'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎91r] (192/1904)

1.1
when it is remembered that the Memnr-inrinrv. e . <
Samaih's proceedings were culpable. The aro-im^nt p e . ^ s ® u ™P tlon tJ ] at Hassan
as this question is concerned, is as follows;— 16 J Memorandum, so far
Saraaih and Mr. WSnckSus^a'S 8 '") Vvt"^' *? '•f* ow^oded between Hassan
interested. That wa® not done and ^ h,d the P Mties
consent to the aoreement P-nV r.. q , V ? of the partners did not give their
without the knowledge of the otffSiSS /^ 00 nght to , CODclude tlie agreement
Isa's complaint was well founded." ' ' „ WaS not the ' manager. Therefore
; ■' 1 * r r ' ^ ; v y ^ v ^
fnr . lne f Im P®f ia] Government, however, maintain 4at "the partners did as a matter of
tact, sanctiou the agreement between Hassan Samaih and Mr.' Wonckhaus but that this
Abb ^lf^ F K iS lette /ano lieutenant Gabriel, British vice-consul at Bunder
' • ' f. 6tj " February, 1908 (Annex 18 of the British Memorandum^ K a
•1 not give his sanction to the agreement, and did not sign it. With regard to this
nmst 1 ^, l tae first P iace 136 pointed out that it is disputed that Necfhf was «
partner, ihe matter stands thus : his father, Nakhoda Ali, as is cJearlv shown in the
agreement regarding his entry as a partner (Annex 2 of the first German Memorandum)
had a share on the s rength of his engaging to superintend the^kXthtm^
v thout putting capitax into the concern. This partnership was accordingly connected
tbT ii% n 1 .- pMt of hi i iett ?
W.Mied 1 ^ JhTl 18 - d0y fe i maih a ^ Abdallah, and the former
Ned?e? a« a partner t L^T7 1C ®"T SU at Bu8hire that he had ^er recognised
•/ r-xi P er that ^edjef s lather was not really a partner but orlv an
employe of the company with a share in the profits, is especially clear from the fact that
ue did not take part in the reception of Sheikh Sakar into the comoanv and that it w.t
noconsidered necessary for him to sign the document on the subiect (Ann^x 4 a of tl.
tot German Memorandum), although it was not a case of a simple transfer of a share
aheady existing, but of the creation of a new share, and therefore the dtonution of
the rignts of the renmirung partners. Whatever decision mav be* amved eHn the
question of Nedjefs partnership, a question which will have to be settled amongst the
partners themselves, it is certain that Nedjef on several occasions pvpr^w • ?
parties h, s approval of the proeeedings of Hassan Samaih, and that therefore no ered^nS
can oe given to his assertions m the letter of the 16th February, 1908 referred to
above, in particular, at the end of November 1907 at T^nmW AiZ!' l i, -
Abdallah, son of Hassan Samaih, in the presence of ke'dra^t onftmneriT '
consulate at Bushire that he entirely approved of the agreeS ^ h WtocKi S
of everything else that Hassan Samaih did, and that he regarded hhn ^ v
as a second, father.y Moreover, when the British subject Brown of the firm of
tr 0O ; i WaS l t^Pprarily at Bunder Abbas in March 1908^Nedief offered
sell him his (or rather his fathers) share in the minino' comDanv • nf, tKo lo
ae stated that ne entirely approved of the agreement for the supply of oxide concluded
between Hassan Samaih and Mr. Wonckhaus. Mr. Brown decided not to buv?he «]
partnership 6 Mr ^ Samaih, Abdallah, and Abdallatif disputed Nedjefs
pc-vnei.hip. , .r Brown has made a declaration, the truth of which he is readv tn
confirm by an oath,t m regard to this incident. It would therefore appear JwV
statements made by Nedjef in his letter of protest of the 16th February P 1908 den vi^
offer t Pr M R ^ cf 1 ,mmunicated to Lieutenant Gabriel a month before th!
ofier to Mr. Brown mentioned above, are not in accordance with the facts OtwJv
they would have to be considered as retracted by the statement madfby
« ^£.:ts^o^ hat he entire,y awro ™ 1 rf ^ •
* Annex 32.
T Sbarg.1.
officially that during the conversation between Abdallah and Nedief he^imnlv ri , declared
to influence Nedjef. He says that Abdallah, too, used ^ Ssuasion Tith &nd ™te*o zttem P t
expressed his approval entirely of his own accord. ' e djef, and that the latter
J Annex 33.