File No. 837.77/105.

The American Minister to the Secretary of State.

No. 662.]

Sir: Referring to the last paragraph of my despatch No. 653 of the 15th instant, in regard to the Caibarién-Nuevitas railroad concession, I have the honor to report that my British colleague has allowed me to read the memorandum prepared for him by the lawyer of the Cuban Central Railways and which he told me he should send to his Government and to the British Ambassador in Washington to be submitted by the latter to the Department. * * *

Despite Mr. Leech’s previous admission to me, as reported in my despatch No. 653, that there was no longer any substantial difference between us as to the essential facts, this memorandum states that there “seems to be a wide divergence of opinion as to the facts” between us. I could not, however, discover in the memorandum any reference to a specific instance wherein we differ in any essential point of fact. * * *

Mr. Leech’s memorandum also brings up again the question of what Congress intended by the term “Cordillera de Bamburanao,” in connection with which, it is alleged, the Cuban Central attempted by an ill-taken technicality to evade the obvious intent of the act. This point is fully discussed in my despatch No. 626, of February 17, 1913, and requires no further comment.

Although the Legation has heretofore relied entirely upon itself to investigate and prepare its reports upon this matter, I have, since Mr. Leech announced that he would have a memorandum prepared by the lawyer of the Cuban Central to refute my previous arguments, thought it expedient to have Mr. Tarafa’s lawyer prepare a memorandum [Page 404] for this Legation refuting specifically the British contentions. I have, therefore, the honor to enclose two memoranda1—one referring to the specific contentions of Mr. Leech as stated in my despatch No. 653 (page 3), and the other to exceptions taken by the Cuban Central Railways predicated upon the alleged infringement by the President of article 103 and other articles of the Reglamento de las Secretarias del Despacho,—and venture to recommend their careful perusal and consideration by the Department.

I have [etc.]

A. M. Beaupré.
  1. Not printed.