File No. 406/88–89.

Minister Collier to the Secretary of State.

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.,

Wm. Miller Collier.
[Inclosure—Translation.]

The Minister of Foreign Affairs to Minister Collier.

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.,

Manuel Allen de Salazar.
  1. Not printed.