'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎51v] (113/1904)

26
the concessionnaires had engagements, requested Hassan Samaiyeh to furnish him
with a copy of the Agreement, inquiring whether other European firms could enter
into similar contracts. Both points were evaded by Hassan Samaiyeh in his reply
of the 13th July (see Appendix, Ko. 13), in which he alleged that the original contract
Tiad been drawn up in German; and in a further letter of the 14th October (see
Appendix, No. 14) to Mr. Malcolm he refused to send a copy of the Agreement, and
said that secrecy of the transaction had been enjoined by Herr B/Obert Wonckhaus.
It was not until the 16th December, 19 0 6 (see Appendix, No. 15), that he sent a
copy of it to Abdul Latif, who, on receipt of the document, wrote on the 23rd January,
1907 (see Appendix, No, 16), to Hassan Samaiyeh stating that his son Esa did not
agree to the execution of such an Agreement, which had been concluded without any
consultation among the partners, such as should undoubtedly have taken place. The
phrase which, in Inclosure 8 of the Grerman case, is translated t£ the cessation of this
contract would be preferable to its continuance " is more accurately rendered by the
nullification of this contract is better than its acceptance." This employment of the
comparative is, in Arabic epistolary form, a customary euphemistic manner of
expressing a definite resolution. In the present case this interpretation is confirmed
by the whole tenor of the letter in question. It does not appear, as contended in
the German case, that Abdul Latif definitely says in his letter of the 27th March, 1907
{see Appendix, No. 17), that he had originally approved the contract on behalf of his
son Esa.
It is clear that the main ground of Esa-bin-Abdul Latif's objection to the
contract was that Hassan Samaiyeh, improperly describing himself in inaccurate
terms as " owner and holder of Bu Musa Concession," had, without consulting his
partners, formed a contract with Herr Wonckhaus which tied the hands of the
Company, not improbably for an indefinite period, in regard to practically the whole
amount of red oxide excavated at the island, and bound them to sell it at a fixed
price, so that they would derive no advantage from any increase in the price of
oxide. It is obvious that a contract of such far-reaching import should, before being
concluded, have been submitted to all the parties interested. Esa-bin-Abdul Latif has
■expressly denied that he gave any power of attorney to Hassan Samaiyeh, and
maintains that it was incumbent upon the latter to act in regard to every trans
action in communication with him, according as was agreed in the deed drawn up
on the admission of Nakhoda Ali Ahmed Saleh to partnership in the Company (see
Inclosure 2 in the note from the German Embassy),
If the Cdhtract had in reality been submitted to and approved by Abdul Latif
on behalf of his son Esa, it is difficult to see the reason for which Herr Wonckhaus
enjoined secrecy on Hassan Samaiyeh (see Appendix, No, 14),
As will be seen from the accompanying Petition (see Appendix, No. 18) from
Nejef, the son and heir of Nakhoda Ali Ahmed Saleh, now deceased, Esa-bin-Abdul
Latif is not the only partner in the Company who takes exception to the proceedings
of Hassan Samaiyeh. His Majesty's Government understand that the dragoman of
the German Consulate, Bushire, has been in communication with Nejef-bin-Nakhoda
in regard to his attitude towards the contract of the 1st June, 1006.
With regard to (b) (the objections of the Sheikh of Shargah himself to the contract
of the 1st June, 1906), the German Government are of opinion that—
The Sheikh's fear that he might lose posses
while the fact that there was no provision in th 1898
the mines to be transferred to a foreigner without
clusive than the emission of a prohibition ag and,
recognized liberty of trade in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. ,
contracts with foreigners was within the powersoj
The principal motive of the Sheikh of Shargah in cancelling, in accordance with
the exercise of "his sovereign rights of jurisdiction, the lease granted in his behalf by
the Begent in 1898 was evidently a proper and natural desire to administer j ustice as
between the partners of the Company, and to render nugatory the unauthorized action
of Hassan Samaiyeh, Moreover, on learning how far the terms of the contract with
Herr B. Wonckhaus went, conferringas they did a preferential right of renewal for an
indefinite period, the Sheikh may well Iiave"felt that his own pecuniary interest in the
mirres w(5uld hot, in view of the increasing market value of red oxide, be properly
safeguarded by a payment limited indefinitely to a sum of 250 dollars a-year. In