PUBLIC RECORD OFFICE
19
Reference :-
C.O. 882
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH—NOT TO
GENTLEMEN,
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Enclosure in No. 69.
Messrs. COODE, Son, and MATTHEWS to CROWN AGENTS.
Westminster Chambers, 9, Victoria Street, London, S.W.,
March 29, 1905.
Tanjong Pagar Improvement Works.
WE beg to acknowledge the receipt of your letter of 28th instant, E./218/4, informing us of the results of certain telegraphic_communications between Sir John Anderson and the Colonial Office, with regard to the preliminary arrangements neces- sary for the preparation of the contract drawings required for the carrying out of the wet dock works referred to in our joint report with Mr. Nicholson, addressed to the Tanjong Pagar Dock Company, dated 15th October, 1904.
On returning here after our interview of yesterday, we thought it desirable to despatch a cablegram to Mr. Warren, whom we gather had been summoned by Sir John Anderson to go to Singapore from Penang, in order to consult with him and Mr. Nicholson relative to the data required, to which we have referred above, thus:-
"Wire when anything settled Tanjong Pagar survey."
We have this morning received Mr. Warren's reply, which reads as follows:-
"Have commenced checking and supplementing Nicholson's survey according to Governor's instructions; probable duration four months if survey correct, otherwise longer; have written you details." Having regard to the foregoing, we are writing Mr. Warren by the mail of 31st instant, outlining, from our point of view, what is the general scope of the investiga- tion required, so that he may confer with Mr. Nicholson relative thereto.
10377
No. 70.
We have, &c.,
COODE, SON, AND MATTHEWS.
MESSRS. SUTTON, OMMANNEY, AND RENDALL to COLONIAL OFFICE. (Received April 1, 1905.)
Straits Settlements.
Tanjong Pagar Dock Company, Limited.
SIR,
3 and 4, Great Winchester Street, London, E.C., March 31, 1905. We have to-day duly delivered a retainer on behalf of the Government of the Straits Settlements to Mr. Balfour Browne, K.C.
9889
(Secret:)
SIR,
We have, &c.,
SUTTON, OMMANNEY, AND RENDALL.
No. 71.
MR. LYTTELTON to GOVERNOR SIR J. ANDERSON.
Downing Street, March 31, 1905.
I HAVE the honour to acknowledge the receipt of your confidential despatches of the 13th February* respecting the steps to be taken in connection with the arbitra- tion proceedings in the matter of the Tanjong Pagar Dock Company. The necessary arrangements are engaging my careful attention, and I take this opportunity of indicating generally my views on the subject.
* No. 61 and 7908: not printed.
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2. I think it desirable, if possible, to obtain the appointment of a single arbi- trator, and, if any of the gentlemen whom I have in view are willing to serve, I shall suggest one of them to the London Committee, informing you simultaneously by telegram in order that you may communicate with the local Board. The advantage of having one arbitrator instead of three is evident, as regards both economy and expedition.
3. From the telegraphic correspondence* noted in the margin you will be Secretary of State, March 27, 1905. aware that the London Committee approached Governor, March 28, 1905.
me on the 27th instant with the request Secretary of State, March 29, 1903.
that provision should be made in the draft Ordinance to enable English Counsel to appear
before the Arbitration Court. It had not previously occurred to me that any special provision on this point was required, and I had always contemplated the necessity of engaging such Counsel on behalf of the Government. Arbitration proceedings form a special branch of legal practice, and in a matter of this magnitude it would not be safe to entrust the case of the Government to a Colonial barrister, who would necessarily be without the requisite experience. Moreover, it would be generally regarded as inequitable to prevent the Company which is being expropriated from obtaining the best assist- ance in presenting their case to the arbitrator. I had, therefore, no hesitation in deciding that the wishes of the Company must be met in this respect.
4. I propose that a retainer for the Government should be given to the most eminent English Counsel who may be willing to appear, and, after this has been done, you will be furnished with Counsel's opinion as to the nature of the evidence which should be prepared. You will understand that there would be great difficulty if the Attorney-General of the Colony should appear in the case with the Counsel specially retained, and to obviate this I consider that Mr. Collyer should retain office until the conclusion of the arbitration proceedings, on the understanding that he will not be called upon to take part in the conduct of the case.
5. I note that you have retained Mr. Adams, of the Straits Bar, as junior Counsel, and that Mr. Woodward will also be employed in the preparation of the
case.
6. With regard to professional evidence, I have instructed the Crown Agents, as requested in your despatch of the 13th February,† to report on the cost of obtaining an accountant of high standing. It would be impossible to spare Mr. Bostock from Ceylon for the valuation of the Company's plant, &c., but the matter is of the less consequence as I have reconsidered the question of asking Mr. Matthews to under- take this work, and I now agree with you that this would be the best course to adopt. The matter has been mentioned to him confidentially, and he has expressed his willingness to place himself at my disposal. He has suggested that it would be prudent to bring forward a second engineer of high standing to confirm the evidence which he will give, and, subject to Counsel's opinion, I propose to act on his advice if a suitable engineer can be found.
7. It appears probable that the Company will rest their case very largely on the value of the land now owned by them, and it will, therefore, be necessary to be prepared with the best evidence on the subject. This question will depend so greatly on local considerations that I do not, as at present advised, see any object in pro- curing evidence from this country. I note that you have retained Mr. S. Tomlinson for this purpose, and I may state that Sir F. Swettenham has suggested that Mr. Lengham-Carter would be of much assistance.
8. I am aware that the arrangements indicated above will be very costly, but the interests at stake are so great that it would be false economy to be content with anything short of the best expert assistance that can be procured. In this connection I would impress upon you the importance of having the case of the Govern- ment so thoroughly prepared that the hearing, when once commenced, may be completed with the least possible delay. Not only will the expense of keeping Counsel and witnesses in the Colony be very great, but it is highly probable that the latter will not be willing to remain there for more than a very limited period.
I have, &c.,
ALFRED LYTTELTON.
Nca €5, 66, and 68.
† No. 61.
1
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