19718
180
No. 126A.
MESSRS. SUTTON, OMMANNEY, AND RENDALL to COLONIAL OFFICE.
SIR,
(Received June 8, 1905.)
[Copy to Governor, June 15, 1905. Confidential. L.F]
[Answered by No. 136.]
3 and 4, Great Winchester Street, London, E.C., June 7, 1905.
Straits Settlements.
Tanjong Pagar Dock Company, Limited.
IN the course of giving effect to your instructions in connection with this arbi- tration, it will be necessary for us to confer from time to time with Messrs. Coode, Son and Matthews, to obtain from them copies of plans in their possession and for them to prepare for the use of Counsel in connection with advice to be given here and possibly for use in the arbitration proceedings in the Colony, plans of the Com- pany's property, and otherwise to act in their capacity as engineers to the Colonial Government. We should be obliged if you would either authorise Messrs. Coode, Son and Matthews to give effect to such instructions as they may receive from us from time to time, or else instruct us to employ that firm as we may consider necessary in connection with these arbitration proceedings.
Whether the arbitration proceeds in October next or at some later date, it will be necessary that evidence should be forthcoming, if required in the arbitration pro- ceedings, as to the state of the Company's undertaking on the 1st day of July, and you may consider it necessary to cable out instructions in this respect. It appears Mr. Warren, Messrs. Coode, Son and Matthews's representative, is now at Singapore, and we have to suggest, for your consideration, whether that gentleman, either by himself or in conjunction with some local engineer to be employed by the Colonial Government, should put himself in a position to give evidence in the above respect if necessary.
We have, &c.,
19795
SUTTON, OMMANNEY, AND RENDALL.
No. 127.
MR. LYTTELTON to GOVERNOR SIR J. ANDERSON.
(Sent 5.50 p.m., June 8, 1905.) TELEGRAM.
(Paraphrase.)
With reference to telegram* sent to Matthews by Warren. It would be advan- tageous that Warren should prepare the data for the valuation of the Tanjong Pagar undertaking as far as practicable without fixing definite amounts. These must be determined by engineer witnesses after their arrival, using quantities and particulars supplied by Warren. Matthews will be our chief engineer witness and he will be supported by one other engineer from England. It is essential to leave to them the pricing out of the valuation.
181
as to actual condition of the whole property of Company on 1st July, both at Tan- jong Pagar and Penang and elsewhere. I suggest Maclaren and Warren as witnesses for the condition of docks, wharves, godowns and other structural property, and two competent mechanical engineers for the plant and machinery. Warren should be told that Matthews concurs.
19888
No. 129.
MESSRS. SUTTON, OMMANNEY, AND RENDALL to COLONIAL OFFICE. (Received June 10, 1905.)
SIR,
[Copy to Governor, June 16, 1905. Confidential. L.F.]
[Answered by No. 138.]
3 and 4, Great Winchester Street, London, E.C., June 9, 1905.
Straits Settlements.
Tanjong Pagar Dock Company, Limiteď.
We have from time to time discussed with Mr. Balfour Browne, K.C., the question of the conduct of these arbitration proceedings, and we find that he pre- sumes that (whilst the general course of the arbitration might, in the first instance, be supervised in England) his instructions would be prepared by us in the Colony after conference with Mr. Maltby, of the firm of Messrs. Deloitte, Dever and Company, and the other expert witnesses who may be sent to the Colony, in order to qualify themselves to give evidence on behalf of the Government.
It also appears that Mr. Maltby anticipates that he will have the benefit of our advice in preparing his evidence.
Apart from the views expressed by Mr. Balfour Browne, K.C., and Messrs. Deloitte, Dever and Company, it is, in our opinion, desirable that some member of our firm who has had experience in arbitration proceedings as well as the advantage of conferring with Mr. Balfour Browne, K.C., in this country, should proceed to the Colony in order to undertake the general supervision of the evidence to be given before the Arbitrators, and to confer with the legal advisers of the Colonial Govern- ment in the Colony on the various points which must necessarily arise when it comes to be considered how the case of the Colonial Government is to be presented, and the form in which the proofs of the several witnesses are to be prepared.
Subject to your concurrence we propose, therefore, that some member of our firm should accompany Mr, Maltby and the other expert witnesses to the Colony.
We should add that the London Committee of the Company have instructed their London Solicitor to proceed to the Colony to conduct the arbitration proceedings on
their behalf.
19795
We have, &c.,
SUTTON, OMMANNEY, AND RENDALL.
No. 130.
19718
No. 128.
MR. LYTTELTON to GOVERNOR SIR J. ANDERSON. (Sent 5.45 p.m., June 9, 1905.) TELEGRAM.
(Paraphrase.)
[Answered by No. 139.]
Referring to my telegram of 8th instant.
• See No. 130.
It is necessary to obtain evidence
↑ No. 127.
minimim
PUBLIC RECORD OFFICE
་། 「 ་། ། ། །
Reference :-
C.O. 882
DEAR MR. FIDDES,
MR. MATTHEWS to MR. FIDDES.
(Received June 9, 1905.)
Westminster Chambers, 9, Victoria Street,
London, S.W., June 9, 1905.
THE telegram I showed you from Mr. Warren, which we received yesterday, was as follows:-
46
Governor asks me to make valuation survey of wharf and docks for Tanjong Pagar arbitration. Will not delay present survey. Wire if agreeable.
-WARREN."
Yours sincerely,
WM. MATTHEWS.
20305
2 A 2
8 PUBLIC RECORD OFFICE, LONDON
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