R
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
15 PUBLIC RECORD OFFICE, LONDON
12
3. Whether, having regard to the practice of the Spanish-American war, it is de- sirable in any future case to make any attempt to prevent the use of neutral telegraphs:
(a.) By belligerent cruisers as distinguished from despatch-boats;
(b.) By belligerent cruisers for the dispatch of messages in cypher or of other messages, the object of which is to influence warlike operations, as distinguished from other messages, and particularly from messages giving a narrative of past operations bona fide intended for general publication as news.
4. With reference to the power of a belligerent to protect himself by cutting a cable, whether this power is limited to a cable-
•
(a.) Connecting two stations of a belligerent, or the station of a neutral Power with the station of a belligerent;
Or extends to a cable connecting stations--
(b.) Of two neutral Powers; or
(c.) Situate on different territories of the same neutral Power;
And whether, in every case, or what cases, the right of cutting may be exercised
in the waters of a belligerent only, or also on the high seas; and
5. Generally.
APPENDIX.
EMERGENCY CLAUSES.
(A.)—In Licence granted by Board of Trade to the Western Union Telegraph Company.
And also that if and whenever, in the opinion of one of Her Majesty's Principal Secretaries of State, an emergency shall have arisen in which it is expedient for the public service that Her Majesty's Government should have control over the trans- mission of messages by the Company's telegraphs or by the said cables or cable, it shall be lawful for the Secretary of State, by warrant under his hand, to direct and cause so much of the Company's works as are within the United Kingdom, or any part thereof, to be taken possession of in the name and on behalf of Her Majesty, and to be used for Her Majesty's service, and subject thereto for such ordinary service as may seem fit, and in that event Her Majesty's Government shall respect, and abide by all the obliga- tions of the Company and keep the Company indemnified against all claims and damages, costs, charges, and expenses arising thereout, and, in the event aforesaid, the Secretary of State shall have power to direct and authorize such persons as he thinks fit to assume the control of the transmission of messages by the Company's telegraphs or by the said cables or cable, either wholly or partly, and in such manner as he may direct.
Provided always that no such warrant shall have effect for a longer time than one week from the issuing thereof. Provided, nevertheless, that the said Secretary of State may issue successive warrants from week to week as long as, in his opinion, such emergencies continue.
Provided also, and it is hereby agreed and declared, that the Commissioners of Her Majesty's Treasury shall pay to the Company as compensation for any loss of profit and for any damages, costs, charges, and expenses sustained by the Company. by reason of the exercise by the said Secretary of State of any of the powers hereby reserved such sum as may be settled between the said Secretary of State and the Company by agreement, or, in case of difference, by arbitration, such arbitration to be conducted in manner provided by section 51 of the Telegraph Act of 1863.
(B.) In Treasury Contracts (Smuth African Contract of 1879).
In case of war, rebellion, or other emergency, the Imperial Government of the United Kingdom, or the Government of any British Colony or possession, duly authorized by Her Majesty's Government in that behalf, may take possession of the cables, stations, offices, and apparatus of the said line, and may keep possession thereof for so long as such Government may think requisite, and the Companies and their successors in business shall do all in their power to enable such Government to have
13
and enjoy the benefit and advantage thereof. And Her Majesty's Government shall make to the Companies, or their successors in business, such compensation in money for all loss suffered by the Companies, or their successors in business,
the exercise
of the powers by this clause as shall be admitted or determined (in case of dispute) by arbitration to be reasonable in that behalf.
(C.)-In Jamaica Law, 1898 (Direct West India Company).
In case of war, rebellion, or other emergency, the Government may take posses- sion of the line and of the stations, offices, and apparatus on such telegraph line, may keep possession thereof for so long as the Governor may think requisite, and may, while such line is in possession of the Government, work the same by Government servants. The Governor shall, out of the general revenue of the Colony, make to the Company such compensation in money for all loss suffered by the Company by the exercise of the powers by this section conferred, other than loss calculated on the basis of an assumed increase of receipts while such telegraph line remains in the hands of the Government, as shall be admitted or determined, in case of dispute by arbitration, to be reasonable in that behalf.
(D.)—In Zanzibar, Seychelles, and Mauritius Contract of April 11, 1893.
In case of war, rebellion, or other emergency, Her Majesty's Government may take possession of such telegraph line and of the stations, offices, and apparatus on such telegraph line, and may keep possession thereof for so long as Her Majesty's Government may think requisite, and the Company shall do all in its power to enable Her Majesty's Government to have and enjoy the benefit and advantage thereof, and Her Majesty's Government may work such telegraph line by Government servants. And Her Majesty's Government shall make to the Company such compensation in money for all loss suffered by the Company, by the exercise of the powers by this clause conferred, as shall be admitted to be reasonable or determined, in case of dispute by arbitration, as hereinafter mentioned.
(E.)—In Turks and Caicos Islands' Ordinance of 1891.
Where, in the opinion of the Commissioner, an emergency has arisen in which it is expedient for the public service that Her Majesty's Government should have control over the transmission of messages by the said Company's telegraph, the Commissioner, by warrant under his hand, may direct and cause the said Company's works, or any part thereof, to be taken possession of in the name of Her Majesty's service, and subject thereto for such ordinary service as may seem fit; or may direct and authorize such persons as he thinks fit to assume the control of the transmission of messages by the said Company's telegraph, either wholly or partly, and in such manner as he directs. Any such warrant shall not have effect for any longer time than one week from the issuing thereof, but the Commissioner may issue successive warrants from week to week as long as, in his opinion, such emergency continues; and the Commissioner shall forthwith thereafter report the same, together with his reasons for issuing any such warrant or warrants, to the Governor-in-Chief of Jamaica, and there shall be paid to said Company as compensation for any loss of profit sustained by the said Company by reason of the exercise by the Commissioner of any of the powers of the present section, out of the general revenue of these islands, such sum as may be settled be- tween the Commissioner and the Company by agreement, or, in case of difference, by arbitration, such arbitration to be conducted as follows:-
1. The Commissioner and the Company shall each, within fourteen days after the delivery by one to the other of a demand in writing for an arbitration, appoint an
arbitrator.
2. The two Arbitrators nominated shall, before entering on the arbitration, nominate an Umpire.
3. If either party or Arbitrator make default in nominating an Arbitrator or Umpire within fourteen days after receiving from the other a demand in writing for such nomination, the Judge of these islands may, on the request of the Commissioner or the said Company, under his hand nominate an Arbitrator or Umpire.
0714
C
14
No comments yet.
Private notes are available after approval.