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12. INTERNATIONAL BUREAU.

XXXVII.

The International Bureau of Telegraphs shall be entrusted with the duties specified in Article 13 of the Convention, subject to the consent of the Government of the Swiss Federation and the approval of the Telegraph Union.

The additional expenses resulting from the work of the International Bureau so far as wireless telegraphy is concerned shall not exceed 40,000 francs a year, exclusive of the special expenses arising from the convening of the International Conference.

These expenses shall form the subject of a special account, and the provisions of the International Telegraph Regulations shall be applicable to them. Before the convening of the next Conference, however, each contracting Government shall notify the International Bureau of the class in which it desires to be entered.

XXXVIII.

The management of the wireless telegraph service of the different countries shall forward to the International Bureau a table in conformity with the annexed blank, containing the data enumerated in said table for stations such as referred to in Article IV of the regulations. Changes occurring and additional data shall be forwarded by the wireless telegraph managements to the International Bureau between the 1st and 10th day of each month. With the aid of such data the International Bureau shall draw up a list which it shall keep up to date. The list and the supplements thereto shall be printed and distributed to the wireless telegraph managements of the countries concerned; they may also be sold to the public at the cost price. The International Bureau shall see to it that the same call letters for several wireless telegraph stations shall not be adopted.

13. MISCELLANEOUS PROVISIONS.

XXXIX.

The managements of the wireless telegraph service shall give to agencies of maritime information such data regarding losses and casualties at sea or other information of general interest to navigation, as the coastal stations may properly report.

XL.

The exchange of correspondence between shipboard stations such as referred to in Article 1 of the Convention shall be carried on in such a manner as not to interfere with the service of the coastal stations, the latter, as a general rule, being accorded the right of priority for the public service.

XLI.

1. In the absence of special agreements between the parties concerned, the provisions of the present Regulations shall be applicable

analogously to the exchange of wireless telegrams between two vessels at sea, subject to the following exceptions:

(a) To Article XIV. The shipboard rate falling to the transmitting ship shall be collected from the sender, and that falling to the receiving ship shall be collected from the addressee;

(b) To Article XVIII. The order of transmission shall be regulated in each case by mutual agreement between the corresponding

stations.

(c) To Article XXXVI. The rates for the wireless telegrams in question shall not enter into the accounts provided for in that article, such charges falling to the wireless telegraph managements which have collected them.

2. Retransmission of wireless telegrams exchanged between vessels at sea shall be subject to special agreements between the parties concerned.

XLII.

The provisions of the International Telegraph Regulations shall be applicable analogously to wireless telegraph correspondence in so far as they are not contrary to the provisions of the present regulations. In conformity with Article 11 of the Convention of Berlin, these Regulations shall go into effect on the first day of July, 1908.

In witness whereof the respective plenipotentiaries have signed one copy of the present Regulations, which shall be deposited in the archives of the Imperial Government of Germany, and a copy of which shall be transmitted to each of the Parties.

Done at Berlin, November 3, 1906.

For Germany: Kraetke, Sydow. For United States: Charlemagne Tower, H. N. Manney, James Allen, John I. Waterbury. For Argentina: J. Olmi. For Austria: Barth, Fries. For Hungary: Pierre de Szalay, Dr. de Hennyey, Hollós. For Belgium: F. Delarge, E. Buels. For Brazil: Cesar de Campos. For Bulgaria: Iv. Stoyanovitch. For Chile: J. Muñoz, J. Mery. For Denmark: N. R. Meyer, I. A. Voehtz. For Spain: Ignacio Murcia, Ramón Estrada, Rafael Rávena, Isidro Calvo, Manuel Noriéga, Antonio Peláez-Campomanes. For France: J. Bordelongue, L. Gaschard, Boulanger, A. Devos. For Great Britain: H. Babington Smith, A. E. Bethell, R. L. Hippisley. For Greece: T. Argyropoulos. For Italy: J. Colombo. For Japan: Osuke Asano, Rokure Yashiro, Shunkichi Kimura, Ziro Tanaka, Saburo Hyakutake. For Mexico: José M. Pérez. For Monaco: J. Depelley. For Norway: Heftye, O. T. Eidem. For Netherlands: Kruyt, Perk, Hoven. For Persia: Hovhannès Khan. For Portugal: Paulo Benjamin Cabral. For Roumania: Gr. Cerkez. For Russia: A. Eichholz, A. Euler, Victor Bilibine, A. Remmert, W. Kédrine. For Sweden: Herman Rydin, A. Hamilton. For Turkey: Nazif Bey. For Uruguay: F. A. Costanzo.

Descriptive list of wireless telegraph stations.

[Supplement to Article XXXVIII of the Regulations.]

Wireless telegraph management of

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Extract from the International Telegraph Convention, signed at St. Petersburg, July 10/22, 1875.

[See Article 17 of the convention.]

ARTICLE 1.

The High Contracting Parties concede to all persons the right to correspond by means of the international telegranhe

ARTICLE 2.

They bind themselves to take all the necessary measures for the purpose of insuring the secrecy of the correspondence and its safe transmission.

67106°-FR 1912-30

ARTICLE 3.

They declare, nevertheless, that they accept no responsibility as regards the international telegraph service.

ARTICLE 5.

Telegrams are classed in three categories:

1. State telegrams: those emanating from the Head of the Nation, the Ministers, the Commanders-in-Chief of the Army and Naval forces, and the Diplomatic or Consular Agents of the Contracting Governments, as well as the answers to such telegrams.

2. Service telegrams: those which emanate from the Managements of the Telegraph Service of the Contracting States and which relate either to the international telegraph service or to subjects of public interest determined jointly by such Managements.

3. Private telegrams.

In the transmission, the State telegrams shall have precedence over other telegrams.

ARTICLE 6.

State telegrams and service telegrams may be issued in secret language, in any communications.

Private telegrams may be exchanged in secret language between two States which admit of this mode of correspondence.

The States which do not admit of private telegrams in secret language upon the expedition or arrival of the same, shall allow them to pass in transit, except in the case of suspension defined in article 8.

ARTICLE 7.

The High Contracting Parties reserve the right to stop the transmission of any private telegram which may appear dangerous to the safety of the State, or which may be contrary to the laws of the country, to public order or good morals.

ARTICLE 8.

Each Government also reserves the right to suspend the international telegraph service for an indefinite period, if deemed necessary by it, either generally, or only over certain lines and for certain classes of correspondence, of which such Government shall immediately notify all the other Contracting Governments.

ARTICLE 11.

Telegrams relating to the international telegraph service of the Contracting States shall be transmitted free of charge over the entire systems of such States.

ARTICLE 12.

The High Contracting Parties shall render accounts to one another of the charges collected by each of them.

ARTICLE 17.

The High Contracting Parties reserve respectively the right to enter among themselves into special arrangements of any kind with regard to points of the service which do not interest the States generally.

GREAT BRITAIN.

PANAMA CANAL TOLLS.

EXEMPTION OF VESSELS IN THE COASTWISE TRADE OF THE UNITED STATES FROM PAYMENT OF TOLLS, AND OTHER FEATURES OF THE PANAMA CANAL ACT OF AUGUST 24, 1912. OBJECTIONS THERETO OF THE BRITISH GOVERNMENT.

File No. 811f.812/296.

The President to Congress.

[Extract from the Message on the financial condition of the Treasury, needed banking and currency reforms, and departmental questions; communicated to Congress December 21, 1911; committed to the Committee of the Whole House on the state of the Union, December 21, 1911; printed as House Document No. 343, 62d Congress, 2d Session.]

THE PANAMA CANAL.

The very satisfactory progress made on the Panama Canal last year has continued, and there is every reason to believe that the canal will be completed as early as the 1st of July, 1913, unless something unforeseen occurs. This is about 18 months before the time promised by the engineers.

We are now near enough the completion of the canal to make it imperatively necessary that legislation should be enacted to fix the method by which the canal shall be maintained and controlled and the zone governed. The fact is that to-day there is no statutory law by authority of which the President is maintaining the government of the zone. Such authority was given in an amendment to the Spooner Act, which expired by the terms of its own limitation some years ago. Since that time the government has continued, under the advice of the Attorney General that in the absence of action by Congress there is necessarily an implied authority on the part of the Executive to maintain a government in a territory in which he has to see that the laws are executed. The fact that we have been able thus to get along during the important days of construction without legislation expressly formulating the government of the zone, or delegating the creation of it to the President, is not a reason for supposing that we may continue the same kind of a government after the construction is finished. The implied authority of the President to maintain a civil government in the zone may be derived from the mandatory direction given him in the original Spooner Act, by which he was commanded to build the canal; but certainly, now that the canal is about to be completed and to be put under a permanent management, there ought to be specific statutory authority for its regulation and control and for the government of the zone, which we hold for the chief and main purpose of operating the canal.

I fully concur with the Secretary of War that the problem is simply the management of a great public work, and not the government of a local republic; that every provision must be directed

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