Mr. Storer to Mr. Sherman.

No. 75.]

Sir: I have the honor to report that I have just received the answer of the Belgian Government, transmitted through the minister of foreign affairs, to my letter of November 29, a copy of which has been transmitted to the Department with my dispatch No. 59, on the subject of the unauthorized use in Belgium of the American flag for advertising purposes.

I transmit herewith a copy and translation of the letter of the minister of foreign affairs.

I venture to suggest that if the various consular officers were ordered to inform all those persons in their several districts thus making use of the flag of the opinion of the Belgian minister of justice and their liability to legal proceedings in this country it might in most instances answer the practical purpose desired.

I have, etc.,

Bellamy Storer.
[Inclosure 1 in dispatch No. 75.]

M. de Favereau to Mr. Storer.

I have not failed to bring to the attention of the minister of justice the letter that your excellency was kind enough to address me on the date of November 29 last on the subject of the use made in Belgium for advertising purposes of the American national flag.

My colleague has written me that the circumstances stated by your excellency do not fall within the provisions of any of our penal laws, but that the American Government could bring before the civil courts the persons who, without its consent, have made use of the flag of the United States, to which it (the Government) has an exclusive right, and this in order to obtain damages for such occurrences in the past, as well as with the intention of having them enjoined, by the same decree, from repeating this use in the future.

In placing the information above stated at the service of your excellency, I take, etc.,

De Favereau.