the line of the thalweg of those rivers as the frontier-line, the islands situated between the left bank of the said rivers and the lines of their thalweg to belong to Portugal, and those situated between those lines of thalweg and the right bank of the said Rivers Ruo and Shire to belong to Great Britain, these lines being determined according to the condition of the two rivers in 1908. In this manner the islands belonging to Portugal will be: Sankalani and the adjacent islands, Masekodoso, which is downstream from the village of Mlolo, those at the mouth of the Ruo, Ngoma, Msamvu No. 1, Dumba Chakao, Nyamula, Kalumbe, Kalikovani, and Chezuka, as shown on the attached map of the Ruo and Shire Rivers. And to Great Britain: The islands of Malô, Nyantambwe, Nyapembere, Nyafunzi, Msamvu No. 2, Tengana, Panga, Temba, and the two islands of Kutamo, as shwon on the attached map of the Ruo and Shire Rivers.

The Governments of Portugal and Great Britain bind themselves to respect the frontier-line laid down by this Agreement, and to recognise as Portuguese and British territory respectively the islands above indicated, in conformity with the provisions of the Treaty of the 11th June, 1891. I have much pleasure in notifying to your Excellency the acceptance by the Government of the Republic of this Agreement, which is thus definitively recorded in the present note and in that from your Excellency under reply.

I avail, &c.

Augusto De Vasconcellos.

Nr. XXIV. Britisch - portugiesisches Grenzabkommen betr.

Der britische Gesandte in Lissabon an den portugiesischen Minster der auswärtigen Angelegenheiten.

Your Excellency.

Lisbon, July 22, 1912.

In accordance with the wish expressed in your Excellency's note of the 19th instant, I have the honour to transmit to you herewith a printed description of the Barue section of the Anglo-Portuguese boundary, from the River Mazoe to parallel 18° 30′ south, containing the verbal addition desired by the Portuguese Government, together with a map (in two sheets) of the boundary in question.

I am instructed by His Majesty's Principal Secretary of State for Foreign Affairs to inform you that His Majesty's Government accept the description therein contained of the Anglo-Portuguese boundary; and I have consequently attached my signature to the three documents in question.

I request your Excellency to be good enough to notify to me the acceptance of this boundary by the Portuguese Government, and to transmit to me similar signed copies of the description and map.

I avail, &c. Arthur H. Hardinge.

(Antwort entsprechend.)

Territoriale

der

B. Urkunden betr. internationales Schiff

fahrtswesen.

XXV. Dokumente betr. den Panamakanal.

a) Das amerikanische Panamakanalgesetz vom 24. August 1912. (,,an Act to provide for the opening, maintenance, protection, and operation of the panama canal, and the sanitation and government of the canal zone".)

Be it enacted by the Senate and House of Representatives of the United Ausdehnung States of America in Congress assembled, That the zone of land and land Kanalzone. under water of the width of ten miles extending to the distance of five miles on each side of the center line of the route of the canal now being constructed thereon, which zone begins in the Caribbean Sea three marine miles from mean low-water mark and extends to and across the Isthmus of Panama into the Pacific Ocean to the distance of three marine miles from mean low-water mark, excluding therefrom the cities of Panama and Colon and their adjacent harbors located within said zone, as expected in the treaty with the Republic of Panama dated November eighteenth, nineteen hundred and three, but including all islands within said described zone, and in addition thereto the group of islands in the Bay of Panama named Perico, Naos, Culebra, and Flamenco, and any lands and waters outside of said limits above described which are necessary or convenient or from time to time may become necessary or convenient for the construction, maintenance, operation sanitation, or protection of the said canal or of any auxiliary canals, lakes, or other works necessary or convenient for the construction, maintenance, operation, sanitation, or protection of said canal, the use, occupancy, or control whereof were granted to the United States by the treaty between the United States and the Republic of Panama1), the ratifications of which were exchanged on the twentysixth day of February, nineteen hundred and four, shall be known and designated as the Canal Zone, and the Canal now being constructed thereon shall hereafter be known and designated as the Panama Canal. The Presi

1) Hay - Varilla - Vertrag. Vgl. Zeitschrift für internationales Recht, XXII 401; Staatsarchiv LXIX 313; AJ. III 130; RG XI d. 22; NRG 2s XXXI 599; Fleischmann 322; Strupp II 204.

dent is authorized, by treaty with the Republic of Panama, to acquire any additional land or land under water not already granted, or which was excepted from the grant, that he may deam necessary for the operation, maintenance, sanitation or protection of the Panama Canal, and to exchange any land or land under water not deemed necessary for such purposes for other land or land under water which may be deemed necessary for such purposes, which additional land or land under water so acquired shall become part of the Canal Zone.

Sec 2. That all laws, orders, regulations and ordinances adopted and promulgated in the Canal Zone by order of the President for the government and sanitation of the Canal Zone and the construction of the Panama Canal are hereby ratified and confirmed as valid and binding until Congress shall otherwise provide. The existing courts established in the Canal Zone by Executive order are recognized and confirmed to continue in operation until the courts provided for in this Act shall be established.

Grundlage

des präsidentiellen Verordnungsrechts für die

Kanalzone.

zur

Sec. 3. That the President is authorized to declare by Executive order Recht des that all land and land under water within the limits of the Canal Zone is Präsidenten necessary for the construction, maintenance, operation, sanitation, or protection Enteignung. of the Panama Canal and to extinguish, by agreement when advisable, all claims and titles of adverse claimants and occupants. Upon failure to secure by agreement title to any such parcel of land or land under water the adverse claim or occupancy shall be disposed of and title thereto secured in the United States and compensation therefor fixed and paid in the manner provided in the aforesaid treaty with the Republic of Panama, or such modification of such treaty as may hereafter be made.

Recht des Präsidenten

zur

Aufhebung der Isthmian Canal Commission".

Sec. 4. That when in the judgment of the President the construction of the Panama Canal shall be sufficiently advanced toward completion to render the further services of the Isthmian Canal Commission unecessary the President is authorized by Executive order to discontinue the Isthmian Canal Commission, which together with the present organisation, shall then cease to exist; and the President is authorized thereafter to complete, govern and operate the Panama Canal and govern the Canal Zone, or cause them to be completed, governed, and operated through a governor of the Panama Canal Gouverneur. and such other persons as he may deem competent to discharge the various duties connected with the completion, care, maintenance, sanitation, operation, government, and protection of the Canal and Canal Zone. If any of the persons appointed or employed as aforesaid shall be persons in the military or naval service of the United States, the amount of the official salary paid to any such person shall be deducted from the amount of salary or compensation provided by or which shall be fixed under the terms of this Act. The governor of the Panama Canal shall be appointed by the President, by and Ernennung with the advice and consent of the Senate, commissioned for a term of four Präsidenten years, and until his successor sball be appointed and qualified. He shall receive a salary of ten thousand dollars a year. All other persons necessary des Senats.

durch den

unter Zustimmung

Beamten.

for the completion, care, management, maintenance, sanitation, government, operation, and protection of the Panama Canal and Canal Zone shall be Ernennung appointed by the President or by his authority, removable at his pleasure, der übrigen and the compensation of such persons shall be fixed by the President, or by his authority, until such time as Congress may by law regulate the same, but salaries or compensation fixed hereunder by the President shall in no instance exceed by more than twenty-five per centum the salary or compensation paid for the same or similar services to persons employed by the Government in continental United States. That upon the completion of the Panama Canal the President shall cause the same to be officially and formally opened for use and operation.

Recht des

zur

Before the completion of the Canal, the Commission of Arts may make report to the President of their recommendation regarding the artistic character of the structures of the canal, such report to be transmitted to Congress. Sec. 5. That the President is hereby authorized to prescribe and from Präsidenten time to time change the tolls that shall be levied by the Government of the Auferlegung United States for the use of the Panama Canal: Provided, That no tolls, von Kanalabgaben. when prescribed as above, shall be changed, unless six month'notice thereof Ein- shall have been given by the President by proclamation. No tolls shall be schränkungen. levied upon vessels engaged in the coastwise trade of the United States. Frist bei Aenderung That section fourty-one hundred and thirty-two of the Revised Statutes is der Abgabenverordnungen. hereby amended to read as follows:

1.

2. Abgabenfreiheit der

fahrzeuge.

Fahrzeuge.

Sec. 4132. Vessels built within the United States and belonging amerikanisch. Wholly to citizens thereof; and vessels which may be captured in war by Küsten- citiziens of the United States and lawfully condemned as prize, or which may Begriff der be adjudged to be forfeited for a breach of the laws of the United States amerikanisch. and seagoing vessels, whether steam or sail, which have been certified by the Steamboat-Inspection Service as safe to carry dry and perishable cargo, not more than five years old at the time they apply for registry, wherever built, which are to engage only in trade with foreign countries or with the Philippine Islands of Guam and Tutuila, being wholly owned by citizens of the United States or corporations organized and chartered under the laws of the United States or of any State thereof, the president and managing directors of which shall be citizens of the United States and no others, may be registered as directed in this title. Foreign built vessels registered pursuant to this Act shall not engage in the coastwisetrade: Provided, that a foreign-built yacht, pleasure boat, or vessel not used or intended to be used for trade admitted to American registry pursuant to this section shall not be exempt from the collection of ad valorem duty provided in section thirty-seven of the Act approved August fifth, nineteen hundred and nine, entitled "An Act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes". That all materials of foreign production which may be necessary for the construction or repair of vessels built in the United States and all such materials necessary

for the building or repair of their machinery an all articles necessary for their outfit and equipment may be imported into the United States free of duty under such regulations as the Secretary of the Treasury may prescribe: Provided further, That such vessels so admitted under the provisions of this section may contract with the Postmaster General under the Act of March third, eighteen hundred and ninety-one, entitled „An Act to provide for ocean mail service between the United States and foreign ports, and to promote commerce", so long as such vessels shall in all respects comply with the provisions and require ments of said Act."

Tolls may be based upon gross or net registered tonnage, displacement tonnage, or otherwise, and may be based on one form of tonnage for warships and another for ships of commerce. The rate of tolls may be lower upon vessels in ballast than upon vessels carrying passengers or cargo. When based upon net registered tonnage for ships of commerce the tolls shall not exceed one dollar and twenty-five cents per net registered ton, nor be less, other than for vessels of the United States and its citizens, than the estimated proportionate cost of the actual maintenance and operation of the canal subject, however, to the provisions of article nineteen of the convention between the United States and the Republic of Panama, entered into November eighteenth, nineteen hundred and three. If the tolls shall not be based upon net registered tonnage, they shall not exceed the equivalent of one dollar and twenty-five cents per net registered ton as nearly as the same may be determined, nor be less than the equivalent of seventy-five cents per net registered ton. The toll for each passenger shall not be more than one dollar and fifty cents. The President is authorized to make and from time to time amend regulations governing the operation of the Panama Canal and the passage and control of vessels through the same or any part thereof, including the locks and approaches thereto, and all rules and regulations affecting pilots and pilotage in the canal or the approaches thereto through the adjacent waters.

Such regulations shall provide for prompt adjustment by agreement and immediate payment of claims for damages which may arise from injury to vessels, cargo, or passengers from the passing of vessels through the locks under the control of those operating them under such rules and regulations. In case of disagreement suit may be brought in the district court of the Canal Zone against the governor of the Panama Canal. The hearing and disposition of such cases shall be expedited and the judgment shall be immediately paid out of any moneys appropriated or allotted for canal operation.

Unfallver

The President shall provide a method for the determination and adjustment of all claims arising out of personal injuries to employés thereafter ordnungen. occurring while directly engaged in actual work in connection with the construction, maintenance, operation, or sanitation of the Canal or of the Panama Railroad, or of any auxiliary canals, locks, or other works necessary and