expense to the Government, delivering the cable in perfect working order. The company shall also deliver to the Government, free of all expense, a cable measuring not less than 6,500 feet in length, to be used between Guayaquil and Duran. Both of said cables shall be the exclusive property of the Government, and the Government shall be bound to keep them in working order. "The Government gives to the company permission to fix the tariff between Guayaquil and Esmeraldas, which tariff shall not exceed 30 cents per word, the Government paying half rate. "The cable communicating Puna with Guayaquil shall be finally laid within 60 days from and after the signing of the present instrument, and the cable for Duran shall be delivered to the Government within the period of six months, which may be extended to six months more should the company be unable to deliver it within the first six months. It is understood that, on the delivery of this cable, it shall have been laid and ready for service.' "Please, sir, to add the other customary clauses necessary for the validity and full effect of this agreement. "Guayaquil, February 17, 1906. "EM. ESTRADIA. The above is a copy of the original, which may be referred to if necessary. The contracting parties hereby ratify the present instrument in all its parts, and, to the fulfillment of its terms, obligate their principals in full legal form, hereby renouncing such laws and provisions as might enable them to, in any manner, render said agreement less effective. Said Ashton, who acts on behalf of the Central & South American Telegraph Co. by virtue of the authority conferred by law, promises the ratification of this contract on the part of said company, and said governor, in turn, enters ad referendum into this contract, promising to solicit from the supreme Government the corresponding ratification. The following documents are registered together with and form a part of the present instrument in order that they may be inserted in any and all copies hereof: Copy of the telegram authorizing said governor to enter into this agreement and copy of his appointment as governor and constitutional oath of office. Having been by me distinctly read from beginning to end to the contracting parties and in the presence of the witnesses, Aparicio Plaza Iglesias, Eloy Cabezas, and Jose Geronimo Lopez, residents of this city, of full age and having the requisite legal capacity, the present instrument is approved by the contracting parties and simultaneously signed by them, together with the aforesaid witnesses and myself, said witnesses being personally known to me; to all of which I certify. Witnesses: AP. PLAZA IGLESIAS. ELOY CABEZAS. J. GERONIMO LOPEZ. EM. ESTRADA. S. VALLEJO, Notary Public. Contract entered into between the Supreme Government (of Ecuador) and the Central & South American Telegraph Co. In Guayaquil, on the 7th day of April, 1906, before me, Santiago Vallejo, notary public for this canton, and before the undersigned witnesses, personally appeared as party of the first part Emilio Estrada, governor of this Province, in the name and on behalf of the Supreme Government, and as party of the second part, George Ashton, in the name and as attorney in fact of the Central & South American Telegraph Co. Both parties are of full age, residents of this city, married. They have the necessary legal capacity, are fully aware of the effects of the present contract, are acquainted with the Spanish language, and I certify that said parties are personally known to me. For the execution of the present instrument they have presented the memorandum which I copy, as follows: "(To the notary:) By instrument dated February 20 of the current year, executed before yourself, bearing No. 35, a contract was entered into between the supreme Government, represented by Emilio Estrada, Governor of this Province, and the Central & South American Telegraph Co., represented by 51014-29-PT 8- -17 1 George Ashton. The text of the Minuta contained in said document is as follows: "Please to draw up a public instrument to the effect that we the undersigned, Emilio Estrada, Governor of the Province of Guayas, in the name and on behalf of the supreme Government, for which said Estrada acts ad referendum, and George Ashton, in the name of the Central & South American Telegraph Co., for which company said Ashton acts by virtue of the authority conferred by article 1439 of the civil code, promising the corresponding ratification, have entered into a contract supplementary to that which was executed in the city of Quito on the 17th of September, 1881, between the same company and the supreme Government before the notary, Francisco Valdes, and to the amendatory contract which was executed in this city before yourself between said company and the said supreme Government on the 8th of October, 1905. "By the present contract, articles 1 and 3 of the aforesaid amendatory contract executed before you, and article 2 of the original contract executed at Quito are amended in the following manner: "First. Article 1 of the amendatory contract shall read: 66 6 66 The Government of Ecuador grants unto the Central & South American Telegraph Co. power and authority to lay telegraph cables and to establish other means of telegraphic communication within its jurisdiction and the limits of Ecuador to any point north or south of the Republic." “Second. Article 2 of the original contract shall read: """The Central & South American Telegraph Co. is under obligation to maintain the stations at Guayaquil, Santa Elena, and Esmeraldas, during the term of its contract." "Third. Article 3 of the amendatory contract shall read: """The permission and exclusive privilege granted at Quito on the 25th of August, 1881, to Fralick Murphy & Co. and transferred to the Central & South American Telegraph Co. (via Galveston) for the installation and exploiting of lines of communication between Ecuador and the countries north and south of said Republic, is hereby extended for 50 years, to wit, until the 17th day of February, 1956. The concession referred to in clause 1 shall comprise the privilege which is also hereby granted to the company for the installation and exploiting of any other system of telegraphic communication, be it electric, magnetic, or of any other kind, between the territory and jurisdiction of the Republic of Ecuador and the countries north and south of said Republic. 66 6 66 "In case, however, the wireless system should become of general use by commerce in the world and should permanently and regularly substitute the cable between Europe and Ecuador, (via Buenos Aires, Peru, and Chile), and the Government should receive proposals for its establishment between Ecuador and Panama, the Government has the right to require the Central & South American Telegraph Co. to decide, within the period of six months, whether or not said company will, for its own account, establish said wireless system. If the company should make use of the right entitling it to preference, the Government will, within its (the Government's) limits and jurisdiction, grant to the company the necessary privileges and authority for the installation of the wireless system. If on the termination of said six months the company should not have agreed to install the wireless system between Ecuador and Panama, the Government shall, within a reasonable time-that is, without unnecessary delay-immediately after said six months, be at liberty to contract with parties other than the company for said system between Ecuador and Panama; and when the wireless system be thus installed and in permanent use, the privilege granted to the company shall cease as to wireless telegraphy between Ecuador and Panama and become of no effect between said countries. In case the Government should enter into a contract with a party or parties other than the company for the installation of wireless telegraphy between Ecuador and Panama, the company at its option shall, immediately after or at any subsequent time, be at liberty to withdraw its cables from Ecuadorian ports and to rescind this contract in all its parts. In consideration of the above the company agrees to lay a cable connecting with the Government lines, establishing communication between the island of Puna and Guayaquil, free of all expense to the Government, delivering the cable in perfect working order. The company shall also deliver to the Government, free of all expense, a cable measuring not less than 6,500 feet in length, to be used between Guayaquil and Duran. 1 Memorandum addressed to the notary public. Both of said cables shall be the exclusive property of the Government, and the Government shall be bound to keep them in working order. "The Government gives to the company permission to fix the tariff between Guayaquil and Esmeraldas, which tariff shall not exceed 30 cents per word, the Government paying half rate. ""The cables communicating Puna with Guayaquil shall be finally laid within 60 days from and after the signing of the present instrument, and the cable for Duran shall be delivered to the Government within the period of six months, which may be extended to six months more should the company be unable to deliver it within the first six months. It is understood that on the delivery of this cable it shall have been laid and ready for service.'" "Pursuant to the above, the undersigned, Emilio Estrada, governor of this Province, in the name and on behalf of the supreme Government, and George Ashton, in the name and as attorney in fact of the Central & South American Telegraph Co., declare that they hereby approve, ratify, and confirm said contract of February 20 of the current year, the terms and stipulations of which have been above set forth in this 'Minuta,' and that they proceed to execute this ratification for the following reasons, respectively: The governor, because he has obtained official confirmation of the telegram which had authorized him to enter into the said contract; and said Ashton, because he has received the requisite power of attorney from the cable company. Thus is fulfilled the promise made in said contract by the undersigned to obtain the ratification by their respective principals. "In view of the foregoing data, please, sir, to draw up a public instrument setting forth the aforesaid ratification, adding also copy of the communication or ratification of the above-mentioned telegram, the appointment of Señor Estrada as governor, the instrument evidencing his oath of office and the power of attorney of said Ashton. "Guayaquil, April 6, 1906. 66 'EM. ESTRADA. "GEORGE ASHTON." The above is a copy of the original, which may be referred to if necessary. The parties hereto approve in all its parts the present instrument, which is to the effect that said parties, in the name of their principals, approve, ratify, and confirm in all its parts the aforesaid contract of February 20 of the current year, of which the present instrument is complementary. They hereby renounce all such laws and provisions as might enable them to in any manner render the provisions of the present instrument less effective. The following documents, in order that they may be inserted in any and all copies hereof, are registered together with and form a part of the present instrument: Communication addressed to the governor in confirmation of the telegram above mentioned, the appointment of Señor Emilio Estrada as governor, instrument evidencing his oath of office, and the power of attorney authorizing said Ashton to act on behalf of the cable company. Having been by me distinctly read from beginning to end to the contracting parties and in the presence of the witnesses Sebastian Velazquez, Pedro Antonio Elizalde, and Salvador Arias, residents of this city, all of full age and having the requisite legal capacity, the present instrument is approved by the contracting parties and simultaneously signed by them, together with the aforesaid witnesses and myself, said witnesses being personally known to me; to all of which I certify. Witnesses: SEBASTIAN VELAZQUEZ. EM. ESTRADA. S. VALLEJO, Notary Public. Decree No. 292 HABANA, December 22, 1906. On the recommendation of the Acting Secretary of Government, I, Charles E. Magoon, Provisional Governor of Cuba, resolve: ARTICLE 1. The Commercial Cable Co. of Cuba, a company organized and incorporated under the laws of the State of New York, is hereby granted per mission to land, at such points on the coast of Cuba as may hereafter be determined in accordance with article 8 of this decree, submarine telegraph cables, connecting with any points on the continental coast of the United States of America; and also to lay the connecting lines between the landing points which may be established on the north coast of the Province of Habana and the office which the company may establish at any point in the city of Habana; and such connecting lines shall be laid in accordance with the provisions of article 9 of this decree. ART. 2. This permission is granted for an indefinite period, without prejudice to the rights of third persons and shall not be construed as granting any monopoly whatever in favor of the grantee. ART. 3. The Government of Cuba reserves the right to suspend this permission or to take possession of the installations, whenever it may deem it neces sary to protect public interests and for such time as it may see fit; as also to restrict, modify, or revoke the permission, when the existence of special laws. concessions, or privileges, emanating from the Congress or the Government of the United States, constitute or might constitute an obstacle to the free exercise of the permission herein granted. In all the cases referred to in this article the Government of Cubia will determine, in its discretion, the compensation or indemnity, if any, to be given the grantee. ART. 4. The grantee shall at all times respect the laws, provisions, or resolutions now in force or which may be issued concerning telegraphic, telephonic, or wireless communication, or any other system which may hereafter be established in the interior of the island of Cuba, in so far as applicable. ART. 5. The Government may issue, with regard to this permission, at any time such regulations and provisions as it may deem advisable for the public interests. ART. 6. The grantee shall establish the rates for the services he may render. in accordance with fixed tariffs, which he shall submit to the Government for approval prior to opening the cable, and for revision every five years thereafter. ART. 7. The grantee may request that one or more specific parts of the works he intends to construct be declared of public utility for all legal purposes, the Government reserving the right at its discretion to grant or deny such declaration in each case. ART. 8. The fixing of the points for the landing of the cables and other works in the Cuban maritime zone and littoral shall be effected with the concurrence and under the inspection of the proper authorities of the Cuban Government. ART. 9. Any connection with the land lines of communication shall be made by officials of the Cuban Government after official permission has been secured therefor. ART. 10. The permission granted in this decree to operate and maintain a cable service between Cuba and the United States shall become operative on and after January 10, 1907. ART. 11. The grantee company shall be obliged to pay the taxes tixed by the provisions of military order No. 463, series of 1900, and in the event of the repeal or modification of the same it shall pay those fixed by the provisions which may hereafter be promulgated. CHARLES E. MAGOON, Provisional Governor. MANUEL SOBRADO, Acting Secretary of Government. [Translation] Annex to the letter from Mr. Bourget of February 7, 1907-Official Gazette of the Republic of Cuba, Habana, Friday, February 1, 1907-Decree No. 117 HABANA, January 30, 1907. On the strength of the application filed by the French Company of Telegraphic Cables to have its Caimanera station declared legalized and for license to exchange local messages between that point and Santiago de Cuba and Guantanamo; Whereas the legalization of the said station for international traffic within the limits of the concession enjoyed by the company will facilitate communications without injuring the interests of the State; Whereas the State has reserved to itself local telegraphic traffic where it has the means of attending to it; Whereas it was noted on several occasions that the Government telegraphic communications between Guantanamo and the main line of the island were not in very good condition and complaints had been made that these communications were at times defective; Whereas when telegrams could not be forwarded on those lines, persons living north and east of Guantanamo were cut off from telegraphic communication with the rest of the island except by way of Caimanera and Santiago: Therefore I hereby order: 1. The station installed at Caimanera by the French Company of Telegraphic Cables is hereby legalized with the right to attend to the traffic within the limits of its concession. 2. The said company is denied the license applied for by it to utilize its lines or stations in Cuba or any part whatsoever of its cable that connects certain points of the island for the transmission of local telegrams between Caimanera and Guantanamo or Santiago, or between any two of the said points except on occasions when the Government is itself unable to take care of the transmission of the telegrams between Guantanamo and any point on the main telegraph system of the island, on which occasions the company will be allowed to exchange telegrams between Guantanamo and Santiago, including telegrams from Guantanamo to or from any point beyond those two last-named stations. CHARLES E. MAGOON, Provisional Governor. MANUEL SOBRADO, Acting Secretary of the Interior. NOTE-The Gaceta Oficial published this decree in Spanish and English. Decree No. 133 HABANA, February 2, 1907. Application having been made by the Commercial Cable Co. of Cuba for a modification of article 6 of decree No. 292, dated November 22, 1906, and published in the Official Gazette of December 26, 1906, on the recommendation of the acting secretary of government, I, Charles E. Magoon, by virtue of the powers vested in me as Provisional Governor of Cuba, hereby resolve: To modify said article 6 of said decree No. 292 of 1906 to read as follows: ART. 6. The grantee shall establish the rates for the services he may render in accordance with fixed tariffs. Such rates shall be reasonable and at no time exceed the rates at present charged by the International Ocean Telegraph Co., as published in the tariff of said International Ocean Telegraph Co. in force on the date of this decree. CHARLES E. MAGOON, Provisional Governor. MANUEL SOBRADO, Acting Secretary of Government. [Inclosure No. 1 with dispatch No. 144] The Minister of Fomento of the United States of Venezuela, duly authorized by the Federal Executive, party of the first part, and party of the second part Mr. Desire Brun, French citizen, transitorily in this city as representative of the French Cable Co., have agreed to celebrate, and do hereby celebrate, the following contract: ARTICLE 1. The national Government grants to the French Cable Co., which hereafter shall be called the contracting company, the exclusive privilege for cable communication from Venezuela to foreign parts, utilizing for said communication the line already established between La Guayra and Curacao, from |