File No. 406/88–89.
Minister Collier to
the Secretary of State.
American Legation,
San
Sebastian, September 24,
1907.
No. 403.]
Sir: Referring to your instruction No. 145 of
August 3, 1907, and my dispatch No. 395 of August 30, 1907,a I have the honor of inclosing a
copy of a note received from the ministry of state, with translation,
from which it appears that the Spanish consular courts in China would
not be competent to exercise jurisdiction in cases of violation of
trade-marks, even if by exchange of notes, between Spain and the United
States an attempt to secure protection of such property rights were
made. You will see from the note that certain reforms in the law
affecting the jurisdiction of the Spanish consular courts are under
consideration, and if made His Majesty’s Government is disposed then to
accede to the desire of the United States to enter into an agreement in
this matter.
I have, etc.,
[Inclosure—Translation.]
The Minister of Foreign
Affairs to Minister Collier.
Ministry of State,
San
Sebastian, September 16,
1907.
No. 67.]
Excellency: Referring to your excellency’s
note dated the 30th of last August, I have the honor, on behalf of
His Majesty’s Government, to confirm the statements made by the
Spanish minister in Peking, in his letter of the previous 13th of
June, to his colleague of the United States, respecting the
extension of Spanish consular jurisdiction in China.
[Page 262]
This is not identical with that exercised by consular tribunals in
Morocco, for the reason that, since the powers of our officials in
the Celestial Empire were subordinate to that of the high court in
Manila, their jurisdiction was limited to the power of reporting to
that court, as one of the stages in procedure, the crimes and causes
of which they had cognizance, and up to the present time that power
has in no way been enlarged.
This difference in functions will doubtless disappear, upon the
completion of the reform having in view an extension of powers,
which this Government is contemplating; and I will then listen with
pleasure to such proposals as your excellency may see fit to make,
with the object of framing an agreement between the two nations for
the protection of trade-marks in China. I avail, etc.,
