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PUBLIC RECORD. OFFICE
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C.O.
Reference :-
+885
17 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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APPENDIX No. 3.
AN AGREEMENT dated the Eighth day of June, 1903, and made between The Government of the Commonwealth of Australia by The Right Honourable Sir Edmund Barton, P.C., G.C.M.G., K.C., Prime Minister and Minister for External Affairs of the said Common- wealth for and on behalf of the said Government (hereinafter called "the Federal Jovernment") of the one part and The Eastern Extension Australasia and China Telegraph Company Limited (hereinafter called the Extension Company ") of the other part.
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Whereas the telegraphic traffic between the States comprised in the Commonwealth of Australia (hereinafter called the Commonwealth ") and New Zealand and New Caledonia on the one side and Europe and when transiting Europe all other countries beyond Europe ou the other side to be transmitted in the terms of this Agreement (hereinafter called " the Australasian traffic ") is carried by the cables and telegrapli lines of the Extension Company in connection with lines belonging to the Indo-European Telegraph Department of His Majesty's Indian Government The Eastern Telegraph Company Limited The Indo-European Telegraph Company Limited and The Eastern and South African Telegraph Company Limited (herein- after called "the Cis-Indian Administrations") and the lines and cables connected therewith.
And whereas the telegraphic traffic between the Commonwealth on the one side and Europe and when transiting Europe all other countries beyond Europe on the other side is hereinafter called the Commonwealth traffic.
And whereas in pursuance of the provisions of the Commonwealth of Australia Constitution Act and of a Proclamation of the Governor-General of the Commonwealth the Public Depart- ment of Posts Telegraphs and Telephones of each State comprised in the Commonwealth became transferred on the 1st day of March 1901 to the Commonwealth.
And whereas the present rates for the transmission of the Commonwealth traffic are governed by the two Agreements and the provisional arrangement next hereinafter mentioned that is to say (a) An Agreement dated the 14th day of April 1900 and made between the Government of the State of South Australia (then called the Colony of South Australia) of the first part the Government of the State of Western Australia (then called the Colony of Western Australia) of the second part the Government of the State of Tasmania (then called the Colony of Tasmania) of the third part and the Extension Company of the fourth part. (b) An Agreement dated the 16th day of January 1901 and made between the Government of the State of New South Wales (then called the Colony of New South Wales) of the one part and the Extension Company of the other part. (c) A provisional arrangement made on behalf of the Federal Government with the Extension Company for applying to the other States of the Commonwealth the ratos for transmission of telegraphic messages provided by the said recited Agreements.
And whereas in pursuance of the said recited Agreements and provisional arrangement the rates for Commonwealth traffic have been reduced and are now the rates set forth in Table A annexed hereto.
And whereas it is desirable that the provisions of the said recited Agreements and provi- sional arrangement should subject to the modifications hereinafter appearing be combined in one Agreement which shall be in substitution for the said recited Agreements and provisional arrangement.
And whereas the Extension Company in co-operation with the Eastern Telegraph Company Limited have recently laid and are now operating a new cable between Durban in the Colony of Natal South Africa and Australia as provided by the said recited Agreements hereinafter called the New Cable.
And whereas at the date of the transfer of Posts Telegraphs and Telephones to the Common- wealth as aforesaid divers other Agreements were subsisting between the Extension Company and the States now comprised in the Commonwealth or some of them the benefits and obligations of which Agreements thereupon passed to and were assumed by the Commonwealth that is
to say:-
(1) An Agreement dated the 29th day of August 1871 between the Governor of the Province of South Australia of the one part and the British Australian Telegraph Company Limited (thereinafter and hereinafter called the Company") of the other part (which Company has since been merged in the Extension Company and the benefits and obligations of the now reciting Agreenient are now vested in the Extension Company). Whereby by Article 1 the Company was empowered to lay down at any part of the coast at in or near the bay or port called Port Darwin in the said Province the land end of a submarine Cable and to take posses- sion of so much and such land not exceeding 6 acres at or within 10 miles of the place selected for the landing of the said Cable for station purposes as therein mentioned and by Article 3 the Company was during the continuance of telegraphic communication exempted from all provincial local and other taxes rates charges and assessments within the said Province whether then existing or chargeable or thereafter to be charged imposed or created and by Article 4 the Government of South Australia undertook to construct complete and open for traffic a line of telegraph wires between Port Darwin and Adelaide and maintain the same expressed and by Article 6 the Company undertook to lay down complete and open for traffic as therein a line of telegraphic communication between Java or Singapore and Port Darwin which was shortly thereafter completed.
(2) An Agreement dated 24th day of June 1875 between the Governor of the Colony of New Zealand of the first part the Governor of the Colony of New South Wales of the second part, and the Extension Company of the third part. Whereby by Article 2 the Extension Company was empowered to lay a submarine telegraph cable between New Zealand and Sydney in the Colony of New South Wales the terminal point on the coast of New Zealand to be at a point called Blind Bay or Golden Bay and the terminal point at Sydney to be at the Telegraph Station there. By Article 6 the Governments respectively agreed to afford to the Extension Company all proper and reasonable facilities to enable the Extension Company to lay the said
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cable and keep the same in repair and to acquire any land necessary for their terminal stations in the said Colonies including a free grant of any Government land suitable for the purpose. By Articles 7 and 8 the Government of New South Wales agreed to afford to the Company certain facilities for working the cable at Sydney and by Articles 12 and 13 provision was made for the indication of route without charge and limiting ony terminal charge of the Government of New South Wales to the lowest ordinary rate.
(3) An Agreement dated 9th January 1889 made between the Colonial Secretary of the Colony of Western Australia of the one part and the Extension Company of the other part whereby the Extension Company was empowered to lay down at any part of the coast at in or near the bay or port called Roebuck Bay or Broome in the Colony of Western Australia the land end of a submarine cable and subject to the restrictions therein mentioned to take possession of so much land not exceeding eight acres at or within ten miles of the place selected for landing the said cable as they might require for landing cable or station purposes.
(4) An Agreement dated 14th March 1889 between the Government of the Colony of Tasmania of the one part and the Extension Company of the other part which Agreement is expressed to be supplemental to an Agreement dated the 24th day of January 1868 and made between the Tasmanian Government of the one part and the Telegraph Construction and Maintenance Company Limited of the other part the interest in which Agreement last mentioned had become vested in the Extension Company whereby the exclusive right of telegraphic communication between the Colony of Victoria and the Colony of Tasmania and vice versa was granted to the Extension Company for a period of 20 years to commence from the 1st May 1889 being the date of the expiry of the term of 20 years mentioned in the principal Agreement. By Articles 2 and 3 a subsidy of £4,200 was granted to the Extension Company for the same term. By Article 5 power was reserved to the Tasmanian Government to make reductions of rates upon the conditions therein expressed but the Tasmanian Government guaranteed to the Extension Company traffic receipts to an amount of not less than £5,600 per annum and by Article 9 the Tasmanian Government confirmed the provisions of the principal Agreement for giving to the Extension Company all reasonable facilities for working the traffic and by Article 10 the Extension Company was exempted during the said current term of 20 years from customs duties wharfage rates port dues and taxes Parliamentary or otherwise in the Colony of Tasmania.
(5) An Agreement dated 11th May 1894 by the Governor of New South Wales for the lease to the Extension Company for 20 years of a piece of land situate at La Perouse Sydney for station purposes.
(6) An Agreement dated 25th May 1900 between the Government of South Australia and the Extension Company whereby a piece of land containing nine acres situate at the Grange South Australia was granted to the Extension Company for station purposes.
(7) A lease dated 13th July 1900 from the Administrator of the Colony of Western Australia to the Extension Company for 99 years of two lots of land containing together 10a. 2r. 28p. situate at Cottesloe near Fremantle in the Colony of Western Australia for station purposes.
(8) An Agreement dated 17th July 1901 being a grant by the Government of South Australia to the Extension Company of land about 34 acres in extent situate near Jervois Bridge on the Port Adelaide River for station purposes with a covenant by the said Government for the construction of a wharf and deepening of the channel of the said river as therein expressed.
And whereas prior to the existence of the Commonwealth a project was set on foot by the Governments of the United Kingdom, of Canada and of certain of the then Australasian Govern- ments for laying a cable to be known as and herein referred to as "The Pacific Cable' which cable has now been laid.
Now this Indenture witnesseth and it is hereby agreed and declared by and with the Commonwealth and its successors and the Extension Company their successors and assigns as follows that is to say-
(1) As from the 1st day of September 1902 the rates for the transmission of the Common- wealth traffic by the existing lines and cables of the Extension Company including the new cable and the apportionment of such rates on either cable shall (subject to the provisions of Clause 5 hereof) be the rates and apportionment specified in the Schedule hereto Table A.
(2) In these presents and the Schedule hereto by Government Telegrams are meant political or administrative telegrams sent from or to His Majesty and by His Majesty's Principal Secretary of State for the Colonies or any Government Department in the United Kingdom or the High Commissioner or respective Agents-General for the Commonwealth and the several States comprised in the Commonwealth on the one hand and by the Governors Ministers or any officer in charge of any Government Department of the Commonwealth and the several States comprised in the Commonwealth on the other hand on matters relating to the public business of the Commonwealth and of the said States or any of them.
(3) By Press Telegrams are meant telegrams which conform to the Extension Com- pany's press regulations and are addressed to any newspapers duly published in accordance with the respective laws relating to the publication of newspapers in force in the United Kingdom or the States or countries in which they are respectively published and intended in good faith for publication in full in such newspapers and shall include only such as are intelligible and written in English or other authorised language in plain language and without the use of cypher code groups of figures or letters or words of concealed meaning.
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(4) The Government of the Commonwealth shall in respect of telegrams forming part of the Commonwealth traffic be entitled to be paid out of the rates charged for transmitting the same the terminal charges specified in the said Schedule hereto.
(5) If on the 1st day of January 1903 or on the 1st day of January in any subsequent year the receipts of the Extension Company and the Cis-Indian Administrations from the Austra- lasian traffic after deducting out-payments charged by other Governments and Administra-
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