CO885-(15-16) — Page 155

PUBLIC RECORD OFFICE

། ། ། ། ། །

C.O.

Reference :-

885

15 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

Enclosures to 18180.

38960.

4

4. I am also to transmit to you further.papers connected with this matter which Mr. Chamberlain regrets were overlooked when the letter of October 26th was ad- dressed to you.

5. I am to request you to

Report-

1. Whether Major Browne should be informed of all the charges brought against Mr. Rainsford in the Executive Council or of any and, if so, of which of them?

2. What reply should be made to Major Browne?

•

Mr. Chamberlain would be glad to receive your report at as early a date as convenient.

I am, &c.,

38960

GENTLEMEN,

COLONIAL OFFICE to LAW OFFICERS.

H. BERTRAM COX.'

Downing Street, November 7, 1901. WITH reference to the letters from this Department of the 26th October and 4th November last, I am directed by Mr. Secretary Chamberlain to transmit to you a further letter with enclosure received from Major Browne.

Mr. Chamberlain would be glad to be favoured at as early a date as possible with your report on the matters referred to you, and especially as to the answers which should be returned to Mr. Rainsford and Major Browne respectively.

I am, &c.,

H. BERTRAM Cox.

*41992

No. 115.

(TRANSVAAL.).

LAW OFFICERS to COLONIAL OFFICE.

[Proposal that the Government of the Transvaal should take over the Pretoria- Pietersburg Railway.]

Royal Courts of Justice, SIR,

November 27, 1901. WE were honoured with your commands signified in Mr. H. Bertram Cox's letter of the 26th ultimo stating that he was directed by you to request our considera- tion of certain points which had arisen in connection with a proposal which His Majesty's Government had had under their consideration that the Government of the Transvaal should take over from the shareholders the Pretoria-Pietersburg Railway. That the Pretoria-Pietersburg Railway Company was incorporated to take over and work a Concession granted in 1895 by the late Government of the South African Republic, and that Mr. Cox was to transmit to us a Parliamentary Paper [Cd. 623], containing the Report of the Transvaal Concessions Commission upon that Conces- sion, and also Parliamentary Papers [Cd. 624] and [Cd. 625], which contained respectively the Minutes of Evidence taken, and the documents referred to, by the Commissioners in their Report. That at page 112 of the latter paper would be found the Concession above referred to.

That the Company constructed and worked the line, but that the works of the railway were not entirely accepted by the late Government of the South African Republic which retained £15,000 out of the Company's cautionary deposit of £40,000 as a guarantee of completion. That a Judgment was obtained against the Company by their Contractor under which he was entitled to the sum of £125,635 for damages for delay in furnishing plans, and that the Company maintained that they had a claim for that amount against the late Government of the Transvaal for wilfully and maliciously delaying certain plans submitted for their sanction.

That Mr. Cox was further to transmit to us a copy of the Memorandum and Articles of Association, a copy of the Trust Deeds and Debenture Forms of the Company, a Memorandum of the Director of Railways in the Transvaal containing certain proposals as to the terms on which the railway should be taken over by His Majesty's Government, and certain correspondence which had passed between the Colonial Office and the Company.

That the late Government of the South African Republic was the registered owner of a large number of shares in the Pretoria-Pietersburg Railway Company, and that in the month of July last those shares were transferred by the Company, in obedience to a Royal Warrant issued in accordance with the Law Officers' Opinion* to Mr. Blake, one of the Crown Agents for the Colonies as nominee of His Majesty by the Royal Warrant which was dated 22nd June. That a Share Certificate in the name of Mr. Blake as such nominee was duly executed, and that His Majesty's Government was now entitled to exercise the rights of the late Government of the South African Republic in respect of the shares so transferred. That in reply to a letter from the Colonial Office dated 24th August last, submitting for the consideration of the Company certain proposals on which the Transvaal Government might be prepared to take over the Railway, the Company had replied in a letter dated 25th September to the effect that they could not recommend to the shareholders the terms suggested. That the Company contended that the terms of the Concession having been duly complied with by them, His Majesty's Government as successors to the Government of the late South African Republic could not place the Company, which was a British Company, in any worse position than it would have been in had the late Government continued in power, and that the Company indicated that they might possibly contend that they should be restored to the possession of their property and business so soon as the military situation would allow, and should be compensated for loss of revenue and damages sustained through the destruction of rolling stock and other property, and depre- ciation of the permanent way.

26 W416 11/04 D&B 19369

No. 86 in this Vol.