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6th instant, in which you state that the Imperial Japanese Government contents itself with taking due note of the appointment of Mr. Elwood G. Babbitt as vice and deputy consul-general at Yokohama.

In reply I have the honor to inform your excellency that, acting upon the assumption that no further authority was necessary than that contained in your note, Mr. Babbitt has assumed charge of the consulate-general at Yokohama in the absence of Mr. Consul-General Miller, who, on the 20th instant, left Japan temporarily to return to the United States. If I am correct in this assumption, nothing more remains to be said.

If, on the other hand, I am to understand that before Mr. Babbitt is authorized to act under such circumstances a special permission must be obtained from the Japanese Government, then I beg to suggest that practical difficulties may, and doubtless will, arise which make such a course objectionable.

Under the laws and regulations of the United States, the vice-consul, in the absence or disability of his principal, is authorized to perform all the functions of the latter; but before doing so it is presupposed that he has been recognized in that capacity by the Government in whose jurisdiction he is to act. In the absence of such recognition it would become necessary, in every specific case where the chief was absent or disabled, to procure special permission for the vice-consul to act. As several of the American consulates in Japan are remote from the capital, and means of communication are not always speedy, it can be readily understood that several days might elapse between the arising of the contingency in which the vice-consul was authorized to act, and the granting of the permission to enable him to do so. In the meantime the consulate would be closed.

In this view of the case, I venture to suggest that, without desiring any specific form of recognition, it should at least be definitely understood between your excellency's Government and my own that the acknowledgment of notification of appointment, such as is contained in the note to which I now have the honor to reply, without further formalities, shall be sufficient authority for a vice-consul to act in all cases where he is directed to do so by the laws and regulations of the United States.

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Mr. AMBASSADOR: I have had the honor to receive your excellency's note of the 21st ultimo, in continuation of the subject of the appointment and recognition of Mr. Elwood G. Babbitt as United States vice and deputy consul-general at Yokohama.

In my communication of the 20th ultimo I acquainted your excellency that no recognition of Mr. Babbitt's appointment as vice and deputy consul-general was necessary and consequently that the Imperial Government were content with taking note of the appointment. In the note under acknowledgment your excellency informs me that acting upon the assumption that no further authority was necessary than that contained in my communication, Mr. Babbitt had assumed charge of the consulate-general at Yokohama upon the departure of Mr. Consul-General Miller for the United States on the 20th ultimo, and your excellency suggests that unless your assumption is correct, difficulties are likely to arise in maintaining continuity in consular administration.

The Imperial Government do not deem it essential to accord formal recognition to subordinate consular officials, and they are unwilling to grant an exequatur or its equivalent to two principal consular officers for the same post at the same time, believing that that practice, if followed, would give rise to uncertainty and confusion. They had not imagined that any serious inconvenience would be experienced in adhering to the rule usually pursued in other countries in the matter of the designation of substitute consular officers.

But if your excellency's Government, as would seem from your excellency's note, prefer to appoint substitute consular officers before the occasion arises

for them to act as principal consular officers, the Imperial Government can have no objection to that procedure, and will be quite ready at all times to take due note of such appointments, provided that when such substitute officers are to assume charge of consulates, they, the Imperial Government, are duly informed of the fact, in order that they may give the necessary notice to the local authorities concerned.

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SIR: I have the honor to transmit herewith translations of recent ordinances relating to licenses for the practice of medicine and dentistry in Japan.

I have, etc.,

[Inclosure 1.-Translation.]

LUKE E. WRIGHT.

ORDINANCE RELATING TO LICENSES GRANTED BY THE GOVERNMENT IN ACCORDANCE WITH SECTIon 3, paragRAPH 1, ARTICLE 1, OF THE LAW RELATING TO THE PRACTICE OF MEDICINE.

We hereby sanction the ordinance relating to licenses granted by the Government in accordance with section 3, paragraph 1, of the law relating to the practice of medicine, and cause the same to be promulgated.

[SIGN MANUAL.] [PRIVY SEAL.]

SEPTEMBER, 11, 1906.

(Countersigned)

KEI HARA, Minister of Home Affairs

IMPERIAL ORDNANCE NO. 244.

ARTICLE 1. The Government will grant licenses in accordance with section 3, paragraph 1, article 1, of the law relating to the practice of medicine to the following persons:

(1) Those who are nationals of such foreign countries as may be designated by the minister of home affairs, who have obtained a license to practice medicine in their respective countries, and who possess such qualifications as the minister of home affairs may deem satisfactory.

(2) Those subjects of this Empire who are in possession of the diplomas of such foreign medical colleges, or the licenses to practice medicine issued by such foreign governments as the minister of home affairs may designate, and whom the minister of home affairs may deem otherwise duly qualified.

ART. 2. The foreign countries which the minister of home affairs is to designate in accordance with section 1 of the preceding article shall be those countries which grant to the physicians of this Empire licenses to practice medicine without examination.

a This section reads as follows: Graduates of foreign medical colleges, or those who have practiced medicine in foreign countries, who may satisfy the requirements determined by government order.

[Inclosure 2.-Translation.]

ORDINANCE RELATING TO LICENSES GRANTED BY THE GOVERNMENT TO PRACTICE DENTISTRY IN ACCORDANCE WITH SECTION 3, ARTICLE 1, OF THE

LAW RELATING TO THE PRACTICE OF DENTISTRY.

We hereby sanction the ordinance relating to licenses granted by the Government to practice dentistry in accordance with section 3o, article 1, of the law relating to the practice of dentistry and cause the same to be promulgated.

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Licenses to be granted in accordance with section 3, article 1, of the law relating to the practice of dentistry shall be granted only to those who are in possession of diplomas of foreign dental colleges or licenses to practice dentistry issued by foreign governments, and whom the minister of home affairs may deem duly qualified.

SUPPLEMENTARY CONVENTION FOR THE EXTRADITION OF

CRIMINALS.

Signed at Tokyo, May 17, 1906.

Ratification advised by the Senate, June 22, 1906.

Ratified by the President, June 28, 1906.

Ratified by Japan, September 22, 1906.

Ratifications exchanged at Tokyo, September 25, 1906.

Proclaimed, September 26, 1906.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas a Supplementary Convention between the United States of America and His Majesty the Emperor of Japan providing for the addition of the crimes of embezzlement of private moneys or property and larceny to the list of crimes and offences on account of which extradition may be granted between the two countries, was concluded and signed by their respective Plenipotentiaries at Tokyo, on the seventeenth day of May, one thousand nine hundred and six, the original of which Supplementary Convention, being in the English and Japanese languages is word for word as follows:

The President of the United States of America and His Majesty the Emperor of Japan being desirous to add the crimes of embezzlement of private moneys or property and larceny to the list of crimes or offences on account of which extradition may be granted under the Treaty concluded between the two countries on the 29th day of April, 1886 (corresponding to the 29th day of the 4th month of the 19th year of Meiji), with a view to the better administration of

• This section reads as follows: Those who desire to practice dentistry shall have the following qualifications and apply for license to the minister of home affairs. (3) Graduates of foreign dental colleges or those who have practiced dentistry in foreign countries who may satisfy the requirements determined by government order.

justice and the prevention of crime in their respective territories and jurisdictions, have resolved to conclude a Supplementary Convention, and, for this purpose, have appointed as their Plenipotentiaries, to wit:

The President of the United States of America, Huntington Wilson, Chargé d'Affaires ad interim of the United States of America at Tokio, and

His Majesty the Emperor of Japan, Marquis Kinmoti Saïonzi, Shonii, First Class of the Imperial Order of the Rising Sun, His Imperial Majesty's Minister of State for Foreign Affairs;

Who, after having communicated to each other their respective full powers, which were found to be in due and proper form, have agreed to and concluded the following

ARTICLE.

The following crimes are added to the list of crimes or offences numbered 1 to 13 in the second Article of the said Treaty of the 29th day of April, 1886 (corresponding to the 29th day of the 4th month of the 19th year of Meiji), on account of which extradition may be granted, that is to say:

Embezzlement by persons hired or salaried, to the detriment of their employers, where the amount of money or the value of the property embezzled is not less than $200 or 400 Yen.

Larceny, where the offence is punishable by imprisonment for one year or more, or for which sentence of imprisonment for one year or more has been pronounced.

The present Convention shall be ratified and the ratifications shall be exchanged at Tokio as soon as possible.

It shall come into force ten days after the exchange of the ratifications, and it shall continue and terminate in the same manner as the said Treaty of the 29th day of April, 1886 (corresponding to the 29th day of the 4th month of the 19th year of Meiji).

In testimony whereof the respective Plenipotentiaries have signed the present Convention and have affixed thereto their seals.

Done in duplicate at Tokio, in the English and Japanese languages, this 17th day of May, one thousand nine hundred and six (corresponding to the 17th day of the 5th month of the 39th year of Meiji).

[SEAL] [SEAL]

HUNTINGTON WILSON.
MARQUIS SAÏONZI.

And whereas the said Supplementary Convention has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Tokyo, on the twenty-fifth day of September, 1906.

Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Supplementary Convention to be made public, to the end that the same may be observed and fulfilled with good faith by the United States and the citizens thereof.

In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington, this twenty-sixth day of September in the year of our Lord one thousand nine hundred and six, and of the Independence of the United States of America the one hundred and thirty-first.

[SEAL]

By the President:

ALVEY A. ADEE

Acting Secretary of State.

[Japanese text not printed.]

THEODORE ROOSEVELT

DIPLOMATIC INTERVENTION IN CONTENTIOUS MATTERS.

No. 436.]

Chargé Wilson to the Secretary of State.

AMERICAN LEGATION, Tokyo, April 11, 1906. SIR: I have the honor to inclose herewith a copy of a note, dated the 8th instant, whereby the minister for foreign affairs formally gives notice that the Japanese Government will not hereafter entertain diplomatic intervention in regard to contentious matters in respect to which a judicial remedy exists unless such remedy shall have been completely exhausted and a case justifying diplomatic intervention is presented.

This communication, I learn, is in the nature of a circular and has been sent to all the foreign representatives in Tokyo.

I have, etc.,

[Inclosure.-Translation.]

HUNTINGTON WILSON.

The Minister for Foreign Affairs to Chargé Wilson.

DEPARTMENT OF FOREIGN AFFAIRS,

Tokyo, April 8, 1906.)

SIR: During the existence of consular jurisdiction, the Imperial Government were, not infrequently, called upon to consider in a diplomatic way questions in respect of which unexhausted judicial remedies existed. They had expected that this irregular and unusual practice would cease after the system which gave it birth had come to an end.

But that expectation has not been fully realized, and the experience of the last six years has satisfied the Imperial Government that, in order to bring their procedure into harmony with the rule on the subject which prevails in other countries, it is necessary for them to establish by formal notice the change in practice.

Accordingly, the undersigned, His Imperial Majesty's minister for foreign affairs, has the honor to acquaint you that the Imperial Government will be unable hereafter to regard any contentious matter in respect of which a judicial remedy exists as ripe for diplomatic intervention until such remedy has been completely exhausted and a case justifying such interventon is presented. The undersigned, in requesting you to bring this notice to the attention of your Government, begs to renew, etc.,

MARQUIS SAIONJI.

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