File No. 422.11 G 93/592.

The American Chargé d’Affaires to the Secretary of State.

No. 189.]

Sir: I have the honor to report, with reference to my despatch No. 187, that the result of note No. 150, dated February 18, 1913, was a request from the Minister of Foreign Affairs to call at the Foreign Office for the purpose of discussing the contents of note No. 150 above mentioned.

Dr. Carrera then informed me that he had not yet received a reply from the Legation to note No. 118, dated December 12, 1912 (enclosure in despatch No. 170, dated December 16, 1912) and desired some statement from the Legation with reference to the contents of this note before replying to No. 150, appointing a time and place for the formal meeting of the Arbitrators for the purpose of exchanging credentials and full powers.

The point that Dr. Carrera seemed to have most in mind was the question of the scope of the powers granted to the American Arbitrator. He stated, further that he had been informed by the Ecuadorean Legation in Washington that the Department of State had told Mr. Wither1 that the powers granted to the American Arbitrator were unrestricted.

The conference ended by Dr. Carrera requesting the Legation to reply to the note from the Foreign Office of December 12 last.

The note in question contained so much controversial matter, on the subject of which the Legation had received no instructions, that after a consultation with Mr. Janes it was decided to ignore the contents of this note, with the exception of that part dealing with the powers of the American Arbitrator.

Note No. 151, dated February 21, 1913 (duplicate copies enclosed herewith), was accordingly addressed to the Foreign Office, together with a certified copy of the authority under which Mr. Janes will act.

I have [etc.]

Rutherfurd Bingham.
[Inclosure.]

The American Charge’ d’Affaires to the Minister for Foreign Affairs of Ecuador.

No. 151.]

Mr. Minister: With reference to the subject of the conversation with your excellency at the Ministry for Foreign Affairs yesterday morning, in which your excellency spoke of the character of the powers furnished by the President of the United States to the American Arbitrator authorized to represent him, in accordance with the terms of the contract between the Government of Ecuador and the Guayaquil and Quito Railway Co., dated June 14, 1897, I have the honor to enclose herewith a duly certified copy of the authority under which Dr. Janes will act.2 Your excellency will observe that this power is unrestricted and similar in all respects to that furnished to the American Arbitrator in 1907.

[Page 480]

I have the honor at the same time to request that this document, after it has served your excellency’s purpose, be returned to the Legation, in order that it may be placed at the proper time with the records of the Arbitral Tribunal about to be constituted.

I avail [etc.]

Rutherfurd Bingham.
  1. Secretary of the Legation of Ecuador.
  2. Not printed.