724.3415/327a: Telegram

The Secretary of State to the Minister in Bolivia (Kaufman)

1. On December 31 the Bolivian Minister and Paraguayan representative drew up a protocol for the investigation of the differences between them. The Special Commission was in session for nearly five hours helping to draw up a protocol that would fall within the instructions of both Governments in order to obviate the necessity of further telegraphic exchanges, as each time the Governments have been consulted it has required six days to get an answer. [Page 829] The protocol was finally agreed upon and at the suggestion of the Bolivian Minister the Committee met at six o’clock last night for the signing of the protocol. The Bolivian Minister did not come to the meeting and when he was finally located and prevailed upon to come, stated he could not sign without instructions from his Government. The Paraguayan representative stated that he had no instructions from his Government either but as all the labor of the preceding day had been to draw up a protocol that would fall within the instructions of both parties, he was willing and ready to sign. Please take the matter up orally immediately with the Bolivian authorities, urging that they lose no time in cabling the Minister in Washington authorization to sign the protocol, the text of which he cabled to them on the night of December 31. You may, in your discretion, point out that any undue delay now or quibble over the wording of the protocol might well cause considerable misunderstanding in the Conference regarding Bolivia’s position.

The preamble of the protocol contains two paragraphs, one with the allegations of Bolivia and the other with the allegations of Paraguay. These are ex parte statements and apparently neither party should object to any allegations made by the other as these allegations are ex parte statements and the matter will be subject to impartial examination. The verbal changes in the rest of the protocol do not alter its substance and most of them were made at the request of Bolivia. It is therefore hoped that instructions will be sent without delay as the work of the Conference is now rapidly drawing to an end.

Kellogg