambassador Bryce to the Secretary of State. BRITISH EMBASSY, Washington, March 26, 1910. SIR: His Majesty's Government are anxious to obtain information regarding the examination of witnesses under oath by consular officers in the United States. It is the practice of the English courts to issue from time to time commissions by which the person or persons named in the writ of commission are empowered to examine witnesses on oath, affirmation, or otherwise, in order to obtain evidence abroad for the purposes of civil proceedings pending before the courts of this country. On some occasions British consular officers are intrusted with this duty if they are personally willing to undertake it. They are not, however, under any obligations to do so, nor does it form any part of their official consular attributes. Furthermore, all such evidence is tendered voluntarily and witnesses can not be compelled to give it should they be unwilling to do so. His Majesty's Government presume there can at least be no objection to this practice in cases in which the persons whose testimony is required are British subjects, but they nevertheless wish to obtain an official pronouncement on the subject. I have accordingly the honor to request that you will be so good as to furnish me, if possible, with replies to the following specific questions: 1. Is there any objection to evidence being taken in this manner from United States citizens if they are willing to give it? 2. The same question as to subjects or citizens of other States when within the limits of the United States. 3. The same question as to British subjects similarly placed. Thanking you in anticipation, I have, etc., JAMES BRYCE. File No. 24203. No. 897.] The Secretary of State to the British Ambassador. DEPARTMENT OF STATE, EXCELLENCY: The department has received your note of March 26, 1910, in which you inquire whether there is any objection to British consular officers taking evidence in the United States (1) of American citizens; (2) of subjects or citizens of other States when within the limits of the United States; and (3) of British subjects within the limits of the United States. It is understood by this department that an American consular officer in British dominions may take evidence of American citizens within his consular district either in his ordinary consular capacity or by virtue of a commission issued to him by an American court. If this understanding is correct, this Government is entirely agreeable, subject to any special legislation of the States, to the exercise of similar functions by British consular officers in the United States in respect to taking testimony of British subjects, provided, of course, that the testimony be given voluntarily. This Government, subject to special state legislation and the other conditions already mentioned, is equally ready to accord to British consular officers in the United States the privilege of taking testimony of American citizens and of subjects or citizens of other nations residing within the territory of the United States, upon assurance that American consular officers are authorized to take testimony of British subjects and foreign subjects or citizens residing in British dominions. I have, etc., P. C. KNOX. File No. 24203/1. No. 115.] The British Ambassador to the Secretary of State. BRITISH EMBASSY, Dublin, N. H., June 27, 1910. SIR: In your note No. 897 of the 19th ultimo you were good enough to inform me for the information of my Government of the attitude of the United States Government with request to the examination of witnesses by consular officers in the United States. This information I communicated to my Government. I am now in receipt of a further communication from His Majesty's principal secretary of state for foreign affairs asking me to explain to you that the taking of evidence under commission is not confined to His Majesty's consul officers, but includes any person in whose favor such commission may be issued, and to inform you that His Majesty's Government would be glad to learn whether the reply of the United States Government may be deemed to imply assent in these cases also. I am further instructed to add that His Majesty's Government would offer no opposition to the examination of witnesses in this country by any person duly authorized by the United States courts. I have, etc., JAMES BRYCE. 67942° -FR 1910- -38 24203/1. The Acting Secretary of State to the British Ambassador. No. 936.] DEPARTMENT OF STATE, Washington, July 15, 1910. EXCELLENCY: The department has received your note of the 27th ultimo, in which you refer to the department's note of May 19 last, relative to the examination of witnesses by consular officers in the United States, and state that you are in receipt of a further communication from the British Foreign Office instructing you to explain that, the taking of evidence under commission is not confined to His Majesty's consular officers, but includes any person in whose favor such commission may be issued, and that you are instructed to inform this Government that His Majesty's Government would be glad to learn whether the reply of the United States Government may be deemed to imply assent in those cases also; and that you are further instructed to add that His Majesty's Government would offer no objection to the examination of witnesses in this country by any person duly authorized by the United States courts. In reply I have the honor to say that this Government, subject to the reservation indicated in the department's note of May 19th last, is agreeable to the taking of testimony in the United States by persons other than British consular officers, duly authorized by British Courts. I have, etc., HUNTINGTON WILSON. COMPULSORY IMMIGRATION-CASE OF ALFRED LUMB. File No. 23814/2. The Acting Secretary of State to Ambassador Reid. [Telegram-Paraphrase.] DEPARTMENT OF STATE, Mr. Wilson instructs Mr. Reid to consult Consul General Griffiths regarding reported deportation of Alfred Lumb, a British subject convicted in England of counterfeiting, to the United States; to make careful investigation, and, if facts are found to be as reported by Mr. Griffiths, and, if order of deportation to the United States has been issued to bring the matter to the attention of the British Foreign Office, calling attention to Section 2 of Immigration Act of February 20, 1907, 34 Statutes at Large, 898. Mr. Reid is informed that the attitude of this Government regarding compulsory or assisted emigration is set forth in 4 Moore's Int. S. Dig. sections 560 and 565, and he is directed to inform the British Government of this attitude, and to say that the Government of the United States feels confident that when the action of the local officers at Leeds has been called to the attention of the British Government steps will be taken to prevent the consummation of the order of deportation. File No. 23814/11. No. 1216.] Ambassador Reid to the Secretary of State. AMERICAN EMBASSY, SIR: On receipt of your cable instruction of the 13th instant I immediately took steps to investigate whether the commissioner of assize at Leeds had taken the course reported to you through the American consul general in London. The first information which I received from the consul at Leeds, which was confirmed by the press reports, led me to believe that the commissioner of assize had merely withheld sentence on the ground that Alfred Lumb should leave the country within a certain period and that the court itself had made no reference to the prisoner's going to the United States. On receipt, however, of a copy of the transcript of the court records it became evident that the commissioner, in addressing the prisoner, said, "Are you ready, if I let you go, to be bound over to go to America?" to which the prisoner replied, "Yes," and thereupon the commissioner stated that he was prepared to release prisoner on his recognizance and his brother's for the sum of £50 each. I have accordingly to-day addressed a note to the foreign office in which, after bringing the facts to the attention of Sir Edward Grey, I request him to take such steps as may be necessary to prevent the consummation of the order. I have, etc., [Inclosure.] WHITELAW REID. Ambassador Reid to the Minister for Foreign Affairs. AMERICAN EMBASSY, SIR: My attention has been called to reports published in the Yorkshire Evening Post of the 8th and 9th instant to the effect than one Alfred Lumb, a British subject, has been indicted for uttering counterfeit coin and for silvering with a certain liquid pennies and a halfpenny so that they would resemble current silver coins, to which indictment the prisoner pleaded guilty. It appears that having asked prisoner whether in the event of his discharge being granted he would be ready to be bound over to leave the country and to go to America, and the prisoner having answered in the affirmative, the commissioner announced that prisoner would be released upon entering into a recognizance of £50 to leave the country within one month, the prisoner's brother entering into a like recognizance that the prisoner would go within the stated period. If the reports that have appeared in the Yorkshire Evening Post are not incorrect, it would appear that the commissioner of assize was unaware of the provisions of the United States immigration act of 1875, section 3, providing that "it shall be unlawful for aliens of the following classes, namely * whose sentence has been remitted * * on condition of their emigration"--this provision being intended to put a stop to a practice in certain countries, whereby, on sending such persons to the United States, the authorities were able to avoid the trouble and expense of taking care of their own criminals. The immigration act of February 22, 1907, provides that persons inter alios who have been convicted of or admit having committed a felony shall be excluded from admission to the United States. Lumb would therefore, if his identity were discovered, not only be denied admission but would, on his arrival, be deported. In bringing the matter to your attention, I wish to point out, in order to avoid similar cases in the future, what will, I think, have occurred to you, that the commissioner of assize, in postponing a sentence upon the express condition that the prisoner should go to America, was unwittingly violating international comity, in requiring by his sentence that the prisoner before him should attempt to violate the laws of the United States. My Government feels confident that if the facts of the case prove to be as stated you will take such steps as may be necessary to prevent the consummation of the commissioner's order. I have, etc., WHITELAW REID. File No. 23814/11. No. 1261.] The Secretary of State to Ambassador Reid. DEPARTMENT OF STATE, Washington, March 30, 1910. SIR: The department has received your No. 1216 of the 18th instant, in regard to the anticipated emigration to the United States of the British subject Alfred Lumb, a confessed counterfeiter. The department approves your note to the foreign office on the subject. I am, etc., (For Mr. Knox.) HUNTINGTON WILSON. No. 1322.] The British Ambassador to the Secretary of State. AMERICAN EMBASSY, SIR: With reference to my dispatch 1216 of the 18th of March last, transmitting a copy of my note to the foreign office dated the 16th of that month respecting the case of Alfred Lumb, a British subject, who was convicted of uttering counterfeit coin and was released upon condition of leaving the United Kingdom and proceeding to the United States, I have the honor to inclose herewith copy of the foreign office reply dated June 17, in which it is stated that the commissioner of assize who heard the case acted in the matter in ignorance of the United States law bearing upon this subject. The secretary of state for the home department has addressed a circular to all the judges of the high court, recorders of boroughs, and chairmen of quarter sessions calling their attention to the provisions of United States law bearing upon the immigration of convicted offenders. I have, etc., [Inclosure.] WHITELAW REID. The Minister for Foreign Affairs to Ambassador Reid. FOREIGN OFFICE, London, June 17, 1910. YOUR EXCELLENCY: I did not fail to refer to the proper department of His Majesty's Government the note which your excellency addressed to me on the 16th of March last, respecting the case of Alfred Lumb, a British subject, who was recently convicted of uttering counterfeit coin and was released on condition of leaving the United King |