Mr. Merry to Mr.
Hill.
Legation of the United States,
San José
,
March 1,
1902
.
No. 696.]
Sir: I have the honor to advise the receipt of
a dispatch from the Salvador Government stating that it will accept our
offer to arbitrate the Gelbtrunk claim for $22,654.43, jointly with that
of the Salvador Commercial Company, provided it be allowed thirty days
from the date upon which you accede to the request as notified to this
legation by cable, this period being claimed as necessary to collect and
translate the evidence which the Salvador Government desires to present.
* * * I presume that you will agree to the request regarding the
Gelbtrunk claim, and, if agreeable, shall expect on receipt hereof your
cablegram to that effect, which I shall promptly transmit to the
minister of foreign affairs at San Salvador, the thirty days allowed
commencing from the date of your cablegram to this legation.
I respectfully forward herewith copy and translation of dispatch from the
minister of foreign relations of Salvador conveying above request.
With assurances, etc.,
[Inclosure.—Translation.]
Mr. Trigueros
to Mr. Merry.
Ministry of Foreign Relations,
San Salvador
,
February 18, 1902
.
Mr. Minister: I have the honor to refer to
your excellency’s dispatch dated January 28 last, relative to the
calling of the attention of this Government to the Gelbtrunk claim
for $22,654.43, arising from merchandise taken by the troops of the
[Page 875] Government, who, in
your excellency’s opinion, should be responsible for that amount,
because, this claim being founded upon an unjust act of the State,
this Government is responsible for the payment of an indemnity whose
amount appears fully established. Your excellency adds that, having
accepted arbitration in the case of the Salvador Commercial Company,
you desire to apply the principle to this question and that the
Gelbtrunk case be submitted to the same arbitrators as the claim of
the Salvador Commercial Company, provided that this Government gives
prompt consent, since otherwise your excellency advises having
instructions to ask the early payment of that sum.
In reply I have the honor to advise your excellency that my
Government accepts the friendly proposition of the United States
Government regarding the submission to the court of arbitrators who
will act in the claim of the Salvador Commercial Company the matter
of Mrs. Gelbtrunk, provided that there be granted to both parties a
period of one month to present their proofs, a period that should
count from the acceptance of this first request by the Government of
your excellency, since my Government needs this fixed term to
collect, prepare, translate into English, and to send to Washington
to our lawyers some documents that should be proofs of its rights
before the arbitrators.
If your excellency accepts this period that I request, since that
marked by Article III of the protocol of arbitration is about to
expire, I beg that you will please advise by telegraph, if you
approve, with the purpose that the term of thirty days to which I
have made reference begins to count from that date.
I am pleased to renew, etc.,
