American Legation,
Habana,
Cuba, May 6,
1905.
No. 1241.]
Mr. O’Farrill in a recent interview agreed that a message should be
prepared and sent to Congress.
Mr. Palma’s prompt action indicates the pressure of interested persons
who will without doubt push matters to a favorable issue, if it is
possible to do so. * * *
[Inclosure.—Translation.]
Message of the President of
Cuba to the Cuban
Congress.
It is the duty of the Executive to submit to the consideration of the
Congress a matter of serious importance, as it comes within our
obligations respecting the United States. I refer to the plan for
the sewering and paving of the city of Habana. These works, besides
being included by their nature in article 5 of the constitutional
appendix, are specifically mentioned in the letter of transfer of
the government of the island, addressed by Gen. Leonard Wood on the
20th of May, 1902, to the President of the Republic and to Congress.
The paragraphs of said letter concerning this matter and other works
of a like nature are as follows:
“The following are the plans devised for the sanitation of the cities
of the island and to prevent a recurrence of epidemic and infectious
diseases, to which the Government of the United States understands
that the provisions of the constitution contained in the fifth
article of the appendix applies, viz:
- “(1) A plan for the sewering and paying of the city of
Habana, for which a contract has been awarded by the
municipality of that city to McGivney, Rokeby &
Co.
- “(2) A plan for waterworks to supply the city of Santiago
de Cuba, prepared by Capt. S. D. Rockenbach, in charge of
the district of Santiago, and approved by the military
governor, providing for taking water from the wells of San
Juan Canyon and pumping the same to reservoirs located on
the heights to the east of the city.
- “(3) A plan for the sewering of the city of Santiago de
Cuba, now under construction by virtue of the contract with
Messrs. Michael J. Dady & Co.”
In order that this contract be fulfilled, the Government at
Washington has advised us thereof, through its diplomatic
representative, in terms which reveal its desire that the works of
sanitation of the city of Habana be concluded according to the
sewerage and paving plan approved by the military governor in 1901.
Moreover, the American Government understands that the municipality
having adjudged the contract for said works to Messrs. McGivney,
Rokeby & Co., with the approval of the said governor, and these
having, furthermore, deposited as a guaranty one-half million of
dollars, they have the indisputable right to undertake them and no
one else, whether paid for by the municipality or by the National
Executive.
In order to give a clearer idea of what the Washington Government
thinks about the matter, I shall translate below certain paragraphs
of the note addressed to our state department by the American
minister:
* * * * * *
“From the foregoing it will be observed that the general covenant
contained in the Piatt amendment and the appendix to the Cuban
constitution whereby Cuba agreed with the United States to sanitate
the cities of the island was thus made definite and specific so far
as concerned the city of Habana. Thus did Cuba specifically agree in
May, 1902, to sanitate the city of Habana by carrying out the
McGivney & Rokeby contract. Under such circumstances an
international obligation to raise the funds necessary for the
purpose of carrying out the McGivney & Rokeby contract rests
upon the National Government of the Republic of Cuba.”
Now whatever our opinion may be about the extent or limit of the
municipal contract with that company there remains anyway the
obligation which the Government of the Republic of Cuba has
contracted with that of the United States relative to the sewering
and paving of the city of Habana. And as the lack of fulfillment of
this obligation has resulted in our attention being called to the
matter by the Washington Government, I comply with my duty in
presenting to the Congress a matter of such extreme importance in
order that it may decide what it sees fit with the promptness which
the case requires.
Given at the Presidential Palace, Habana, April 28,
1905.
T. Estrada
Palma.
