John Bassett Moore has no connection with the State Department at the present time.

Mr. MOORES. Except intermittently.

Mr. Rowe. But he is an international lawyer, and one whose word counts for a great deal in all those countries. So that there has been no representation of any department. But, on the other hand, every division of the State Department has given the warmest cooperation. So, if that is to be regarded as indication, I would say that the State Department is ready to support and continue the cooperation in the work of the commission.

Mr. ROGERS. I have repeatedly heard officials high and low in the State Department say that in their judgment the work of this commission should be brought under the Department of State, because it was an international convention, and on the whole it was better for the Nation to concentrate its international functions in one department. I am wondering whether that view is correct or not.

Mr. Rowe. I think in matters which deal with really diplomatic relations, it is entirely true. But there is a great deal to be gained in developing what we might call "unofficial international relations." For instance, take the American College of Surgeons, which is now undertaking to bring itself in close touch with the leading surgeons of all countries of South and Central America; in the same way the American Educational Association is proceeding. In other words, every time we establish ties between groups of men in the United States and in those countries, we take one step forward in the development of real Pan Americanism; and there is some advantage in having these relationships established, each of which is intended to accomplish a particular purpose.

The CHAIRMAN. The present method eliminates diplomacy from these negotiations and makes it more or less as a business undertaking. The commission has been a marked success?

Mr. Rowe. Yes.

The CHAIRMAN. And that is rather a persuasive argument in favor of the present method, is it not?

Mr. RowE. And, as far as relations between the Treasury and the State Department are concerned, whatever feeling may have existed, has never expressed itself in any lack of cooperation, and everyone has shown great self-control in helping us when we wanted cooperation.

Mr. MCGUIRE. Might I suggest in that connection that you would permit me to give you, for the record, the translation of a speech delivered on the 25th of August last year, in the Argentine Senate by the chairman of the committee on constitutional amendments and on the commercial code, in introducing a Spanish version of our uniform bills of lading act, to be incorporated in the commercial code of Argentina? He had a long introduction, explaining the work of this commission and distinguishing it from diplomatic procedure and matters pertaining directly to international relations, showing this to be a technical international union of the same sort as the trade-mark, postal, and other international technical unions. The CHAIRMAN. I think the committee will be glad to have that. Mr. MCGUIRE. It is very brief-only six typewritten pages. (The translation of the speech referred to, subsequently furnished by Mr. McGuire, is here printed in full, as follows:)

COMMERCIAL CODE OF ARGENTINA.

[Translation of speech delivered Sept. 25, 1919, in the Argentine Senate by Dr. Leopoldo Melo, on introducing bill amending commercial code of Argentina by the incorporation of provisions governing bills of lading (United States bills-of-lading act). Official Gazette of the National Congress of the Argentine Republic, Twenty-sixth Congress, forty-third session of the Senate, Sept. 25, 1919, pp. 441-443.]

Mr. PRESIDENT: The object of this bill is to have the Argentine Republic carry out the resolutions adopted by the International High Commission on uniform legislation at the conference held in Buenos Aires in April, 1916.

In the plan of research work drawn up in Washington, and approved later by the Argentine national section, there was incorporated as a second topic "bills of exchange, bills of lading, and other instruments of international commerce." At the conference held at Buenos Aires in 1916 committees were appointed to report on the three topics which made up the program; a discussion of them was held by the entire body of delegates, representatives of the United States, Central America, Cuba, Panama, Haiti, and of all the South American Republics taking part in the debate. Concerning the third topic the resolution was adopted: that with regard to bills of exchange and promissory notes, the convention and uniform regulation of The Hague convention of 1912 should be ratified, with the exceptions expressly established. With regard to bills of lading it was agreed that the sections of the various countries should make a study of the legislation pertaining to these commercial documents and to certificates of deposits, taking as a basis for the proposed uniform law, the one drawn up in the United States.

In April of 1916, when this resolution was adopted, the countries taking part in the conference promised to carry on the work already begun by endeavoring to remove the obstacles to harmonious relations, both commercial and financial, among the American Republics-such obstacles, namely, as arose from conflicting legislation-and to strive for coordinated action in the attainment of material prosperity. Since then these same countries have shown initiative and energy in carrying out their promises, all of which make our efforts seem rather belated as against those of other nations.

Thus, for example, in the United States the work met with happy issue, resulting in the enactment of a Federal law on bills of lading under date of August 29, 1916; that is, at the end of three months from the date of the final session of the international high commission. This accomplishment was the result of long and patient labor.

For some time prior to the conference in Buenos Aires, and before the Pan American Financial Conference in Washington, a movement was abroad in the United States to have a uniform law enacted which would safeguard the rich enterprises represented by bills of lading.

The first steps were taken by establishing certain unofficial bodies, and through their cooperation and by other endeavors, to have a single standard law enacted throughout the States, such as had been passed in the case of bills of exchange, until, as is related in the publications of the central executive council of the United States section of the international high commission, the conference of commissioners on uniform State laws determined to engage Prof. Samuel Williston, of Harvard University, to draw up a proposed law on uniform legislation in the matter of bills of lading, making five preliminary drafts to be submitted to the critical examination of shippers, carrers, and bankers as well as to the committees on mercantile laws established in St. Paul, Philadelphia, Portland, and New York. Finally, at a meeting in Detroit in August, 1909, the last draft was approved, submitted to the gentlemen of the committee on commercial law, who, together with Prof. Williston, proceeded with the final revision.

Mr. Francis B. James, chairman of the committee on commercial law, which committee undertook the task of drawing up the uniform law, in speaking of the origin of the committee and emphasizing the importance of a uniform law on bills of lading, in the course of the proceedings at Detroit, said: "In accordance with the Constitution of the United States, there is a central body-Congress-with limited jurisdiction over certain commercial matters, such as interstate commerce, international commerce, board of admiralty, coinage of money, bankruptcies, copyrights, patents, post offices, and postal routes. There are many enterprises of a commercial character and of national extent which, though not essentially commercial and while circumscribed by State limits, nevertheless, have a direct bearing on commerce.

"Since no central body familiar with these problems existed, this commission was established, with power to recommend to the legislatures of the individual States the speedy enactment of laws on these topics mentioned above, with a view to giving them a national scope, although politically remaining within the limits of each State. In treating of bills of lading and in formulating regulations in this regard it was imperative that the committee on commercial law and the commission should determine the precise nature of the law on bills of lading. In the first place, it was decided that the law of bills of lading was not the law governing carriers. The carrier's law defines the rights and corresponding duties of shippers and carriers as well as whatever is determined by common law, excepting as for the requirements made by special laws on the subject.

"The law of bills of lading as it should be interpreted and as the commission has viewed it treats of bills of lading in their character as a title or right; that is, as commercial paper. The commissioners, therefore, in drafting the uniform law on bills of lading have considered bills of lading as being primarily legal titles to merchandise—that is, as commercial paper-and, secondly, as instruments defining the relations between shipper and carrier in so far as they refer to them."

Further on he adds:

"The order bill of lading is an instrument to facilitate commerce, the importance of which is not generally recognized. It is not only a certificate that merchandise is in transit, but also a prime facie title to said merchandise, and, in this capacity, a bill of lading is a negotiable instrument."

The theory of the common law in regard to bills of lading may be expressed in these terms:

A bill of lading is a mark of ownership. The delivery or transfer of a bill of lading is, in effect, a transfer of property, but just as property or goods may be delivered without a transfer of title and without preventing the owner from presenting his title against whomsoever has bought the goods in good faith from the possessor, so in the case of a bill of lading the original owner of the merchandise can always prove the real character of the transaction even against a purchaser in good faith. On the other hand, merchants and bankers consider a bill of lading as a certificate of title and at the same time a mark of ownership.

While the work of the commissioners with regard to uniform laws and the drafting of the proposed bill of lading was progressing favorably, Senator Pomerene drew up and submitted to the United States Senate on April 28, 1913, the Federal bill of lading act, a bill whose object was to put uniformity in all legislation pertaining to bills of lading, and this bill with certain modifications became a Federal law on August 29, 1916.

While the activities of the commissioners to obtain uniform laws within the territory of the United States were being prosecuted, in such fashion as I have sketched, other measures no less effective and of international scope were being advanced by the Government of the United States to establish more extensive and satisfactory commercial relations among the countries of South and Central America and the United States.

This action on the part of the Federal Government began with the incorporation into the consular and diplomatic budget-approved March 4, 1915-of an appropriation to meet the expenses of a Pan American Financial Conference, whose object was "to establish more extensive and mutually beneficial relations among the American Republics." It was decided to hold the conference in Washington during the same year, 1915, for the attendance of which 43 delegates accepted invitations.

Among the resolutions adopted at the Conference is found that relative to the establishment of the International High Commission as a permanent body and the assignment to it of the problems toward whose solution it would direct its researches. It was also decided that the next conference should convene in Buenos Aires, April, 1916.

This last resolution was carried out; the conference having been held in Buenos Aires from the 3d to the 12th of April. The United States and the other American nations were represented by noted statesmen, lawyers, and professors, in proof of which it is sufficient to mention the names of such men as McAdoo, Fletcher, Warburg, Untermeyer, Fahey, Kains, Villasón, Calvo, Pandia, Calogeras, Inglés de Sousa, Manuel Salinas, Isquierdo, Edwards, Ayala y Jimenez de Aréchaga.

With regard to the third topic, relative to bills of lading, the resolution which the conference adopted recommended a special study of legislation pertaining to these commercial documents and to take as a model for the project of law or uniform legislation the one proposed in the United States. Scarcely three months had elapsed from the final session of the International High Commission in 1916, when in August of the same year, the Pomerene bill, with certain modifications, became a Federal law in the United States. In a document presented to the United States Senate during the first session of th 64th Congress, statistics were adduced proving the necessity of uniform Federal legislation. According to these statistics there were issued bills of lading which represented merchandise valued at $25,000,000,000, and it was calculated that the banks have advanced cash on bills of lading for more than $5,000,000,000; all of which made clear the urgent necessity of enacting laws to safeguard the rights of the owners or holders of such instruments.

Among the European nations during the last 30 years prior to the war the adoption of uniform regulations on freight insurance (pólia de fletamentos) and bills of lading has been the subject of deep study on the part of shippers. bankers, underwriters, chambers of commerce, and scientific associations, such as the International Maritime Committee.

The abuses and frauds which can take place in transactions based on duplicates of the same bill of lading have caused measures to be taken to eliminate the possibility of a double negotiation of a bill, and it is sufficient to recall the words of Lord Blackburn in the Glin East v. West India Dock case which Carver cites, in which he says that he could not understand why there should be sent separate copies of a bill of lading, all negotiable, nor why the value of the original negotiable instrument was not stipulated on one single document, the others being mere copies.

Granting the importance that the bill of lading acquires each day in its character as a title to values (valores) in sale transactions, and as a guarantee of merchandise in transit, and of advance payment by bankers, I have inserted in the proposed bill as a measure of security for these enterprises, clauses by which a single instrument may be negotiable and that this be clearly stated in the written form of the bill of lading.

In the conference held in Paris in October, 1911, at the instigation of the international maritime committee, investigation was begun upon a proposed international code of freight insurance (fletamento). This was further discussed in the conference at Copenhagen in May of 1913. The proceedings of the conference were published in November of the same year, and I have incorporated in the present bill such of the resolutions adopted by this conference as are adaptable without changing the tenor of the Federal law of the United States, which I have followed as a norm.

During the month of January, 1920, there will be held in Washington the second Pan-American Financial Congress in fulfillment of one of the resolutions adopted by the International High Commission. The Argentine delegation recently appointed to take part in this conference will be able to present their project of law as a forward step toward the fulfillment of its obligation contracted in 1916.

With regard to the articles forming the main part of the proposed law, I repeat that they have been modeled on the text of the Federal law of August, 1916. The modifications which I have introduced do not affect the essential guarantees which this law creates to safeguard the negotiation and circulation of these bills of lading, but, on the contrary, tend to make them specific and to define the nature of these documents in harmony with the resolutions adopted during the last session of the international maritime committee.

I have also thought it expedient to add an article setting forth the fact that "through bills of lading" also come within the scope of this law, by reason of the fact that these documents are to-day in frequent use in the shipment of merchandise that is to be carried partly by rail and partly by water.

With the above exposition of the essential elements of the project of law I submit the same for the distinguished consideration of the Senate.

Mr. Rowe. Mr. Chairman, if I may close the presentation of the International High Commission with reference to the appropriation, I may say that there have been three appropriations made for the

commission. The results that have been secured have been secured at a practically negligible cost to the United States by reason of the fact that we have a group of men on the United States section who are deeply interested in the plan and who were ready to serve the Government without any remuneration.

The CHAIRMAN. It is quite extraordinary to me that you can get along on $30,000.

Mr. Rowe. The members of the United States section of the commission represent the highest expert talent and are giving their services without compensation. The only expense we have had has been a staff of experts necessary to carry on the work, a comparatively small expenditure for printing, stationery, telephone, and telegraph, and furniture. We have had no rent to pay owing to the fact that the quarters were furnished to the commission in the Treasury Building.

The reason that for the fiscal year 1920 an increase of $5,000 as against the preceeding year, is due to the fact that on the 19th of this month the Second Pan American Financial Conference will assemble and the International High Commission during the coming year will therefore have in addition to the unfinished business that was left over from the first conference, the realization of an entirely new program, carrying into execution the entire program of the financial conference which is about to assemble in Washington. I will say that the foreign delegations that are coming from all the most important countries are presided over by the respective ministers of finance. The Minister of Finance of Argentina heads the Argentine delegation; the Bolivian delegation is headed by a man who has until just recently been Minister of Finance, one of the leading men of the country; the same is true of the Chilean delegation, which has two ex-ministers of finance; the Minister of Finance of Haiti; the Minister of Finance of Nicaragua is the head of that delegation; the head of the Paraguay delegation is its Minister of Finance; the Minister of Finance of Peru, of Salvador, and Uruguay, and so on.

Mr. ROGERS. Just one more question, Mr. Chairman.

The CHAIRMAN. Yes, certainly.

Mr. ROGERS. I think we ought to have for examination, if not in the form of testimony in the form of an exhibit to be printed, a recapitulation of the expenditures for the current fiscal year, so far as you can now get them.

Mr. Rowe. Would you like them in greater detail than indicated on this card [exhibiting card to Mr. Rogers].

Mr. ROGERS. That is precisely the sort of thing I had in mind. Mr. Rowe. And here is the estimates of the distribution of the appropriation that is asked for [indicating card].

Mr. ROGERS. Can those be printed in the record as they stand? I think that would give the committee splendid information-just give the principal headings.

(The data asked for by Mr. Rogers was subsequently furnished by Mr. Rowe and is here printed in full, as follows:)

First appropriation (available Feb. 15, 1916 to Oct. 1, 1918), public No. 15, 64th Cong., approved Feb. 7, 1916.

$40,000.00