148
cases the manufacture of the British firm and the selection and distribution of the enemy firm. It would be far better for the British firm to establish its own agency abroad.
Provided, however, the liquidator is satisfied that the purchaser of an enemy distributing business will be supplied by the British firm with the goods hitherto sent to the enemy firm, there would be no objection to a transfer to a third party.
The same principles would apply to unregistered marks in which there are joint interests or which indicate both the manufacture of a British firm and the selection of the enemy agent. They cannot properly be sold or used without the consent of the jointly interested party or upon any other goods than those with which they were previously used. Probably even without legislation such consent would have been necessary-but if there is any doubt on the matter a pro- vision making such consent necessary should be introduced into any new legislation. The liquidator ought, as far as possible, to satisfy himself that the sale is not a bogus sale or a mere device for preserving the enemy trade-marks during
the war.
12544
No. 141. UGANDA.
THE SECRETARY OF STATE to THE GOVERNOR.
•
(No. 69.)
Downing Street, 14th March, 1916. SIR,
WITH reference to my despatch of the 24th of February * regarding the liquidation of enemy firms, I have the honour to enclose a summary of a memoran- dumf which has been received from the Board of Trade on the subject of the sale of trade-marks in which liquidated enemy firms have an interest.
I have, &c.,
10448
SIR,
No. 142. NYASALAND.
A. BONAR LAW.
THE SECRETARY OF STATE to THE GOVERNOR. (Confidential.)
Downing Street, 23rd March, 1916.
I HAVE the honour to acknowledge the receipt of your Confidential despatch of the 17th of January, on the subject of measures taken with regard to enemy firms in the Protectorate.
2. I note from the third paragraph of your despatch that Mr. Hermann Werth has been interned, and that his business is in the hands of a controller. The question arises whether the business should be allowed to continue, under the con- troller appointed by you, or whether it should be wound up or sold as a going concern. The points to be considered would appear to be whether the carrying on of the business is essential to the public interest, and, if so, whether a non-enemy subject can be found who would take it over at a reasonable price and carry it on sufficiently well. The nature of the business has also a certain bearing on the question. From the report by the Assistant Treasurer, which formed an enclosure to your Confidential despatch of the 19th July,§ I understand that Mr. Hermann Werth carried on two businesses, one being that of local dairyman and butcher, and the other a stores business, involving no doubt some importation and an export business to the United Kingdom and Germany. In paragraph 3 of your despatch you state that it is in the public interest that this business should continue to be carried on, and I am prepared to accept your decision on this point so far as the purely local business is concerned, and to assume that the interests of the Colony will be better served by the continuation of this business under a controller than by its liquidation or sale to a non-enemy subject as a going concern. If, however, it were possible to deal separately with the stores business, it might perhaps be well to do so, and to liquidate this part of the business or to sell it as a going concern.
§ 88242. ‡ No. 186.
* No. 182.
+ Enclosure in No. 140.
149
In
any case, the controller should not do any new business in connexion with the stores business, but should confine his activities to realizing stocks and book debts, to paying debts, and carrying out current contracts.
3. In paragraph 4 you deal with the question of the debts due to enemy creditors from Mr. Ludwig Deuss. In my telegram of the 17th of March* I informed you that his father, Mr. Gustave Deuss, had established his Swiss nationality, and that there is no objection to his being paid by his son the amount due to him and reasonable interest on the money lent. I now enclose a copy of the Foreign Office letter* and enclosures, on which my telegram was sent. I assume that the debt referred to by the Swiss Minister is the same as that mentioned in your despatch. I am not altogether clear as to the nature of Mr. Gustave Deuss's claim, but the intention of my telegram was to suggest that, as there seems to be no doubt of his Swiss nationality, there would seem to be no justification for retaining any money payable to him by his son.
4.
In this connexion I would refer to my Circular despatch of the 1st of February (with regard to the collection of information as to enemy property situated in British territory, and claims by British subjects against persons in enemy territory and vice versa), in paragraph 5 of which I pointed out that, in order to carry out the scheme contemplated, it would be necessary to appoint in each Colony and Protectorate a Public Custodian of Enemy Property. If a Custodian has not yet been appointed in Nyasaland it is desirable that the appointment should be made as soon as possible in order that the position of the Government in the matter of moneys payable to enemies may be put on a more regular basis. I would call especial attention in this connexion to section 4 of the Trading with the Enemy Amendment Act of 1914, and to section 4 of the Trading with the Enemy 'Amend- ment Act of 1916.
5. With regard to the matter of Messrs. Michahelles & Company and the dissolution of Mr. Storey's partnership, I telegraphed to you on the 9th instant in the following terms: With reference to your despatch of the 17th of January, Confidential, enemy firms, Storey's solicitors have made representations that terms of mortgage deed too onerous. Send full report by mail, sending copy of deed, and all orders court." I take this opportunity to forward to you a copy of the solicitor's lettert referred to in my telegram.
I have not at the present moment any means of judging whether there is any substance in Mr. Storey's complaint, but I should, on general grounds, be disposed to give him as easy terms as can reasonably be done, since the benefit of any terms imposed on him will inure to his enemy partner, and any heavy burden placed upon him at the present time may make it difficult for him to establish his business on a firm footing before the conclusion of the War.
6. There remains the question of the local investments of Mr. Schmidt, and of interned persons and prisoners of war in general, with regard to which you asked for my instructions. I have communicated the fifth paragraph of your despatch to the Secretary of State for the Home Department, and am now awaiting his observations. I will address you further on this matter in due course.
I have, &c.,
24282
No. 143. NYASALAND.
JA. BONAR LAW.
NOTIFICATION COMMUNICATED TO THE PRESS BUREAU ON 31ST MAY, 1916.
THE trading establishment of the German firm of Ludwig Deuss & Com- pany in Nyasaland has been closed, by order of the Government of the Nyasaland Protectorate, and its liquidation is in the hands of a controller.
British or Allied creditors having claims against the above firm must submit the same to the Controller, Mr. Laurence Smith, Zomba, Nyasaland, supported by affidavit, or other satisfactory proof, on or before the 31st of July, 1916, after which date no creditor will be admitted to share in the distribution of assets in Nyasaland.
Colonial Office,
31st May, 1916.
* 12120.
+ 11871.
337
Te To To To To
CO885/25
PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
148