Instructions of the Minister of Foreign Relations in reference to the supplying of coal to belligerent vessels of war in the ports of Chile. December 17, 1914. [Rev. Gén., Doc. 23: 15.] MINISTRY OF FOREIGN RELATIONS, Santiago, December 17, 1914. The director general of the marine should bring to the attention of all the maritime authorities of the Republic the dates upon which supplies of coal have been furnished in the ports of Chile to belligerent vessels of war. The maritime authorities of the different ports ought on their part to communicate by dispatch to the office of the director general of the marine all the deliveries of coal made to the said vessels of war. Decree of the Government of Chile in reference to ordinary and radio telegraphs and telephones. December 30, 1914. No. 6364. [Rev. Gén., Doc. 23: 15.] MINISTRY OF THE INTERIOR, SECOND SECTION, Santiago, December 30, 1914. In view of the precedents and considering that, in accordance with the Radio Conference of London, July 5, 1912,1 radio offices not authorized by the Government may not exist in the territory of a State: Considering that Chile signed the fifth convention of The Hague relative to the rights and duties of neutral powers in case of war: In view of articles 3 and 9 of the said convention, which provide as follows: ART. 3. Belligerents are likewise forbidden to: (a) Erect on the territory of a neutral power a wireless telegraph station or other apparatus for the purpose of communicating with belligerent forces on land or sea: (b) Use any installation of this kind established by them before the war on the territory of a neutral power for purely military purposes, and which has not been opened for the service of public messages. ART. 9. Every measure of restriction or prohibition taken by a neutral power in regard to the matters referred to in articles 7 and 8 must be impartially applied by it to both belligerents. A neutral power must see to the same obligation being observed by companies or private individuals owning telegraph or telephone cables or wireless telegraphy apparatus. It is decreed: 1. The intendants and governors of the Republic will proceed to dismantle telegraph, telephone, and radio apparatus, whether or not designed for public service, whose installation has not been duly authorized. 1 Charles, Treaties 1910-1913, p. 185. 2. Telegraph, cable, and radio companies belonging to the State or to individuals can not in the future and until a new order accept for transmission communications written in a cipher or conventional language. 3. Communications addressed by the diplomatic agents accredited to the Republic and those which banks exchange between their various branches will be excepted. The key to the language should, however, be previously communicated to the office of the Director General of Telegraphs. The only communications which can be transmitted are those clearly written in German, Spanish, French, English, Italian, and Portuguese, and which give no information on the situation, the movements or the operations of vessels of the belligerent nations. Let it be noted, communicated, published, and inserted in the Bulletin of the Laws and Decrees of the Government. BARROS LUCO. PEDRO N. MONTENEGRO. Note of the Minister of Foreign Relations to the Minister of War and Navy in reference to the supplying of belligerent vessels of war in the waters of Chile. January 4, 1915. [Rev. Gén., Doc. 23: 15.] MINISTRY OF FOREIGN RELATIONS, Santiago, January 4, 1915. Article 19 of convention xiii of The Hague authorizes belligerent vessels of war to revictual in neutral ports and roadsteads only to complete their normal supplies in time of peace; consequently, the supplies should be calculated by considering the current consumption of the crew in such a manner that if a belligerent vessel which has received, in a Chilean port, supplies for a certain number of days returns to another Chilean port, it can not receive a new supply of provisions before the period has expired which formerly served as a basis for the supplying of provisions. Note of the Minister of Foreign Relations to the Minister of War and Navy in reference to complaints on the violation of Chilean neutrality. January 12, 1915. [Rev. Gén., Doc. 23: 16.] MINISTRY OF FOREIGN RELATIONS, To the MINISTER OF WAR AND NAVY: The normal situation of a merchant vessel can not be altered by the simple act of denunciation. Proof is necessary, at least that the vessel has committed an act contrary to neutrality. In case of grave and well-founded suspicion the vessel, if it is absolutely necessary, can only be detained for a speedy investigation of the facts. A file of documents will be formed in each case, in which will be contained the declaration of the interested parties and testimony, as well as other proof proper, to throw light on the question. The decisions made by the maritime authority should have only a provisional character until their ratification by the Government. Information on the affair in progress will in no case be given to the press even under pretext of rectification or of prohibition of proceedings by the Government. To the Government alone belongs the duty of deciding what publication should be made. Declaration of the Minister of Foreign Relations in reference to the supplying of coal to belligerent vessels of war in ports of Chile. January 23, 1915. [Rev. Gén., Doc. 23: 16.] MINISTRY OF FOREIGN RELATIONS, Santiago, January 23, 1915. The maritime authorities should obtain by telegraph authorization from the superior naval authority before according to belligerent vessels of war permission to load coal in Chilean ports, and these authorities, if they do not receive the authorization in sufficient time, should demand of the commander of the vessel a written declaration that the vessel has not taken on coal in a Chilean port during the last three months. Decree of the Government of Chile modifying, in reference to ordinary and radio telegraph and telephone communication. articles 2 and 3 of the decree of December 30, 1914. January 25, 1914. [Rev. Gén., Doc. 23: 16.] No. 213. MINISTRY OF THE INTERIOR, In view of the dispositions of the Telegraphic Convention of St. Petersburg (Petrograd) celebrated between the 10th and 22d of July, 1875,1 and promulgated as a law of the Republic Novem ber 2, 1909: It is decreed: The provisions of articles 2 and 3 of decree No. 6364 of December 30 last, are modified in the following form: 1. Communications of diplomatic representatives and consular agents accredited to Chile, can be transmitted and received in cipher or conventional language without restriction and upon the principle of reciprocity. 2. Telegraphic communication of individuals in the country itself or with neutral countries can be transmitted in conventional language or cipher. 1 Martens, N. R. G., II, 3:614. Fuel to Merchant Vessels. 27 3. Telegraphic communication of individuals in cipher with belligerent countries can be carried on only by means of Keys A B C, fifth edition; Scott's Code, tenth edition; Bentley's Complete Phrase Code; Western Union Code; Lieber's Code. Such communication will also be permitted to those whom the Government of Chile shall authorize on condition that the sender remit to the appropriate administrative authority a translation of the telegram and that the latter authorize its transmission, putting on the original cipher his authorization of transmission. 4. Telegraphic communication of individuals whether or not in cipher, which contains information on the situation, movements, or the operation of vessels of war, or of commerce of belligerent nations can not be transmitted. At the same time the agents of steamer companies or of commercial houses can transmit telegraphs in cipher or in a conventional language, in the country itself or with neutral countries, in reference to the movement of steamers or of merchant vessels. Let it be noted, communicated, published, and inserted in the Bulletin of the Laws and Decrees of the Government. BARROS LUCo. PEDRO N. MONTENEGRO. Note of the Minister of Foreign Relations to the Minister of War and Navy on the interpretation of the rule recorded in No. 4 of the decree of December 15, 1914, in reference to the supplying of fuel in Chilean ports to belligerent merchant vessels. March 13, 1915. [Rev. Gén., Doc. 23: 17.] MINISTRY OF FOREIGN RELATIONS, To the MINISTER OF WAR AND NAVY: The provisions of the rule recorded in No. 4 of the decree of December 15, 1914, should be interpreted in the sense that the supply of coal should not exceed the quantity necessary to carry the vessel to its port of destination, at the same time limiting the supply to the ordinary capacity of its bunkers and taking as a basis the route and the usual stops of similar vessels. Consequently the maximum of coal which can be furnished in Chilean ports to merchant vessels of belligerent flag will be that which its ordinary bunkers can contain; but in the case of a voyage to a port which the vessel could gain without using the entire contents of its ordinary bunkers the supply should be reduced to the quantity necessary to bring it to this port of destination, taking into consideration the route and the usual stops of similar vessels. In any case it will be necessary to demand of those interested a sufficient guaranty that the fuel which will be furnished them will not be used to aid operations of war. Note of the Minister of Foreign Relations to the diplomatic agents accredited to the Government of Chile in reference to the reconversion of auxiliary vessels of the armed fleet into vessels of commerce. March 15, 1915. To the MINISTER: [Rev. Gén., Doc. 23: 17.] MINISTRY OF FOREIGN RELATIONS, This ministry has examined with a particular interest the question which has been submitted to it by the British Government in a note of February 4 last, relating to the possibility, for English merchant vessels which have served up till the present as auxiliary vessels of the British fleet, to resume their status of merchant vessels and to be treated in this capacity in the Chilean jurisdictional waters. The Second International Conference of Peace assembled at The Hague in 1907 authorized in convention vii the transformation of merchant vessels into vessels of war, determining at the same time measures intended to prevent abuses especially in reference to the reestablishment of the privateer, abolished by the Declaration of Paris of 1856. But neither the said conference nor the London Naval Conference of 1909 have regulated all the matters relative to maritime war and notably that of the reconversion to merchant vessels of vessels which, having formerly had this character, have subsequently been converted into vessels of war or auxiliaries to the armed fleet. Conformably to the general principles of international law the governments of neutral countries can regulate cases not provided for conventionally and apply in their jurisdictional waters the regulations which they adopt. The preamble of convention xiii of The Hague formally recognizes this right. The Government of Chile desires to settle the question suggested by the note above indicated according to the attitude of strict neutrality adopted by it since the beginning of the war and also in conformity with the general convenience of the American Continent, since the great European conflict has demonstrated in an evident manner that international rules should in the future take into consideration the particular conditions of this hemisphere. Inspired by this idea, the Chilean Government sees no inconvenience in admitting into the ports and jurisdictional waters of Chile and in treating in all respects as merchant vessels, vessels which have been auxiliaries of the fleet of one of the belligerent States, when the said vessels fulfill the following conditions: 1. That the auxiliary vessel has not violated Chilean neutrality; 2. That the reconversion took place in the ports or jurisdictional waters of the country to which the vessel belongs or in the ports of its allies; |