ARTICLE V.

Samples having commercial value shall be provisionally admitted upon giving bond for the payment of lawful duties if they shall not have been withdrawn from the country within a period of six (6) months.

Duties shall be paid on such portion of the samples as shall not have been so withdrawn.

ARTICLE VI.

All customs formalities shall be simplified as much as possible with a view to avoid delay in the despatch of samples.

ARTICLE VII.

Peddlers and other salesmen who vend directly to the consumer, though they have not an established place of business in the country in which they operate, shall not be considered as commercial travelers, but shall be subject to the license fees levied on business of the kind which they carry on.

ARTICLE VIII.

No license shall be required of:

(a) Persons traveling only to study trade and its needs, even though they initiate commercial relations, provided they do not make sales of merchandise.

(b) Persons operating through local agencies which pay the license fee or other imposts to which their business is subject. (c) Travelers who are exclusively buyers.

ARTICLE IX.

Any concessions affecting any of the provisions of the present Convention that may hereafter be granted by either High Contracting Party, either by law or by treaty or convention, shall immediately be extended to the other party.

ARTICLE X.

This Convention shall be ratified; and the ratifications shall be exchanged at Washington within two years, or sooner if possible. The present Convention shall remain in force until the end of six months after either of the High Contracting Parties shall have given notice to the other of its intention to terminate the same, each of them reserving to itself the right of giving such notice to the other at any time. And it is hereby agreed between the parties that, on the expiration of six months after such notice shall have been received by either of them from the other party as above mentioned, this Convention shall altogether cease and terminate.

IN TESTIMONY WHEREOF the respective plenipotentiaries have signed these articles and have thereunder affixed their seals.

DONE in duplicate, in English and Spanish, at Washington, this twentieth day of October, one thousand nine hundred and nineteen.

[SEAL.] ROBERT LANSING. [SEAL.] M. GONDRA

(Treaty Series, No. 662.)

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION.

Whereas, a Convention between the United States of America and the Republic of Paraguay to foster the development of commerce between them and to increase the exchange of commodities by facilitating the work of traveling salesmen, was concluded and signed by their respective plenipotentiaries at Washington on the twentieth day of October, one thousand nine hundred and nineteen, the original of which Convention, being in the English and Spanish languages, is word for word as follows:

[The convention as above.]

And, Whereas, the time limited by the said Convention within which the exchange of ratifications thereof should take place, expired before the exchange of ratifications could be effected, and the ratifications of the said Convention were thereafter exchanged on March. 22, 1922, notwithstanding such limitation, but upon the condition that the said Convention should not be binding upon, or promulgated by either of the parties thereto, until the Senate of the United States should have duly sanctioned the exchange of ratifications aforesaid;

And, Whereas, the Senate of the United States by their Resolution of April 24, 1922, did advise and consent to the said exchange of ratifications and to the promulgation of the Convention, and did provide that the said ratifications shall be deemed and taken to have been regularly exchanged, the limitation contained in the said Convention to the contrary notwithstanding:

Now, Therefore, be it known that I, Warren G. Harding, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof.

In Testimony Whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington, this twenty-eighth day of April in the year of our Lord one thousand nine hundred and [SEAL.] twenty-two, and of the Independence of the United States of America the one hundred and forty-sixth. WARREN G. HARDING

By the President:

CHARLES E. HUGHES

Secretary of State.

PERU.

1914.

TREATY FOR THE ADVANCEMENT OF PEACE.

Signed at Lima July 14, 1914; ratification advised by the Senate August 20, 1914; ratified by the President December 1, 1914; ratified by Peru January 26, 1915; ratifications exchanged at Lima March 4, 1915; proclaimed March 6, 1915.

(Treaty Series, No. 613; 39 Statutes at Large, 1611.)

The United States of America and the Republic of Peru, with the earnest desire to strengthen their bonds of friendship and to contribute to the development of the spirit of universal peace, have resolved upon the celebration of a treaty containing the rules for the practice of these high proposals, and to that end have nominated. as their plenipotentiaries:

The President of the United States, Benton McMillin, Envoy Extraordinary and Minister Plenipotentiary of the United States in Peru: and

The President of Peru, Doctor J. Fernando Gazzani, Minister of Foreign Relations;

Who, after having examined their full powers, which were found in due form, have agreed upon the following articles:

ARTICLE I.

The High Contracting Parties agree that all disputes between them, of every nature whatsoever, to the settlement of which previous arbitration treaties or agreements do not apply in their terms or are not applied in fact, shall, when diplomatic methods of adjustment have failed, be referred for investigation and report to an International Commission, to be constituted in the manner prescribed in the next succeeding article; and they agree not to declare war or begin hostilities during such investigation and before the report is submitted.

ARTICLE II.

The International Commission shall be composed of five members, two named by each one of the respective Governments and one named

jointly by them. The designations made by each Government can only devolve one on a citizen of the State itself and the other on a citizen of a third country. The designation of the fifth member can not devolve upon a citizen of either of the two interested nations.

Each of the High Contracting Parties reserves to itself the right to withdraw its two Commissioners, or one of them, before the initiation of the investigations, and, within the same period, to withdraw its agreement to the joint designation of the fifth member. In these cases, they shall proceed to replace them according to the forms above laid down.

During the period of investigation the Commissioners shall receive such pecuniary compensation as shall be agreed upon by the High Contracting Parties.

The Commission, whose expenses shall be met in equal parts by the two Governments, shall be appointed a short time after the exhange of the ratifications of the Treaty; and to provide for possible vacancies on it, the same rules shall be applied as in the original designations.

ARTICLE III.

The questions which divide the High Contracting Parties should they be incapable of solution by diplomatic means, shall be submitted immediately to the International Commission for its investigation and report.

The International Commission may, however, by unanimous agreement, spontaneously offer its services to that effect, and in such cases it shall notify both Governments, and request their cooperation in the investigation.

The High Contracting Parties agree to furnish the International Commission all means and all facilities for the investigation and report.

The report shall be presented in the maximum period of one year, but the High Contracting Parties, by mutual accord, may shorten or extend this period. The report shall appear in three copies.

The Commission shall reserve one of the copies for its archives and deliver the other two to the Governments interested.

The High Contracting Parties reserve the right to act independently in the question dealt with in the investigations after the issue of the report.

ARTICLE IV.

The ratifications of this Treaty shall be made by the President of the United States of America by and with the advice and consent of the Senate; and by the President of Peru if the Legislative Power shall give its approval in conformity with the Constitution and the laws. The exchange of ratifications shall take place as soon as possible, and immediately afterward this Treaty shall take effect for a period of five years, at the end of which it will remain in effect until twelve months after the day on which one of the Parties advises the other of its intention of terminating it.

In witness whereof, we the respective plenipotentiaries have signed the present treaty, in duplicate, in the English and Spanish languages and have hereunto affixed our respective seals.

Done at Lima the fourteenth day of July, in the year of our Lord one thousand nine hundred and fourteen.

The Government of the United States of America and the Government of the Republic of Peru, not having been able to reach an agreement concerning the claim against Peru of the heirs and assigns of the American citizen, John Celestin Landreau, arising out of a decree of October 24, 1865, of the Government of Peru, providing for the payment of rewards to John Teophile Landreau, brother of John Celestin Landreau, for the discovery of guano deposits, and out of contracts between John Teophile Landreau and John Celestin Landreau entered into on or about April 6th, 1859, and October 29th, 1875, which claim is supported by the Government of the United States, have resolved to submit the question for decision to an International Arbitral Commission, and to that end have named their respective plenipotentiaries, that is to say, the President of the United States, William E. Gonzales, Ambassador of the United States at Lima, and the President of Peru, doctor Alberto Salomón, Minister of Foreign Relations, who, after having exchanged their full powers, found to be in due and proper form, have agreed upon the following articles:

ARTICLE I.

The questions to be determined by the Arbitral Commission are: First. Whether the release granted the Peruvian Government in 1892 by John Teophile Landreau eliminated any claim which John Celestin Landreau, the American citizen, may have had against the Peruvian Government, and if all claims were not thereby extinguished then, second: what sum if any is equitably due the heirs or assigns of John Celestin Landreau.

29479-S. Doc. 348, 67-4 -22