838.51/2715: Telegram

The Chargé in Haiti (Drew) to the Secretary of State

108. Reference Legation’s telegrams numbers 40, April 8, 1 p.m.; 45, April 12, noon; and 106, September 28, noon; and Department’s [Page 781] telegrams numbers 26, April 13, 1 p.m.; and October 4, 6 p.m., second paragraph.

The effect of the removal of special article number 36 from the finance law of July 4, 1933, was largely remedied in the text as finally promulgated, with the principal exception that article 5 of the law does not provide that extraordinary or supplementary credits shall receive the approval of the Financial Adviser. It is anticipated that the greater portion of the surplus accumulated from last year’s revenue will be appropriated between now and the first of January.

Inasmuch as it was agreed in writing between the Minister of Finance and the Financial Adviser that the latter’s approval to the law referred to was only given subject to the condition that the effect of the omission of the special article would be remedied by an exchange of notes between the Legation and the Minister of Foreign Affairs and as the Minister of Finance so informed the Minister of Foreign Affairs it is considered highly desirable to include in the proposed exchange of notes a provision along the lines of paragraph 2 of my telegram 106 of September 28, noon. It is possible that failure to include this provision in the proposed exchange of notes might be construed by the Government as renouncing the authority now exercised by the Financial Adviser to control extraordinary and supplementary appropriations between now and January 2d. Although Pixley informs me that most of the other omissions do not now appear to be very serious the omission of any reference to his authority over such appropriations is considered to be sufficiently important to necessitate inclusion of the suggested provision in the exchange of notes.

Please instruct by telegraph.

Drew