File No. 406/105–106.

Chargé Fletcher to the Secretary of State.

No. 769.]

Sir: Referring to Mr. Rockhill’s No. 642, of June 14 last, on the subject of the reciprocal protection of trade-marks in China, I have the honor to inclose copy and translation of a note received to-day from the Spanish minister, informing me that, according to instructions received from his Government, the Spanish consular courts in China are, in the absence of special legislation, without jurisdiction in the premises.

I have, etc.,

Henry P. Fletcher.
[Inclosure.—Translation.]

The Spanish Minister to Chargé Fletcher.

Mr. Chargé d’affaires and Dear Colleague: Referring to the letter which I had the honor of addressing to Mr. Rockhill June 13 last, in reply to his note [Page 265] of the previous day, proposing an exchange of notes between our two legations for the protection of trade-marks of our respective citizens by means of the intervention of consular courts, as is done in Morocco, I have to inform you, according to instructions received from my Government, that until there is a special law changing the jurisdiction of the Spanish consular courts in China these courts may not pass upon the matter which is the subject of this note.

I seize this occasion, etc.,

(Signed)
M. de Carcer.