DISCUSSION.

SESSION OF FEBRUARY 28 1890.

The PRESIDENT. The report of the Committee on Sanitary Regulations is before the Conference.

(At this stage the President withdrew from the hall and the chair was occupied by Señor F. C. C. Zegarra, First Vice-President.)

Mr. CRUZ (Guatemala). I beg that some one of the honorable members of the Committee on Sanitary Regulations will enlighten us in regard to the purpose of the resolution. It is therein recommended to the different nations constituting this Conference to adopt either the provisions of the International Sanitary Convention of Rio de Janeiro or those of the draft of the Sanitary Convention of the Congress of Lima. As I understand it, the recommendation that should be made to the several nations here represented, is to adopt either the one or the other; but it seems to me that that alternative might bring about an undesirable lack of unity, for the reason that some nations, following the terms of the recommendation, might adopt that of Rio de Janeiro, while other countries, observing in a like manner the recommendation, might accept the provisions of the draft of the Convention of Lima, whereby there would not result that accord which this Conference has in view. I am of the opinion that the Conference should rather decide in favor of the one or the other of the conventions; but I would thank some one of the honorable members who sign the report to state if such is the meaning to be given to their resolution, or if there is

any reason why this alternative should be sustained, seeing that no unity could result therefrom.

Mr. GUZMAN. I will answer the remarks of the honorable Delegate for Guatemala. When this subject was brought before the committee, this not being a sanitary congress, nor composed of experts in these matters, the members endeavored to study what had been written thereon by competent persons, in Europe as well as in America, and they found that the best thing in America, at least, was the Convention of Rio de Janeiro and the draft of the Convention of the Congress of Lima. If the honorable Delegates will be good enough to read both documents, they will find that they do not differ upon their main or cardinal points; in regard to these, we may say that they agree, although doubtless there are some discrepancies in matters of detail; but we may set down as a fact that both conventions would meet at one and the same time the requirements of commerce and what is due to the public health. Now, if compelled to choose one of the two, we would have been obliged, perhaps, to resort to the opinion of experts versed in the matter, for the committee did not consider itself sufficiently competent to decide whether the convention of Rio de Janeiro or the draft of the Congress of Lima was what it was called upon to recommend to the nations of America, for the reason that since they are both constructed by individuals eminently competent in such matters, the best course for us to pursue is to present them both, in order that the nations represented here, after consulting competent experts in each of the countries, may decide in favor of the one which to them seems best.

I acknowledge that the remarks of the honorable Delegate for Guatemala are very forcible, and that it would, perhaps, have been advisable to have pointed out or recommended either one of these conventions; but it strikes me that if, for instance, we had recommended the adoption of the Convention of Rio de Janeiro, excluding the one drafted at Lima, it might very likely occur that some one of the nations which participated in that Congress would hold that the International Conference should have given due weight to its transactions, since, in the opinion of many, the draft of the Lima Convention excels and, in some of its details, is still more perfected than that of the Sanitary Convention of Rio de Janeiro. It is on this account that the committee over which I have the honor to preside deemed it its duty to recommend both documents, without prejudice to the subject intrusted to its consideration, leaving to all the nations freedom to select between the two conventions the one which to them seems best. They can harmonize by means of a sanitary congress, which perhaps will have to be resorted to; for I do not think that a sanitary convention can be reached unless there should be a

congress to decide upon the subject.

Under these conditions, the committee said: Here are two documents; they are the best things that we have seen upon the subject, and we recommend their study to all the nations of America, to the end that they may decide which is the better. Such, I repeat, has been the intent of the committee, and it resolved, therefore, to recommend both conventions.

I think that I have answered, as best I could, the remarks of the honorable Delegate for Guatemala.

I

nevertheless acknowledge the force of his criticisms and agree with him that it would have been preferable to have presented but one of these documents; but we, the members of the committee, do not consider ourselves authorized to recommend or to decide in regard to two documents of such great importance.

Mr. ANDRADE (Venezuela). In order the more directly to meet the argument as to unanimity advanced by the honorable Delegate for Guatemala, I will state that this point was also discussed by the committee, became acquainted with the Convention of Rio de Janeiro, then accepted by three nations of South America and subsequently by some others, and the draft of the Convention of Lima signed by four of these Republics. Accordingly, it seemed to us that the plea for unanimity was not to be entertained; it was impossible to rely upon unanimity. Supposing, as it is proper to do, that the four Republics which signed the draft of Lima should prefer it to the Convention of Rio de Janeiro, and that such as have adopted the latter would not change their mind, it was our purpose to signify to those which had adopted the Convention of Rio de Janeiro that they had done right, as had also done those which subscribed to the draft of Lima. Both conventions are substantially the same. We have not found between them terial difference, and we have in consequence left the nations at liberty to accept, as to them seems best, the convention of their choice.

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Mr. ROMERO. Mr. President, before a vote is taken upon this report I should like to know, that I may vote intelligently, the meaning of the vote; whether it refers to the two sanitary conventions in the terms

proposed by the committee, or whether a negative vote would imply a preference for either of them.

In my judgment, the criticisms which have been made against the report as to the manner in which it is drawn, are well founded, because even if it were not possible that all the nations of South America should adopt but a single convention, much would be gained in behalf of uniformity, by recommending one of the two. If it were that of Rio de Janeiro it is probable that the nations which have signed that of Lima, would not accept the former; but, on the other hand, most of the American nations would probably accept that of Rio de Janeiro; if the adoption of the draft of Lima should be recommended, it is obvious that the nations which are bound by that of Rio de Janeiro would not accept the other; but a great advance would be made toward uniformity. But owing to the terms of the report, some will accept that of Lima and others that of Rio de Janeiro and the division will be still greater. For this reason I would desire that the vote, in case it should be negative, should be considered to mean that the nations which cast it accept the report, but with the understanding that only one of the two conventions be recommended, and that the affirmative vote shall mean that those countries accept the recommendation in the sense contained in the report; that is, to present both conventions to the end that one of the two, may be adopted.

Mr. ANDRADE. Before proceeding to vote, I think it is well for me to repeat that, in substance, the two conventions are identical; they only differ on one or two points of mere detail, so that the country which