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United States Department of State / Foreign relations of the United States diplomatic papers, 1937. The British Commonwealth, Europe, Near East and Africa

Italy,   pp. 435-506 PDF (27.1 MB)

Page 500

assault on board which, by Italian law, constitutes a crime. Would
it not be preferable to embody existing practice and leave to the Con-
sul's jurisdiction all troubles on ships which do not disturb the peace
of the port. Those which do would come under local police regula-
tions but no arrests could be made on board unless the Consul's consent
has been asked which has always been given.
711.6521/224: Telegram
   The Secretary of State to the Ambassador in Italy (Phillips)
                            WASHINGToN, January 15, 1937-7 p. m.
  5. Your No. 5, January 4, 6: 00 p. m.
  (1) You are authorized to eliminate the words "so far as they
relate to official compensation" in paragraph 2 of article 3.
  (2). The proviso recognizing the jurisdiction of local authorities
in wage disputes seems necessary under the Seamen's Act of 1915.58
Provisions in conflict with that Act in the Consular Conventions of
1878 and 1881 were terminated by Agreement with Italy. See Foreign
Relations of the United States for 1915 and 1917. That Act represents
the settled policy of the United States with reference to jurisdiction in
the United States. It is deemed unwise to attempt to change that act
by treaty, and of course this Government can not ask for greater
jurisdiction of its own consular officers over American ships or sea-
men in foreign ports.
  (3). In respect of acts constituting crimes according to the law of a
State of the Union, committed on board vessels when within the limits
of such State, it has heretofore been the Department's policy not to
seek to interfere by treaty with State jurisdiction. It is deemed to be
undesirable to change this policy.
       The Charge in Italy (Kirk) to the Secretary of State
No. 342                                      ROME, April 29, 1937.
                                               [Received May 12.]
  SIR: With reference to the Embassy's despatch No. 176 of January
25, 1937 59 concerning the submission to the Italian Minister for For-
eign Affairs of the draft of the Consular Convention to be negotiated
between the United States and Italy, I have the honor to inform the
38 Stat. 1164.
Not printed.

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