File 838.77/116.

Minister Blanchard to the Secretary of State.

No. 31.]

Sir: I have the honor to report that on the 20th instant the Minister of Foreign Relations called at the Legation with reference to the notification of the expiration, on that day, of the delay in foreclosure proceedings instituted against the National Railroad Company of Haiti, with regard to which he has received no reply.

I stated that, up to that time, I had received no instructions touching on this matter. Whereupon he stated that in a spirit of conciliation he would be willing to further extend to a later time the date of foreclosure, should I address to the Haitian Government a note embodying this request. This I declined to do, stating that I did not feel authorized to make any request in the name of the above company. He then proposed that I have the representative of the railroad company here discuss in conference with us as to a future date. This I likewise declined, as the latter was not empowered to act in the premises, adding that, as he remembered, my Government had expressed a hope that the matter be held in suspension until such time as it could be settled in Washington. The Haitian Government had decided to delay such proceedings to a date to be fixed subsequently. On the 13th of January the Legation had been notified that this suspension would terminate on the 20th—a fact which had been communicated to my Government by cable, and to which no reply had been received. If, under these circumstances, the Haitian Government decided to further extend the stay in proceedings, I considered that it should be upon its own initiative, inasmuch as the date of January 20th had been fixed in a like manner.

He thereupon stated that the Haitian Government would extend the time limit to February 20, and that he would address me a note accordingly.

On January 23 I received the note above referred to, dated January 21, a copy and translation of which is herewith forwarded.

I have [etc.]

A. Bailly-Blanchard.

The Minister for Foreign Affairs to Minister Blanchard.

Mr. Minister: I have the honor to confirm the conversation which we had yesterday morning in reference to my letter of January 13, by virtue of which the suspension of the adjudication of the foreclosure of the concession of the National Railroad Company of Haiti expired on the 20th of this month.

The Haitian Government—taking into account the great actual difficulty of telegraphic communications, appreciating the force majeure which makes it impossible for the National Company to present before January 20, 1915, the basis of accord between the parties—decides to suspend until February 20, 1915, the procedure of adjudication begun by the notification of foreclosure September 28, 1914.

It remains understood that—this delay to February 20, 1915, having passed without the basis of accord (which ought to embrace, without distinction, all [Page 549]pending questions) having been arrived at between the Haitian Government and the National Railroad Company—there will follow the execution pure and simple of the contract of concession in regard to adjudication, as well as to all actions whatsoever resulting for the Haitian State from violation of this contract by the National Company.

In the firm hope that the good advice of the Legation of the United States will make this company finally understand the necessity of a prompt and loyal arrangement,

I beg you [etc.]

Louis Borno.