File 3632/1912 ‘Telegraphs – Wireless in Persia’ [‎304r] (612/640)

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Tfie Imperial Government shall inform the concessionaire the clay upon
which his proposal has been communicated to the Eastern Telegraph
Company.
Article 2.
As soon as the Eastern Telegraph Company shall have refused the
proposal, or allowed the conventional period to pass without deciding upon
its acceptance or refusal, or shall after acceptance have failed, within the
period fixed by Article XVIJL, to comply with the conditions of the proposal,
the right to establish the cable, subject to the annexed conditions, shall
thereby be acquired by the concessionaire.
Nevertheless, the details fixed by the said Article NVIII. shall only be
operative against the concessionaire from the date on which the Imperial
Government shall have notified to him the definite acquisition of the
concession.
Article 3.
If the Eastern Telegraph Company, whilst not exercising its preferential
right, should, on the ground of Article XIII. of the Convention of the
11 Redjeb (25 April 1300-1884), institute legal proceedings against the
Imperial Government, on account of the laying of the cable, the concessionaire
shall take upon himself to reject this claim, and, if necessary, to pay the
damages to which the Imperial Government may be condemned.
The concessionaire shall, in due course, be advised by the Imperial
Government of the Eastern Telegraph Company’s claim, and shall have the
benefit, in the legal proceedings instituted by the said Company, of all the
prerogatives which the law of Ottoman procedure grants to an opposing third
party.
UNITED STATES.
[Information supplementary to that contained at pages 140-173 of the
Second Annexe (dated Noveniber 1900) to the printed Memorandum of the
13th October 1899.]
I. —Joint Purse Agreement between Anglo-American Telegraph, Direct
United States Cable and French Telegraph Cable (then Paris and
New York Telegraph) Companies dated 24th September 1880.
Agreement made the 24th of September 1880, between the Anglo-American
Telegraph Company, Limited, and the Direct United States (Cable)
Company, Limited, incorporated the 17th July 1877 (these two Companies
being hereinafter together called the English Companies), of the first
part; and the “ Comp agnie Francaise du Teleg raphe de Paris a New
York ” (hereinafter called the French Company) of the second part.
The Anglo-American Company is the owner of four transatlantic cables
between Valentia (Ireland) and Heart’s Content (Newfoundland), three of
which only are at present in working order ; said company is also the owner
of a fifth transatlantic cable between Brest and St. Pierre, and of a submarine
cable between St. Pierre and Duxbury, as well as of submarine and land lines
between Heart’s Content and a point near North Sidney (Cape Breton), and
has also the use of a cable between Brest and Salcombe; and the Direct
Company is the owner of a transatlantic cable between Ballinskellig Bay *
* This Agreement, together with the additional convention of the same date, formed part of
a United States Government printed paper, a copy of which was obtained through the British
Ambassador at Washington. The information was obtained as the result of a resolution of the
House of Representatives calling for any particulars in the possession of the State Departments
regarding any change or modification of the stipulations under which the French Telegraph Cable
Company had been accorded permission in 1880 to laud their cable on United States Territory.
It w'as understood that this agreement, of which a copy was required, violated the provision of
the landing conditions agreed to by the Company under which they undertook never to combine
with other Companies to raise rates.
Y 2