810.154/797

The Secretary of State to the Chargé in Guatemala ( O’Donoghue )33

No. 223

Sir: There is enclosed for your information a copy of a letter dated July 25, 1935,34 from the Acting Secretary of Agriculture, regarding the conditions on which this Government proposes to cooperate with the other interested governments in constructing certain specified bridges along the route of the Inter American Highway. There is also enclosed a copy of the portion relating to Guatemala of the report, enclosed with the letter, regarding the results of conferences which Mr. E. W. James, Chief of the Division of Highway Transport of the Bureau of Public Roads, and diplomatic representatives of the United States, had during April and May of the present year with officials of the governments of the other interested countries regarding their desires with reference to the proposed cooperation between their governments and the Government of the United States in further work on the Inter American Highway. Those portions of the report are added which relate to, or are of interest to, all or several of those countries. Copies are also included of the communications mentioned in the enclosed portions of the report.

The President, to whom the letter from the Acting Secretary of Agriculture, together with all of its enclosures, was referred, has approved the recommended procedure.

There is appended hereto the text of a note which you are requested to address to the Government of Guatemala.

You are authorized also in your discretion to discuss informally with the appropriate Guatemalan authorities any of the statements contained in any of the enclosures with this instruction. Please inform them that Mr. James, identified above in this instruction and in the [Page 261] attached proposed note, expects again to be in Guatemala City about the middle of September to initiate the work of the second of the two surveying parties mentioned in the first numbered paragraph in the latter part of the enclosed portion of his report. He will also be prepared to discuss with them the details of the proposed bridge construction.

Very truly yours,

For the Secretary of State:
Wilbur J. Carr
[Enclosure]

Text of Note To Be Addressed to the Guatemalan Government 35

Excellency: I have the honor to inform Your Excellency that my Government is prepared to cooperate with Your Excellency’s Government in the construction of a bridge over the Tamazulapa River, on the conditions set forth below. This is a part of the program of bridge construction in the several interested countries that has been prepared in consequence of conferences which Mr. E. W. James, Chief of the Division of Highway Transport of the Bureau of Public Roads, and diplomatic representatives of the United States, had during April and May of the present year with officials of Your Excellency’s Government, and the governments of the other interested countries, regarding their desires with reference to the proposed cooperation between their governments and that of the United States in further work on the Inter-American Highway.

The following are the proposed conditions of cooperation:

The United States will furnish surveys of bridge sites and make all needed borings; will furnish plans, specifications and estimates; all steel, or other fabricated material, whether used in the permanent structure or in any temporary auxiliary work; will furnish all mechanical equipment needed; will transport all materials and equipment furnished by the United States to the site of the work; will construct complete ready for traffic all the superstructure, either by day labor or by contract; will supervise all construction to completion; and will furnish all inspection and supervision when needed in connection with getting out materials furnished by Guatemala.

Guatemala will furnish all labor for getting out local materials, such as timber, sand, gravel, and stone, except, in agreed cases, those to be used by a contractor; will furnish all such local materials; will furnish all labor needed in constructing the foundations and substructures, and in removing falsework except steel sheet piling; will furnish all labor for cleaning up site and grading approaches for a distance sufficient to complete the stream crossing and make the structure [Page 262] usable; and will provide transportation to the bridge site for all materials furnished by Guatemala, except, in agreed cases, those to be used by a contractor. Guatemala will furnish all rights of way needed and in connection with all transportation and construction, provide easements sufficient for needed operations, and will hold the United States harmless under local law for all employees liability obligations.

Both countries will endeavor to cooperate fully in the projected construction and will use their utmost combined efforts not to disturb labor conditions, and each, including any contractors employed, will pay to their respective personnel the customary and prevailing wage for the several classes of service rendered. Equipment needed on the project and furnished by the United States may be permanently allotted to Guatemala or removed as may be determined by the United States. Plans and specifications for substructures will be provided in both Spanish and English, if necessary. If a contract is let for the superstructure, the obligation to pay labor costs for producing and transporting needed local materials will in each case be a subject for separate agreement between the United States and Guatemala.

The foregoing are the conditions on which my Government proposes to cooperate not only with Your Excellency’s Government but also with the governments of the other interested countries in similar work within their territories.

If the proposed procedure is acceptable to your Government, I would appreciate having you address to me a note in reply stating that fact. On receipt of your reply I shall be pleased to forward a copy of it to the Department of State of my Government. As soon as your statement that the proposed procedure is acceptable to your Government shall have reached the Department of State, the necessary steps will be taken to carry out the proposed bridge construction.

  1. Similar instructions were sent to the American diplomatic representatives in Panama (No. 64), Costa Rica (No. 208), Nicaragua (No. 320), and Honduras (No. 16).
  2. Not printed.
  3. Similar notes were to be addressed to the Governments of Panama, Costa Rica, Nicaragua, and Honduras.