absence of the censor inspector who has been replacing the commission relative to neutrality on the coasts of Darien, it has not been necessary to name the controller, who, in the pay of this Government, should audit the accounts of radiotelegraphy in order to pay them periodically to the company;

Considering that the resolution of the Government having been notified to the representative of the Telefunken Co. at Bogota, the legation of the German Empire in this city declared by a note of this day that the company saw no objection to closing the station, to count from this day until the end of the war which has given rise to the present situation of neutrality, and that it would demand of the Government no indemnity for the time during which the inactivity of the radio station might last, all this being considered as an act of spontaneous solicitude on its part;

It is resolved as follows:

The ministry accepts in the name of the Government the declaration made by his excellency, Dr. Kracker von Schwartzenfeldt, envoy extraordinary and minister plenipotentiary of the German Empire, in a note of this day, and in the name of the radio company of Cartagena, by which the said company is said to desire the closure of the station, renouncing all claims for the lucrum, cessans. The Government is pleased to recognize the spirit of friendship and justice which this declaration indicated.

The necessary instructions will be transmitted to the governor of Cartagena, so that, agreeably to the representatives of the company at the above-mentioned stations, this will be closed and the apparaus put in a place of security in such a manner that it will not suffer deterioration or damage by reason of nonusage during the time of closure, and that all the other acts, which in view of the local and special circumstances are necessary for the efficiency of the closure and for preventing all damages to those interested, may be executed.

Published in the Journal Officiel.

By His Excellency the President of the Republic.
The Minister,

MARCO FIDEL SUAREZ.

Resolution additional to those relating to radio stations in Colombian territory. July 14, 1915.

[Republica de Colombia, Informe del Ministerio de Relaciones Exteriores al Congreso de 1915, p. 188.]

Considering:

MINISTRY OF FOREIGN RELATIONS

1. That in Colombian territory there are at present established a radio station situated at Cartagena belonging to a German company, a station at San Andres de Providencia, the

object of a contract between the Government and a German company and which has been admitted by the respective authorities; finally, a station at Santa Marta which is the property of a company of the United States;

2. That the station at Cartagena has been closed voluntarily by its proprietors and possessors since the first days of December, 1914, following an official note of the honorable legation of the German Empire in this city of the 5th of the said month;

3. That the station at San Andres, although the property of the Colombian Government, has not remained continuously in operation and that it has been closed by order of the Ministry of the Government in view of the impossibility of finding a neutral expert who can look after its service in a permanent manner;

4. That the station at Santa Marta is to-day in activity and offering its service to commerce and to the public in accord with its rights and rules;

5. That in Colombian ports of the Atlantic there have been and at present are merchant vessels of belligerent nationality whose radio apparatus has been rendered incapable of service on the order of the authorities of the Republic;

6. That the station of Cartagena, since it has been closed, has remained materially incapable of operation because of the means taken for preventing its use, and has also remained morally incapable of being employed as a consequence of the declaration made voluntarily by his excellency the German minister at Bogota;

7. That, in spite of these measures ordered from the beginning and others adopted later, for example, those relating to the antennæ of apparatus which have been brought down and surrounded by water, the Government has promised the legations most interested in this subject to increase the precautions for the protection of its neutrality to the end of assuring so far as possible the rights of belligerents as well as its own duties and rights;

8. That to this end, apart from the constant vigilance exercised by the authorities of Cartagena and by the official expert who represents the Government, conformably to the contract of September 17, 1914, the above-mentioned station has been studied and its condition has been investigated by two neutral foreign technicians, one a radio expert of the vessel Carillo and the other a similar expert of the vessel Santa Marta, both of AngloAmerican nationality, who have declared that the use of the station at Cartagena has been completely prevented and is absolutely impossible;

9. That, in addition to the declaration of its own technical commissaire and of the declarations of the foreign neutral experts indicated, the Government has attempted to obtain from the United States, with the exclusive object of proceeding to a new investigation of the situation, an expert in the pay of the

Republic, it being impossible to have an expert of Austrian nationality, evidently disqualified for such a mission;

It is resolved:

1. The radio station of Cartagena will continue, subject to the measures previously adopted for preventing its use, under the inspection and supervision of the official Colombian expert and the local political authorities. If these authorities, in accord with the expert, consider new orders or new measures necessary for the better assurance of the neutrality of the Republic, they will decree them on their own authority in urgent cases and in ordinary cases will consult this ministry. The home of the German employees who previously worked in the station will not be troubled, although this home be near the place of the radio apparatus, the use of this apparatus continuing to be absolutely impossible.

2. The station of San Andres will remain closed for a time and in the manner which will be indicated by the competent ministry. 3. The station of Santa Marta can continue to exercise its rights, but subject always to the departmental and national authorities; but it can not have in its service individuals of the nationality of any of the belligerents.

4. The vessels belonging to belligerent states and lying in Colombian waters will continue to be subject to the supervision and to the inspection of the authorities of the Republic, and their apparatus will remain incapable of operation and paralyzed in a manner believed to be effective; and, if necessary, they will be transported to land, in whole or in part, as will be prescribed. Let this resolution be communicated to the honorable legations of the United States, Great Britain, the German Empire, and the French Republic in this city and transmitted by courier to the governors of Bolivar, Atlantico, and Magdalena.

Published in the Journal Officiel.

Done at Bogota, July 14, 1915.

By His Excellency the President of the Republic.

The Minister,

MARCO FIDEL SUAREZ.

CUBA.

Proclamation of neutrality, August 5, 1914.1

[Boletin Oficial de la Secretaria de Estado, 1914, p. 361.]

To the citizens of Cuba:

According to the official information received at the Office of the Secretary of State, there actually exists a state of war be

1 Similar proclamations were issued in reference to the wars between Russia and Austria-Hungary, Aug. 13, 1914; France and Turkey, Nov. 9, 1914; Austria-Hungary and Italy, May 25, 1915; Italy and Germany, Sept. 9, 1916.

General Provisions.

47

tween Austria, Servia, Germany, Belgium, France, and England. As it has been communicated to the belligerent nations that the Government of the Republic will observe the strictest neutrality during the conflict, in accordance with the rules of international law, I make known the decision of the Government so that all the inhabitants of the territory of the Republic and all Cuban citizens may act in accordance with said declaration of neutrality. Mariel, the fifth of August, nineteen hundred and fourteen. M. G. MENOCAL.

Decree providing for the observance of neutral duties, August 10, 1914.

[Boletin Oficial de la Secretaria de Estado, 1914, p. 361.]

In accordance with the proclamation, published by an order of the fifth of August of the present year, announcing the strict neutrality to be observed by the Government of Cuba as well as by all its inhabitants and all Cuban residents abroad in regard to the belligerent powers in the present European conflict, it has been resolved to publish the rules which follow and which have been consecrated by the practice of nations and by several treaties between various countries as well as by other conventions, in several of which the Republic of Cuba has taken part, in order that they may be kept in evidence and duly observed:

First. No belligerent shall establish in the territory of the Republic of Cuba stations of radiotelegraphy or any other apparatus whatever destined to be a means of communication with belligerent forces, be these on land or sea.

Second. It is forbidden to form corps of combatants or to open enlistment offices in the territory of the Republic of Cuba for the benefit of a belligerent.

Third. It is forbidden for a belligerent to make use of a wireless telegraphy apparatus belonging to the Government.

Fourth. No Cuban citizen residing in a belligerent country shall be able to avail himself of his neutrality if he commits actions of hostility against or in favor of a belligerent, especially so if he voluntarily enters into military service in favor of one of the belligerent parties.

Fifth. It will not be allowed for any hostile action, including capture or right of search, to be done by a belligerent in the lawful waters of Cuba.

Sixth. No belligerent shall be allowed to hold a prize court in the territory of the Republic of Cuba or in vessels in the lawful waters of Cuba.

Seventh. Within the jurisdiction of the Republic of Cuba it shall be forbidden to arm and equip vessels when there is reason to believe that these are destined to serve as ships of war or to be used in hostile operations against any one or more of the powers with which this Republic is at peace.

Eighth. Vessels of belligerents shall not remain in the ports, inlets, and lawful waters of the Republic of Cuba for more than twenty-four hours unless they are obliged to do so because of being unseaworthy or because it is impossible, in that space of time, for them to provide themselves with the amount of fuel necessary to carry them to the nearest port of their own nationality. However, they will be required to leave as soon as the cause for delay in their departure has been eliminated.

Ninth. Belligerent ships of war shall not carry on repairs in ports or inlets of the Republic otherwise than in the measure necessary for the safety of their navigation and without increasing in any manner their military strength. Competent authorities or functionaries of the Republic shall judge of the necessity of the repairs pending, and said repairs shall be completed as rapidly as possible.

Tenth. Belligerent vessels shall not make use of ports, inlets, and lawful waters of the Republic to renew or increase their military provisions or armaments or to increase their crews. However, they may take on board, in the ports of the Republic, provisions in such quantity as would be normal and necessary in time of peace; furthermore, they shall not be allowed to take on more fuel than is necessary to carry them to the nearest port of their own nationality.

Eleventh. Belligerent ships of war which have taken on fuel at a port of the Republic shall not be allowed to renew their provision in any Cuban port before the expiration of three months.

Twelfth. It shall not be allowed to bring prizes into the ports of the Republic unless their condition is such as not to allow of navigation, or on account of high sea or lack of fuel or provisions; they shall, however, always be obliged to leave as soon as the cause of delay is removed. Failing to leave promptly the officers and crew of the prize shall be set at liberty and the crew on board the captain's ship shall be interned.

Thirteenth. A prize which has not been brought into a port of the Republic under the circumstances mentioned in the paragraph above shall be set at liberty.

Fourteenth. In case a belligerent vessel should refuse to leave a port of the Republic after having received notification from the competent Cuban authorities the vessel shall be disabled so that it may be unable to navigate until the end of the war, and the commander of said vessel shall be obliged to facilitate the disabling of the ship. Thus disabled the vessel shall be interned and its officers and crew shall be detained; they shall be allowed to live on their own vessel or another vessel or to find lodging on land, a certain number of men necessary for the care of the interned vessel remaining on it, without embargo. The officers shall be allowed to remain on land, provided they give their word that they will not leave the territory of the Cuban Republic without authorization.