Minister Leishman to the Secretary of State.

No. 1074.]

Sir: I beg to inclose herewith for the Department’s information copy of a circular note issued by the Sublime Porte concerning the establishment of petroleum depots in the populous centers, together with a copy of the legation’s reply, which I trust will meet with your approval.

While the Sublime Porte’s note bears on its face the establishment of what would naturally be viewed as a very proper municipal regulation, the rates for storage mentioned are out of all proportion for the services to be rendered; and I learn privately that the new act was drawn up by the financial commission with a view of establishing a new source of revenue.

In any event I deemed it wise to guard against any infringement upon certain principles, such as the establishment of a new monopoly which might be far-reaching, and indirectly increasing the customs tax upon an article which intimately concerns American trade. Even allowing that the government would not be disposed to offer any serious objections to a slightly increased tax, I viewed the matter that whatever the government might be disposed to grant as a favor it could not afford to allow the Sublime Porte to usurp as a right, consequently I thought it just and proper to protest against the introduction of the new law in the absence of a proper understanding and agreement.

A similar protest was filed by the legation in 1882 against the granting of a monopoly to a certain Sami Bey for the establishment of a central petroleum depot at Constantinople, but the matter was afterwards dropped, as the correspondence between the legation and the Department at that time will show.

Unless otherwise instructed by the Department, my idea is to treat the matter pretty much upon the same lines as the question of a 3 per cent increase in the customs dues. See legation’s dispatch No. 1031, April 6, 1905, and the Department’s reply thereto, No. 810, April 27, 1905.

I have, etc.,

John G. A. Leishman.
[Inclosure 1.—Translation.]

The Minister for Foreign Affairs to Minister Leishman.

note verbale.

In order to prevent the danger to the public security resulting from the storage in populous centers of large quantities of pertoleum, alcohol, and other inflammable materials, the imperial government has decided to have warehouses constructed for the storage of said [Page 879] materials in such places where they do not exist as yet and to buy at a reasonable price those which have already been built by private persons with a view of securing uniform regulations to which these materials are subject.

In order to cover the expense of construction, of repairs, and of insurance of the above-mentioned warehouses, as well as the salaries of the officials, there will be uniformly collected on every case of petroleum stored, petroleum passing in transit to other parts of the Empire being excepted, a tax of 60 paras for the time included between one day and one month and a tax of 1 piaster for each of the following months or fraction of a month.

On petroleum not in cases there will be collected on each quintal a tax equivalent to the double of the tax collected on each case.

Alcohol, naphtha, benzine, and other similar materials will be subject to the same charges as petroleum.

The imperial ministry requests the legation of the United States of America to kindly bring the preceding to the knowledge of its citizens interested in the matter.

[Inclosure 2.]

Minister Leishman to the Minister for Foreign Affairs.

note verbale.

The American legation has the honor to acknowledge the receipt of the Sublime Porte’s note verbale of April 27, 1905, concerning the proposed measure which the Imperial Ottoman Government has in contemplation with a view of establishing under official control petroleum depots in the populous centers.

If, as stated in the above-mentioned circular, the object of establishing petroleum depots near the large cities is merely in order to give the public greater security from fires which may result from the indiscriminate storage of such inflammable material as petroleum and alcohol, the legation would be inclined to view the establishment of storage depots (for such highly inflammable material) as a proper municipal regulation, whether instituted directly or indirectly by the municipalities or by private enterprise under proper municipal regulations. Under these circumstances the legation would not be disposed to offer any objection to the establishment of such depots, providing the charges for storage be fixed at a figure sufficient only to cover the necessary expense connected with the establishment and proper conduct of such depots.

If aforesaid understanding of above-mentioned circular be correct, the charges for storage must of necessity be materially modified, as the proposition as outlined in the Sublime Porte’s circular note would appear more in the line of a fiscal measure, which could only be viewed by the legation as an indirect increase in the customs duty agreed upon between the Imperial Ottoman Government and the Government of the United States of America, or as a monopoly, against both of which the legation would be forced to enter a protest.