Whereas the banks, which must redeem their notes in exchange for their available funds in specie, and find it difficult at present to realize their assets, must necessarily protect themselves against possible difficulties, it is reasonable that they should hold their fiduciary paper in reserve without engaging in new business, thus giving rise to the danger that to the scarcity of the notes now being used as a medium of exchange will be added the lack of the silver that may have been exported: Therefore, by virtue of the powers with which I am invested, and in the duty of looking after the general interests and welfare of the public, I hereby decree: Article 1. From this date the exportation of coined silver is prohibited. Article 2. The violation of the provision of the foregoing article shall be punished as contraband. Article 3. Let the present decree be reported to the National Assembly at its next session. Done at the Executive Palace, at Guatemala this 27th day of January, 1898. JOSÉ MARÍA REYNA BARRIOS. The secretary of state for the department of finance and public credit. [Inclosure 2.-Translation.] FRANCISCO C. CASTAÑEDA. GOVERNMENT PALACE, MINISTRY OF FINANCE AND PUBLIC CREDIT, Guatemala, October 17, 1898. Whereas, that by decree No. 553 the exportation of coined silver was prohibited, but that said law made no mention of silver in bars and ore; That according to reports made, with the view of evading said law, foundries for melting silver have been established to export it in bars and ore; Therefore the constitutional President of the Republic decrees: That under the same penalties which are established in decree No. 553 against those who may try to export coined silver, the exportation of silver in bars or ore is hereby prohibited. Let it be notified. ESTRADA C. The secretary of state for the department of finance and public credit. RAFAEL SALAZAR. [Inclosure 3.-Translation.] SECTION 69, PAGE 20, OF THE PENAL CODE OF THE REPUBLIC OF GUATEMALA, YEAR 1889. SEC. 69. To perpetrators of a frustrated crime and to accomplices of a consummated one two-thirds shall be inflicted of the penalty assigned to perpetrators of a consummated crime. [Inclosure 4.-Translation.] LAWS OF GUATEMALA, VOLUME 12-DECREE 497 OF FEBRUARY 27, 1894-CUSTOM-HOUSE PROCEDURE-SECTION 243, PAGE 819. SEC. 443. Besides the common penalty of confiscation the persons guilty of contraband or defraudation shall be subject to the following penalties: When the value of the effects seized or of those that by the procedure may seem to have been the cause of the crime is over $10 and does not exceed $20, the penalty shall be two months' imprisonment. In similar cases, if the value is over $20 and does not reach $500, with four months' imprisonment; from $500 to $2,000 the penalty shall be one year's imprisonment; from $2,000 to $6,000, with two year's imprisonment; and exceeding this last sum, with three years' imprisonment. No. 333.] Mr. Hay to Mr. Hunter. DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your dispatch No. 519, of the 16th ultimo, containing a report of your investigation of the claim of Siegfried Koenigsberger against Guatemala for certain moneys belonging to him and his brother confiscated by the Guatemalan customs authorities, and for the annoyance and loss attendant upon the action complained of. You express the opinion that Koenigsberger has no ground of complaint, that he is not entiled to recover the silver confiscated, and that he may consider himself fortunate in having escaped penal proceedings to which he was liable. The Department concurs in your conclusion. Accordingly a letter has been addressed to Mr. Koenigsberger this day, informing him that after a thorough investigation of the case by both the diplomatic and consular representatives of this Government in Guatemala the Department is of the opinion that the confiscation of the silver, and his arrest by the Guatemalan authorities were in accordance with the Guatemalan law, and that he has no just ground for complaint. I am, etc., JOHN HAY. CONDOLENCES ON ASSASSINATION OF PRESIDENT M’KINLEY. The President of Gautemala to the President of the United States. [Telegram.] GUATEMALA, September 14, 1901. The Government and people of Guatemala profoundly deplore the death of the illustrious President McKinley, and cordially and sincerely share the universal mourning of your great Republic with which this country cultivates the closest relations, for which reason Guatemala and its Government grieve and make their own the sorrow which the noble American people suffer. MANUEL ESTRADA C. Mr. Hay to Mr. Hunter. [Telegram.] DEPARTMENT OF STATE, Washington, September 17, 1901. In name of Mrs. McKinley, President Roosevelt, and American Government and people, please express through proper channel to President Estrada sincere estimation of his messages of personal sympathy and of the fraternal sentiment of Guatemala in this hour of affliction. HAY. Mr. Bailey to Mr. Hay. [Telegram.] LEGATION OF THE UNITED STATES, The Government of Honduras sends expressions of sympathy. BAILEY. Mr. Adee to Mr. Bailey. DEPARTMENT OF STATE, SIR: I confirm your telegram of the 18th ultimo. You will express to the Government of Honduras the grateful appreciation of the Government and people of the United States for its message of sympathy at the death of President McKinley, explaining at the same time that pressure of public business incident to that sad event has prevented an earlier acknowledgment. I am, etc., a Frinted ante. ALVEY A. ADEE, HAITI. CLAIM OF JOHN D. METZGER & CO. VS. HAITI. Protocol of an agreement between the Secretary of State of the United States of America and the Envoy Extraordinary and Minister Plenipotentiary of the Republic of Haiti, signed at Washington, October 18, 1899. Protocol of an agreement between the United States and Haiti, for the arbitration of the question of the liability and amount of damages to be awarded John D. Metzger and Company, signed at Washington, October 18, 1899. Protocol of an agreement between the Secretary of State of the United States and the Envoy Extraordinary and Minister Plenipotentiary of the Republic of Haiti, for submission to an arbitration of the question of liability and amount of damages to be awarded in favor of John D. Metzger and Company, American citizens, against the Republic of Haiti, signed at Washington. The United States of America and the Republic of Haiti, through their representatives, John Hay, Secretary of State of the United States of America, and J. N. Léger, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Haiti, have agreed upon and signed the following protocol: Whereas, the said John D. Metzger and Company, citizens of the United States of America, have claimed, through the Government of the United States, from the Government of Haiti, indemnity on account of the seizure and sale of their goods at Port-au-Prince for the non-payment of certain license taxes; and on account of the alleged failure to furnish them an adequate supply of water for the operation of their mill at Port-au-Prince; and on account of the alleged liability of Haiti on account of a quantity of lumber alleged to have been sold by them for a Relief Committee on the occasion of devastation by fire at Jacmel, it is agreed between the two Governments: I. That the question of the liability of the Republic of Haiti to pay an indemnity in each of said cases, and, if so found by the arbitrator, the further question of the amount of the said indemnity to be awarded, shall be referred to the Honorable William R. Day, sometime Secretary of State of the United States, and now Judge of the Circuit Court thereof, who is hereby appointed as arbitrator to hear said causes, and to determine the questions of said liability and the amount of said indemnity, if any is found by said arbitrator to be justly due. II. The Government of the United States will lay before the arbitrator the claimants' evidence and all correspondence, either between the Haitien Government and the United States Minister at Port-au-Prince, or between the Department of State and the Haitien Minister at Washington, and the despatches with their enclosures from the said Minister, reporting documentary or other evidence to the Department of State in relation to said claims. Reciprocally, the Haitien Government shall have the same rights of presentation of evidence in its own behalf as are above stipulated for the Government of the United States. Each Government will furnish to the other a duplicate of the evidence and correspondence at the same time they are by them respectively laid before the arbitrator. If, in the opinion of the arbitrator, it shall be deemed desirable, in the interests of justice, to take further evidence, he shall communicate to both parties his opinion, and shall indicate the questions of fact on which the same shall be taken. Likewise, either Government, on notice to the other, may apply to him for that purpose. Each Government shall, in case the arbitrator orders the taking, name an agent to take such evidence, in its own behalf, who shall each have the right to be present at the taking thereof, and to cross-examine the witnesses and take copies of documentary evidence offered by the other. All questions of procedure shall be left to the determination of the arbitrator. Each Government agrees to abide by such determination, and in default thereof, the said arbitrator may proceed in such manner and at such times as he may determine, in order to close the proofs and make final award. III. The Government of Haiti agrees to pay any amount or amounts which may be awarded by the arbitrator, if he finds that it is liable therefore. IV. The evidence is to be submitted to the arbitrator and finally closed on or before the 1st day of March, 1900, and his decision is to be rendered within four months thereafter. V. Each Government shall furnish to the arbitrator an argument or brief not later than the 1st day of April, 1900, a copy of which each party shall furnish to the other at the same time as to the arbitrator, and the claimant and the Commune of Port-au-Prince may also file briefs in the cause on the same terms; but the arbitrator need not for such purpose delay his decision. VI. The Government of Haiti shall pay the indemnity awarded by the arbitrator, if any, as soon as the Legislative Assembly of Haiti shall authorize the payment; but the time thus allowed shall in no case |