the Continental Petroleum Company proceeded to tender its oils under date of December 16. I beg to refer to the occasion of my personal visit to your excellency on January 4 last when the subject of this matter of the discrimination against American oils was discussed at length. Your excellency was then so good as to say that you would confer personally with your colleague of the Railway Administration in this matter. I have the honor accordingly to ask your excellency to examine this further exposition of the subject, especially with regard to the consideration which was given on the occasion of the application of the minimum tariff to Belgium, as may be found in the correspondence referred to in this note, and I beg to add that my instructions are to express the earnest desire of my Government to obtain for American oils in this instance a just and fair consideration, and I would be gratified if your excellency would be so good as to advise me with regard to any definite conclusions on the subject to which the Government of the King may have come, in order that I may transmit the same to the Department of State for the information of my Govern SIR: I have the honor to refer to my despatch of March 8 last No. 29, and to inclose further correspondence on the subject of the discrimination against American oils which appears in the specifications for lubricating oils on the Belgian State Railways. In a note from the Foreign Minister, of March 19, it is stated that notwithstanding the previous lack of success of American oils in experiments a new series of tests were undertaken on the basis of offering all guarantees of impartiality. It was deduced from these trials that Russian oils gave better results than American oils, as well as proving cheaper, but that nevertheless the Minister of Railways felt that these experiments for certain reasons might not have been made under entirely normal conditions, and so his excellency has ordered new competitive trials to be undertaken as soon as possible in order to come to a decisive opinion on this subject. In a correspondence with the Continental Petroleum Company which followed, and copies of which are inclosed, it was pointed out that an error in calculation might have suggested this conclusion of the cheaper character of the Russian oils, while really the figures as given in the Foreign Office note showed that the American oils were cheaper, certainly in this instance. Also subsequent study and discussion of the matter brought to light the fact that the mixture of tallow with the oils, as described in the Foreign Office note, would suggest that the test, mentioned as disadvantageous to the American oils, was in the lubrication of engine-cylinders only, as such a mixture is made use of as a rule for engine cylinders only while the more general lubrication of rolling stock requires a mixture of crude oil and rapeseed oil. Accordingly in a note to the Minister for Foreign Affairs of today's date, of which a copy is inclosed, this possible error in calculation as to the comparative cost of American and Russian oils was pointed out and inquiry was made as to the character of the experi ments mentioned as disadvantageous to American oils, for if these experiments were only applied in the lubrication of the enginecylinders and not to the general use of railway needs, they would be certainly insufficient and unsatisfactory in extent. It was also pointed out that in the great production of oil in America all sorts were to be found, and that the lack of quality in one, or in several, should not be a bar to the trial of others, and that the Department desired only an opportunity for fair tests of American oils, to be used only found satisfactory, which would result in mutual advantage to the Belgian Government and to American competing concerns. I expressed gratification at the decision of the Baron de Broqueville, Minister of Railways, to give another test and stated I should notify the Department of this decision, in which a hope might be found for a final and favorable conclusion of this long standing question and a settlement to mutual advantage. I have [etc.], LARZ ANDERSON. [Inclosure 1.-Translation.-Extract.] The Minister for Foreign Affairs to the American Minister. Direction B. No. 824.] MINISTRY FOR FOREIGN AFFAIRS, Brussels, March 19, 1912. Mr. MINISTER: I did not fail to advise the Minister of Railways, Posts and Telegraphs of the contents of the communication which the Legation addressed me on October 19 last1 and of those succeeding, regarding the use of American oils for lubricating the rolling stock of the Belgian State Railways. Mr. de Broqueville advises me that the Administration of Railways, notwithstanding the lack of success of the previous experiments, undertook a new series of tests on a basis offering all possible guaranties of impartiality. To sum up, it appears that it can be deduced from the trials made that the Russian oil gives better results than American oil, as well as being cheaper, on account of the smaller proportion of tallow used in the mixture. Nevertheless Mr. de Broqueville considers that these experiments were not made under sufficiently normal conditions as regards the quantities of tallow added to the oils tested, which considerable exceeded for both kinds of oil the proportions prescribed by instructions and sanctioned by practice. Therefore my colleague has ordered that new comparative trials be undertaken as soon as possible, with the precautions mentioned above, in order to permit the forming of a well founded and decisive opinion on this question. * I renew [etc.] * [Inclosure 2.-Extract.] J. DAVIGNON. No. 31.] The American Minister to the Minister for Foreign Affairs. AMERICAN LEGATION, Mr. MINISTER: I have the honor to acknowledge the receipt of your excellency's note of the 19th of March, in reply to this Legation's note of October 19 and subsequent correspondence, on the subject [etc.]. Your excellency refers to comparative trials that have proved in the past disadvantageous to American oils and is so good as to give certain figures with regard to a late test from which a deduction is made that the Russian oils give not only better results but proved cheaper than the American oils which were used in the experiments in question. While these figures may 1 Not printed. possibly suggest this conclusion, yet I beg your excellency to be so good as to consider the following calculations which show, on the contrary, that notwithstanding the excess in the percentage of tallow the eventual cost of the American oils would be about ten per cent less than the cost of the Russian oils. * My Government seeks only a fair and just opportunity for the trial of American oils, now so categorically denied in the specifications, and for their use only if found satisfactory. This would be of advantage certainly to the Belgian Railway Administration as well as to any competing American oil concerns. I am gratified that the Minister of Railways, because of his conviction that the experiments just terminated departed somewhat from normal conditions of service, will institute a fresh set of tests, and I shall at once inform the Department of State of this intention. I beg further to ask your excellency, and your colleague of the Railways, to be so good as to consider that the removal of the restriction contained in the specifications for so many years past really need not depend at all on the success or failure of American oils, either in any one or in any series of tests, but the right for American oils to be fairly tested, and used only if found of advantage, is desired. The Department of State considers that the correspondence already referred to in previous notes on the subject, which took place between the Department of State and the Belgian Legation at Washington at the time when the President determined to apply the minimum tariff to Belgium, gave assurances that this matter would be earnestly considered, and will no doubt see, in the delay due to the further tests to be undertaken by direction of Baron de Broqueville, a hope that a final and favorable decision may soon be reached concerning the removal of this discrimination, which so completely prohibits even the trial of American oils, and that this long-standing question may be settled happily and to mutual advantage. I avail [etc.] LARZ ANDERSON. File No. 355.115 C76/16. No. 44.] The American Minister to the Secretary of State. [Extract.] AMERICAN LEGATION, SIR: Referring to the correspondence which has taken place during the past five years on the subject of the discrimination against American oils which has appeared in the specifications of the Belgian State Railways, I am happy to advise the Department that at last steps toward a more satisfactory condition have been taken by the Belgian Government. While I have received no direct communication from the Foreign Office as yet, I have the honor to inclose a copy of the Cahier des Charges Special No. 7211 containing the latest specifications for oils to be used by the service of traction and material of the Belgian State Railways, with appropriate passages marked, which show that the restriction against American oils has been removed. * * * I have [etc.] File No. 355.115 C76/17. No. 48.] LARZ ANDERSON. AMERICAN LEGATION, SIR: I have the honor to refer to my dispatch No. 44 of April 26 last, and to inclose a translation of a communication which I have 1 Not printed. received from the Baron de Broqueville, the Minister of Railways, Posts and Telegraphs, regarding the removal of the discrimination against American oils which has appeared in the past in the specifications of the Belgian State Railways. This note refers to the change to be found in the Cahier des Charges which was inclosed in my dispatch referred to above and which had appeared sometime previously. In my reply to the Baron de Broqueville I expressed gratification at the removal of the discrimination in this instance, but added that the changes in the specifications had been published so short a time before the adjudication that it had seemed quite impossible for any American firms to compete on that occasion, and I added the hope that the admission of American oils would be continued in the future in order that fair trials might be made with advantage to both countries. I have [etc.] [Inclosure. Translation.] LARZ ANDERSON. MINISTRY OF RAILWAYS, POSTS & TELEGRAPHS, Following the interview which I have had the honor to hold with his excellency, I have the satisfaction of advising him that the producers of American oils were permitted to take part in the public competition which took place on the 8th instant for the furnishing of a quantity of 2,400,000 kilograms of mineral lubricating oils. Accept [etc.] File No. 355.115 C76/18. No. 55.] BROQUEVILLE. AMERICAN LEGATION, SIR: I have the honor to refer to my despatch No. 44 of April 26 last, and to previous correspondence on the subject of discrimination against American oils which appeared in the specifications of the Belgian State Railway Administration, and to say that the Legation, noting that a similar discrimination had at the same time appeared in the Cahier des Charges of the Administration of Marine (which is a Bureau of the Ministry of Railways, Posts and Telegraphs in this country, which has no navy) continued to press the matter of free admission of American oils into Belgian State competitions. I am happy now to report that the Minister of Foreign Affairs advises me that in the future the specfications relative to the adjudication of oils for the Administration of Marine will not contain conditions excluding American oils. I have [etc.] LARZ ANDERSON. File No. 355.115 C76/19. No. 59.] AMERICAN LEGATION, SIR-Referring to previous correspondence which has taken place during the past five years on the subject of discriminations against American oils appearing in the specifications of Belgian Government departments, I have the honor to report that the Legation has con tinued its crusade against this injustice, and in addition to its removal from the specifications in the case of the Ministry of Railways and of the Bureau of Marine I am happy now to add that I have today received a note from the Foreign Office, a translation of which I beg to enclose, stating that the distinction between lubricating oils of American and other origins has been removed in the specifications for industrial oils for use in the service of the Minister of Colonies, which appears to be the last instance in which this discrimination can be found. I have [etc.] LARZ ANDERSON. The Acting Secretary of State to the American Minister. No. 32.] DEPARTMENT OF STATE, Washington, August 15, 1912. SIR: The Department has received your despatch No. 59 of July 26, 1912, and appreciates the success with which you have concluded the series of long-standing discriminations against American lubricating oil in Belgium. You are directed to express the thanks of this Government to the Belgian Government for removing these only remaining instances of commercial discrimination against the United States. |