File 4949/1912 Pt 5 Persian Gulf: Abu Musa oxide [‎11r] (21/592)

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a proper and natural desire to administer justice
as between the partners of the company . . .
The contention of His Majesty’s Government is,
and always has been, that the sovereign rights of
jurisdiction of the Sheikh of Shargah gave him
the right to cancel the concession. The word
jurisdiction was not meant to imply judicial
jurisdiction, but the right of government. The
f>. 15. questions therefore whether the sheikh “ had
authority to decide as judge the dispute between
the partners of the mining company,” “ whether
the decision arrived at was justified by law,” and
“ whether he had power to cancel the lease at his
discretion in the interest of the administration of
country ” are strictly irrelevant.
In view of the careful consideration, however,
given in the Second German Memorandum to
these points, they will be dealt with in their
proper place.
III.
p. 28. (a.) Hassan Samaih had authority, as manager of
the mining company, to conclude agreements
like that with Mr. Wonckhaus, signing in the
name of the company, without consulting the
other partners. Such agreements at once
became binding on the other partners;
(b.) in the case under consideration, however,
their approval was also signified.
This point will be conveniently considered under
two heads, (a) and (b).
p. -21. (a.) The German Government argue that the
wide dispersal of the partners rendered it necessary
that one of the partners should have authority to
act for the others. His Majesty’s Government
agree that it is not unlikely that such an arrange
ment would be made as regards the ordinary
incidents of business, although there is nothing to
show that such an arrangement was made, or, if it
was, that Hassan Samieh was the partner selected
to act on behalf of the others ; but the question
now at issue is whether Hassan Samieh had
authority, without consulting his partners, to
conclude an agreement such as the present, which
disposed of practically the whole output of the.
mines, at a fixed price, for four years, with an
option of renewal, and limited the annual output
of the mines to a maximum of 5,000 tons and the
further small amount which was allowed to go to
[926] G