[Inclosure in No. 161.-Translation.]

Said Pasha to Mr Straus.

MINISTRY OF FOREIGN AFFAIRS,
Constantinople, January 19, 1889.

SIR: In response to the note your excellency kindly addressed to me, dated June 16 last, I have the honor to inform you that the necessary communications have been made to the ministry of public instruction, so that no impediment shall be made to the printing of the Bible.

Please accept, etc.,

Mr. Bayard to Mr. Straus.

SAID.

No. 180.]

DEPARTMENT OF STATE,
Washington, January 21, 1889.

· SIR: I transmit herewith a copy of a letter from Messrs. La Forme and Frothingham, merchants of Boston, dated the 7th instant, stating that the municipal authorities of Smyrna have under consideration a plan to compel all importations of refined petroleum to be stored in a public warehouse in the city, and that by its operation, if determined upon, they will be put to great and heavy expense.

This is the revival of a question which we had hoped had been finally settled on a previous occasion.

In 1882 a similar complaint was made by the above-mentioned and other firms to the Department. Concessions had been granted to parties at Smyrna and other Turkish ports for the erection of warehouses for petroleum, and this authority of law was invoked to support the private monopoly by prohibiting its storage elsewhere. The charge then made was 8 per cent., thus doubling the rate of duty established by the treaty of 1862. This fact, and the loss which would result to our merchants, being represented to the Government of the Sultan, the concessions were promptly revoked.

It would now appear that another attempt to establish a monopoly in the storing of petroleum is contemplated. It is not alleged that the grant is to private persons, yet it is not the less a monopoly though the warehouses belong to the municipality of Smyrna or the Turkish Gov

ernment.

It can not be pretended, which would alone justify this measure, that it is necessary for the safety of the inhabitants of Smyrna. I willingly admit the right of a municipality to make all reasonable regulations to provide against accident from the handling and storing of dangerous substances. But refined petroleum of the usual standard fire-tests is nonexplosive, not liable to spontaneous ignition, and when stored in sealed tin cases but slightly inflammable. In this country, where millions of cases are constantly handled for export, the origination of a fire in a petroleum storage warehouse is almost unknown. Besides, the warehouse of Messrs. La Forme and Frothingham is outside the city limits. In 1873 the storing of petroleum within the limits of the city of Smyrna or within two kilometers thereof was prohibited, and Messrs. La Forme and Frothingham erected at an expense of $20,000 a stone building for the reception of their shipments in the suburb of Cordelio. Indeed, if the step which the authorities of Smyrna are said to have under consideration be for the sake of greater security it will have exactly the opposite effect to that intended. The storage of large quantities of petroleum in a thickly.

built city, where fires originating in surrounding buildings are frequent, is attended with danger. This is shown by the difficulty of obtaining insurance under such circumstances and the high rates asked, which adds an unnecessary charge upon merchants not imposed when isolated suburban storage is resorted to.

Petroleum is one of the most important products of this country, and large sums of money have been invested in the commerce with Turkey. Turkey is not herself a large producer, and can have no reason for unnecessarily hampering its importation. I see no argument which can be now adduced for any such restriction that was not fully met in 1882, while the proposed action of the authorities at Smyrna of entailing an arbitrary and monopolistic tax for storage would be held, as it was then, contrary to tariff stipulations and international law.

I am persuaded that the Turkish Government is as yet unaware of this matter. You will therefore bring it to their attention, and use such endeavors as in your discretion may seem proper against the unreasonable restrictions on the trade in American petroleum, and especially any regulations which, like this complained of by Messrs. La Forme and Frothingham, operate as a practical discrimination against the interests of American importers, who, having at great expense effectively complied with the previous requirements of municipal law, have acquired with the full sanction of the authorities rights which may be regarded as vested and confirmed, and of the enjoyment of which they may not equitably be deprived without compensation.

In this connection I beg to refer you for your information to the Department's Nos. 11, 42, and 65, to Mr. Wallace's of September 4, 1882, January 16, and March 24, 1883, respectively; and Mr. Wallace's Nos. 98, of June 9, and 129, of September 30, 1882, published in Foreign Relations for 1882 and 1883, which contain the correspondence then had with our legation on this subject. You would do well to consult also Mr. Heap's report, contained in Mr. Cox's No. 34, of October 20, 1885, on the regulation of imports of petroleum in Turkey.

I am, etc.,

[Inclosure in No. 180.]

T. F. BAYARD.

Messrs. La Forme and Frothingham to Mr. Bayard.

BOSTON, January 7, 1889.

SIR: We are advised by Messrs. Reggio and Belhomme, our correspondents and representatives in Smyrna, Turkey, that the municipality of Smyrna has under consideration a scheme to compel all importations of refined petroleum to be stored in a public warehouse of the city, a scheme which would involve unusual and heavy expenses upon our shipments of petroleum to that port.

In the year 1873 the local authorities of Smyrna decided to prohibit the storage of petroleum in large quantities within the limits of the city, and in consequence we immediately caused to be erected in the suburbs of the city at Cordelio, situated on the harbor and opposite the city, a stone warehouse, at an expense of about £4,000 sterling for the storage of our petroleum. The scheme now under consideration would make this warehouse nseless and would involve a heavy loss for us.

Our representatives, Messrs. Reggio and Belhomme, have protested before the local authorities against their scheme, and have appealed to the United States legation in Constantinople and to the United States consul in Smyrna for their interference to protect us against the injustice and loss with which we are threatened.

We would now respectfully request that your Department may instruct the United States minister at Constantinople and the United States consul in Smyrna to recognize Messrs. Reggio and Belhomme as our representatives until further notice, and to do all in their power to maintain our rights in the premises.

Yours, very respectfully,

LA FORME AND FROTHINGHAM.

No. 183.]

Mr. Bayard to Mr. Straus.

DEPARTMENT OF STATE,

Washington, January 31, 1889.

SIR: Your dispatch, No. 156, of the 10th inst., in further reference to the mode of permitting the practice of medicine in Turkey under a foreign diploma, which formed the subject of my instruction No. 131, of the 12th September last, has been received.

Your present report shows that the necessity of a full examination in medicine, according to the Turkish requirements, depends, in the case of a person holding a foreign medical diploma, on the fact whether the institution granting such diploma is maintained by and under the guaranty of the State, or is a private concern.

The medical institutions in the several States of the United States are chartered under State laws, and regulated thereby. While it would be perfectly practicable, in case inquiry were made of us by the Government of the Porte, to obtain from the executive of any sovereign State a certificate of the status of any designated chartered institution of learning within such State, which would probably satisfy the reported Turkish requirement, there is no general official knowledge on the part of this Department, or on your part, that would enable you to certify under the seal of your legation to the status of American medical colleges, of which the diplomas might be presented to you.

You are correct, therefore, in assuming, as you do by the light of my instruction, No. 131, of 12th September, 1888, that the Department has no further instructions to give you in the matter at present.

A copy of your No. 156 will be sent to the Secretary of the Interior for the information of the Commissioner of Education.

I am, etc.,

T. F. BAYARD.

No. 172.]

Mr. Straus to Mr. Bayard.

LEGATION OF THE UNITED STATES, Constantinople, February 8, 1889. (Received February 25.) SIR: In reply to your instruction No. 180 of 21st ultimo, with inclosure, copy of letter from Laforme and Frothingham, respecting the proposed action of the authorities at Smyrna concerning the storage of petroleum, I have the honor to report:

In the early part of December, 1888, this matter came before me through the office of the consul-general, and I immediately sent a note to the Sublime Porte, dated December 6, 1888, of which I inclose a copy for your information.

At the same time I spoke personally with the minister of foreign affairs, expanding my views upon the subject, as the matter seemed to be urgent, in that it was reported that the proposed action would be taken forthwith.

The minister of foreign affairs promised me that he would at once telegraph to the governor-general at Smyrna instructing him to take no action in the matter, as it was under consideration between him (the minister) and myself. He further promised that no action would be taken by the Sublime Porte until after further discussion with me, and that he would advise me of any action that might be contemplated.

I have carefully noted your explicit directions, and the matter will have my attention, should any further action on my part become necessary under the circumstances above stated.

EXCELLENCY: I herewith have the honor to bring to the attention of Your Excellency a protest made by Messrs. Reggio and Belhomme, of Smyrna, representing Messrs. Laforme and Frothingham, citizens of the United States, whose principal establishment is in the city of Boston, in the said United States.

By the inclosed protest and the report of our consul at Symrna, it appears that an attempt is being made by the vali of Aidin to compel the agents of the said Laforme and Frothingham to transfer within two weeks their petroleum from their own stores into stores provided by the municipality, and to enforce excessive payments for storage.

In view of the fact that the stores of Reggio and Belhomme, the agents of Messrs. Laforme and Frothingham, were built at a great cost pursuant to a regulation made by the vali of Symrna in 1873, the proposed present regulation is in direct conflict with vested property rights, and is arbitary and unjust.

I deem it my duty to make a positive protest against the proposed action of the vali of Aidin, and trust your excellency will cause orders to be sent at once to Symrna with a view of preventing such action being taken.

I have not entered upon an extended argument in this note, first, because I desired to bring this official protest to your excellency's notice with as little delay as possible, and secondly, because the subject-matter is fully stated in the inclosed protest of Reggio and Belhomme.

Accept, etc.,

Mr. Bayard to Mr. Straus.

O. S. STRAUS.

No. 186.]

DEPARTMENT OF STATE,
Washington, February 13, 1889.

SIR: In connection with my No. 183 of the 31st ultimo concerning the Ottoman Government's regulations respecting foreign medical di plomas, I have now to apprise you of the receipt of a letter from the Secretary of the Interior, dated the 9th instant, inclosing one to him from the Commissioner of Education, in which he expresses his thanks for the important information reported in your dispatch No. 156 of January 10, 1889.

I am, etc.,

SIR: Herewith I have the honor to inclose copy of a memorandum delivered to me on the 12th instant by the Rev. Henry O. Dwight, of the levant agency of the American Bible House, at Constantinople. By this report it appears that the Ottoman authorities in the vilayet of

714

Van, a province in eastern Turkey near the Persian frontier, have closed, several schools of the American missionaries in that locality. The number is not stated, but I learn it is four or five. It is stated that the managers of said schools have complied with the regulations requiring the submission by them to the vilayet authorities of a list of the books uged in such schools, together with the curriculum of studies, and the certificates of the teachers.

I presented the matter on yesterday to his highness the Grand Vizier, and he promptly telegraphed to the vali, or governor-general of Van, to permit the re-opening of said schools, if they have complied with the provision of the school laws above referred to. There may be some delay in having these orders promptly complied with. I am of opinion that I shall succeed in having them re-opened without unreasonable postponement.

I learn that the original cause for closing these schools was because of their managers neglecting or refusing to submit to the regulations I surmise that even now there continues in that above referred to. respect some evasion. We have long since admitted the propriety and justice of these requirements, yet there is a tendency on the part of certain managers in distant provinces to evade the law.

I have, etc.,

[Inclosure in No. 178.]

O. S. STRAUS.

Memorandum drawn up by Rev H. O. Dwight.

(1) About ten years ago (1878) the American missionaries residing at Van established a common school in the village of Agautz in the Sanjak of Arjish (vilayet of Van). The school has been carried on without objection from the local authorities, and in 1886, on receipt of the instructions contained in the letter of Mr. Pendleton King, dated December 13, 1886, it complied with the regulations there set forth, and has done nothing contrary to these regulations.

In the summer of 1887 the governor-general of the province, Halil Pasha, ordered Dr. G. C. Raynolds, the American missionary responsible the school to be closed. for the school, applied to the director of the instruction in the province for a removal of the instructions laid on this school, pointing out that it had existed for a number of years and had conformed to the law in all respects.

After long delays Dr. Raynolds received, on the 7th of February, 1889, a verbal communication from the director of instruction (Mearif Mudiri) of the province to the effect that the school could not be re-opened, since certain Armenians in the village objected to the existence of a Protestant school at Agautz.

Dr. Raynolds then pointed out that the school was opened at the request of the Protestant families residing in the village, and had violated none of the school regulations.

The director of instruction then remarked that the continuance of the school was in violation of a new school law. He, however, refused to furnish Dr. Raynolds with a copy of the law, or to give his refusal to authorize the re-opening of the school in writing.

Since it is evident that there is no law of the Empire making the continuance of the schools of Americans dependent upon the consent of the population, no one being forced to attend such schools, it is hoped that the governor-general of Van may be instructed to cease interposing his prohibition against the continuance of this school.

(2) The American missionaries residing at Urmiah, in Persia, have for many years conducted schools in several villages in the plain of Gawar, district of Hakkiari, province of Van, near the Persian frontier.

These schools were summarily closed in the early part of 1888, and on the recommendation of the United States legation care was taken to conform to section 129 of the school law. In October of 1888 the schools were re-opened without objection Subsequently, however, the governor-general of Van from the local authorities. ordered the schools to be closed, and required a fresh presentation of books and course of study to his office.

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