Mr. Leishman to Mr. Hay.
Constantinople, September 15, 1904.
Sir: Referring further to my dispatch No. 870 of August 15, 1904, concerning the school question, as the Porte has not attempted to reply to my note of August 16, 1904, it is my intention to assume the position that the institutions mentioned in the list which was filed in February, 1903, must be considered as having been officially recognized.
As the Porte allowed over eighteen months to elapse without taking any exception to the list I consider that the legation is warranted in assuming above-mentioned position as a matter of principle which can be deviated from in individual cases as fairness and policy dictate, and in following the matter up I shall be guided by this policy unless otherwise directed by the Department.
The carrying out of the agreement is sure to be a long and tedious undertaking, outside of any other difficulties that may be encountered, as the French have not as yet succeeded in completing the formalities of one-third of the institutions embraced in their list, which was accepted in its entirety nearly three years ago, notwithstanding the fact that they appointed a special dragoman to look after the matter who has been devoting his entire time to the case.
One of the greatest difficulties encountered is found in the matter of transfer and registration of property in the name of the institution, as heretofore all property according to Turkish law was held in the name of an individual, which necessitated constant transfers involving considerable expense and at times causing a great deal of embarrassment and trouble.
The missionary board here has promised to furnish the legation with the data necessary to complete the transfers, and intimated a willingness to facilitate the work through the Turkish Department by the payment of a small fee to the functionaries in addition to the necessary transfer charges, but as many legal difficulties will no doubt be encountered, I would most respectfully suggest that I be authorized to employ Mr. A. K. Schmavonian as legal adviser to the legation, as suggested in a previous communication, who is thoroughly competent to look after the questions of this character, as he has been constantly consulted by the missionary board for many years, and if the Government is not prepared to act upon the recommendation contained in my dispatch No. 676 of January 12, 1904, that he be paid a [Page 832] salary, I trust the Department will see its way clear to authorize the legation to pay him such fees for legal services as may be found proper and just, not to exceed the sum of $1,000 per annum.
I have, etc.,