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In order, however, to enable them to prepare contract documents, it is essential that some engineer who has taken part in these surveys should return to London when they are completed and assist in the office of the Consulting Engineers; there- fore they recommend that Warren should act as Nicholson's principal survey assistant; and should return to their office on the completion of the work of collecting data. It is impossible to disregard their recommendation without weakening their pro- fessional responsibility, and it appears to me to be well adapted to meet the special circumstances of the case to which you attach importance. Telegraph reply.

2907

No. 61.

115

7. As regards an arbitrator, my suggestion as to Mr. Hyndman-Jones is not accepted, possibly Sir John Wolfe Barry, who was one of the arbitrators in the recent acquisition of the London Water Companies, might be agreed to as arbitrator by both parties. His technical knowledge as an eminent engineer and his experience in the water arbitration would seem to point to him as specially qualified for the

task.

8. I should add that it might possibly be arranged to have the arbitration during the next long vacation of the English Courts. If the arbitrator were to sit continuously, the proceedings need not last more than four or five weeks at the very outside.

It might be possible, therefore, to arrange for a barrister with experience of arbitrations to act as arbitrator.

I have, &c.,

GOVERNOR SIR J. ANDERSON to MR. LYTTELTON.

(Received March 11, 1905.)

8122

No. 62.

JOHN ANDERSON.

(Confidential.)

SIR,

[Answered by Nos. 68 and 71.]

Government House, Singapore, February 13, 1905. As it is, I fear, practically certain that the expropriation of the Tanjong Pagar Dock Company will involve an arbitration as to the compensation to be paid to the shareholders, I think it is desirable that all the arrangements for the preparation and presentation of the case for the Government should be made as early as possible.

2. One of the first requirements is the employment of a competent accountant, accustomed to audit the books of industrial and other public companies, and who has also some experience of arbitrations in regard to the expropriation of such under takings.

3. There is no one in the Colony possessing the necessary qualifications and I should be glad if the Crown Agents could make enquiries as to the cost of obtaining the services of such a man as I have indicated, not only for the examination of the books of the Company, but as an expert witness before the arbitration.

4. It will be necessary also to present the Tribunal with evidence as to the present condition of the machinery, stock, and plant of the Company, and it was for this purpose that I suggested the employment of Mr. Matthews. As you have, however, for reasons the cogency of which I admit, deprecated the employment of Mr. Matthews, some other engineer must be retained for the purpose, and the Resident General has suggested to me that Mr. Bostock, the Resident Engineer on the Colombo Harbour Works, would be well qualified for the work. If you concur in this opinion, I should be glad if the Crown Agents could arrange for retaining Mr. Bostock's services. He would, of course, have to make a closely detailed inspec- tion of the whole of the undertaking and submit a report and valuation and would also have to be available to give evidence.

5. As regards the valuation of the buildings, lands, and, to some extent, of the plant and machinery, I have retained Mr. S. Tomlinson, C.E., who was formerly engineer of the municipality here, and is now the head of a large firm of land agents, con- tractors, and engineers here, and has on more than one occasion been employed by the Government in connexion with the acquisition of property for public purposes.

6. A great deal will, of course, depend on counsel and, as the two leading firms in Singapore have standing retainers from the Company, which has refused to allow them to act for the Government, the burden of preparing and arguing the Government case will fall on the Attorney-General. I have addressed you in another despatch of even date on this subject, and if you agree to offering the post of Attorney-General to Mr. Napier, and if he accepts, I shall feel confident that the matter is in safe hands.

In any case, however, he will require very considerable assistance, and I intend to retain also Mr. Adams, who enjoys a very large and successful practice in Penang, and also to detail Mr. Woodward, the Deputy Public Prosecutor, to assist in working up the case.

• 7908: not printed.

8122

GOVERNOR SIR J. ANDERSON to MR. LYTTELTON.

(Received 2.20 p.m., March 13, 1905.) TELEGRAM.

Have telegraphed for Warren come here confer with me and Nicholson.

(Confidential.)

GENTLEMEN,

No. 63.

COLONIAL OFFICE to CROWN AGENTS.

[Answered by No. 67.]

Downing Street, March 21, 1905. AM directed by Mr. Secretary Lyttelton to forward to you copies of tele- graphic correspondence* with the Governor of the Straits Settlements with regard to the Tanjong Pagar Docks, and to request that you will communicate the substance to Messrs. Coode, Son, and Matthews, the consulting engineers.

I am, &c.,

To Governor, 28th February, 1903. Governor, 2nd March, 1905. Governor, 2nd March, 1905. To Governor, 10th March, 1905. Governor, 13th March, 1905.

7907

GENTLEMEN,

No. 64.

COLONIAL OFFICE to CROWN AGENTS.

C. P. LUCAS.

Downing Street, March 25, 1905.

I AM directed by Mr. Secretary Lyttelton to transmit to you an extract from a confidential despatch from the Governor of the Straits Settlements with reference to the appointment of an accountant in connexion with the proposed expropriation of the Tanjong Pagar Dock Company, and I am to request that you will take imme- diate steps for complying with the Governor's wishes in the matter.

You will, of course, understand that, in a transaction of this magnitude, it is desirable to obtain the services of an accountant of high standing in his profession.

I am, &c.,

H. BERTRAM COX.

* Nos. 53, 55, 56, GO and 62.

↑ Paragraphs 1-3 of No. 61.

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PUBLIC RECORD OFFICE

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