Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 5, 1898

Mr. Tower to Mr. Sherman.

United States Legation,
Vienna, April 27, 1898.

No. 58.]

Sir: As a supplemental report to my dispatch No. 41, dated the 8th of February, 1898, in which 1 called the attention of the Department to the fact that the Government of Austria-Hungary was likely to adopt restrictive measures as to the importation of American fruit similar to those now in effect in Germany, in order to prevent the introduction of the San Jose scale, I have the honor to inform you that, on the 20th of April, 1898, a decree was issued simultaneously at Vienna and at Budapest, a copy of which is herewith respectfully submitted, by which the importation of American fruit into Austria and Hungary is regulated. This decree is prohibitive only in so far as it relates to the importation of living plants, grafts, and layers, as also of the packing and coverings in which the same may be shipped.

As to the importation of fresh fruit, fresh fruit sections, and fruit parings, as well as the packings and coverings in which the same may be shipped, the decree provides that an examination shall be held at the custom-house upon the Austro-Hungarian frontier, where these articles are sought to be imported, and they shall be excluded if the presence of the San Jose scale be proved, either in the fruit itself or in the packings which surround it.

The importation of fruit is restricted to the custom-houses at Bodenbach, Fetschen, Trieste, and Fiume.

The application of this decree is rendered lenient by a provision contained in paragraph 4, by which the minister of agriculture is empowered to make exceptions, even in particular cases relating to the importation of living plants, grafts, and layers, when such exception may be justifiable in view of the precautions deemed necessary by the Government.

This decree went into effect on the 20th of April, 1898.

I telegraphed you to-day, in order to caution American shippers of fruit to Austria-Hungary, as follows:

Sherman, Secretary, Washington:

Decrees issued in Austria and Hungary requiring examination American fruit at frontier and prohibiting importation if San Jose scale be discovered. Living plants unconditionally excluded.

I have, etc.,

Charlemagne Tower.

[Inclosure in No. 58.—Translation.]

Decree of the ministries of agriculture, of the interior, of finance, and of commerce, dated the 20th of April, 1898, restricting the importation from America of living plants and fresh fruit infected with the San Jose scale (Aspidiotus perniciosus).

In order to prevent the introduction from America of the San Jose scale (Aspidiotus perniciosus) the following regulations, adopted in conjunction with the Royal Hungarian Government, will be enforced until further notice:

Par. 1. The importation from America of living plants, grafts, and layers, and fresh plant refuse of every kind, as well as the barrels, boxes, and other coverings in which such goods or refuse may be packed, is prohibited.

Par. 2. The importation from America of fresh fruit and the refuse of fresh fruit, as well as the packings which may cover the same, is prohibited, when the examination to be made at the custom-house on the frontier, where such importation is intended to take place, shall prove the presence of the San Jose scale.

Admission across the frontier is limited, in the case of the articles aforementioned, to the custom-houses at Bodenback, Tetschen, Trieste, and Fiume.

Par. 3. The provisions of paragraphs 1 and 2 apply also to the articles therein mentioned when the same may be merely in transit through the territory of the Empire.

Par. 4. The minister of agriculture is empowered to make exceptions to the provisions contained in paragraph 1 when such exceptions can be justified by the precautions that are necessary in this matter.

Par. 5. This decree shall take effect upon the day of its publication.

Vienna, the 20th of April, 1898.

• Kast. [m. p.]
• Kaizl. [m. p.]
• Thun. [m. p.]
• Baernreither. [m. p.]