File No. 763.72111/446

The Secretary of the Treasury (McAdoo) to the Secretary of State

Sir: I have the honor to enclose herewith a copy of a telegram, dated the 10th instant, from the collector of customs at San Francisco further in regard to the cargo of coal of the Mazatlan, which it appears ultimately reached the German cruiser Leipzig.

I will thank you for advice of any action that you may desire taken in the matter by this department or its customs officers.

A copy of the collector’s telegram has also been forwarded to the Attorney General for such instructions to the United States Attorney or other action, if any, as he may deem necessary.

By direction of the Secretary,

Respectfully,

A. J. Peters
Assistant Secretary
[Page 624]

[Enclosure—Telegram]

The Collector of Customs in San Francisco (Davis) to the Secretary of the Treasury (McAdoo)

Referring your telegram August 22 advising me of conditions imposed by State Department concerning release of steamer Mazatlan with coal consigned to Guaymas, Mexico. Before clearance was granted Mazatlan, German acting Consul General entered into written agreement as follows:

Referring to certain coal now on the Mexican steamer Mazatlan, in the port of San Francisco, California, to wit, 7,143 sacks of coal described in the manifest of F. G. Braue Company, sworn to August 20, 1914, to be landed at Guaymas, Mexico, said coal having been purchased from the Western Fuel Company on or about August 11, 1914, by John Rothschild and Company for the German Consulate, intended at that time to be supplied to the German cruiser Leipzig, I, as acting Imperial German Consul General, hereby agree and guarantee: (1) That said coal will be delivered in regular course by said vessel Mazatlan at Guaymas, Mexico; (2) That said coal will not, nor will any part thereof, be delivered to any German war vessel that has already received coal in a United States port since the outbreak of present hostilities between Germany and other European nations within three months after the receipt by such vessel of coal at a United States port; (3) That if the said coal or any part thereof be delivered to any other German war vessel not having received coal as aforesaid such delivery shall prevent such war vessel from receiving coal in any United States port within a period of three months after such delivery.

Respectfully,

Imperial German Consulate, by V. Schack

Recently hearing rumored that this coal had been put aboard German cruiser Leipzig I requested Admiral Pond to wireless commander cruiser Albany to ascertain, if possible, disposition of coal, Albany having been in Guaymas Harbor at the time and in position to furnish information. Admiral Pond has just delivered to me translation of radiogram in part as follows:

Steamer Mazatlan delivered 500 tons bags coal on lighter to her agents, Guaymas, Mexico. Leipzig later purchased this and 480 tons more of railroad company which she took on board at Guaymas.

Evans, Howard

Assuming information from Evans, commander Albany, to be correct, German acting Consul General clearly violated contract entered into with this office. The matter is submitted for information and action of proper authorities.

Davis