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radio station at Croix d'Hins, Gironde, France. The construction of this station was deemed necessary at the time in order to insure communication at all times between the United States and the Commander-in-Chief of the American Expeditionary Forces. The armistice was signed before the completion of the station, however, and the original purpose no longer existed but it was the desire of the French Government to continue its construction as an after the war project.
Accordingly an agreement was entered into by representatives of the United States and the French Government, whereby the United States was to proceed with the completion of this station for the French Government, that Government to reimburse the United States for the cost of all labor, material and other expenditures. A copy of this agreement is transmitted herewith.
[Enclosure] Agreement between the United States of America and the Republio
of France, Concerning the Completion of the Lafayette Radio Station at Croix d'Hins, Near Bordeaux (Gironde), France
OFFICIAL TEXT (ENGLISH) That, whereas, General John J. Pershing, Commander-in-Chief of the American Expeditionary Forces requested, as a war measure, that he be furnished with a means of assured communication, throughout all times of the year, and as such communication could best be assured from France by the construction of an extra high power radio station, the station now known as the Lafayette Radio Station, at Croix d'Hins, Gironde, France, was undertaken by the French Government.
That, as the towers and apparatus for this station could be manufactured most expeditiously in the United States, arrangements were made for obtaining the necessary material and the labor for its installation from the United States, delivery being assured by the United States Navy.
That, these arrangements were entered into at a time when the contemplated completion of such station would have rendered distinct military assistance during hostilities, thereby enabling the United States Government to more effectually aid and succour the French Government, and the whole project was, therefore, considered purely as a co-operative war measure.
That measures were to be taken, upon the cessation of hostilities, for the eventual purchase, if desired by the French Government, of all material furnished from the United States for the construction of the said station; and it was agreed that the United States Government would be reimbursed, for the costs incurred.
And now whereas: The signing of an armistice by the United States of America, the Allies and the Central European Powers has brought about the cessation of hostilities; thus rendering the military necessity of the Lafayette Radio Station inoperative, and eliminating the original motive for the co-operation of the United States Government in the construction of said station; it is apparent and must be admitted that a complete change of status has unavoidably been effected, and that new arrangements must be made in view of this complete change.
Since both parties have fulfilled in good faith, in so far as was practicable, each its part of the obligations originally assumed, it is now further agreed:
1. That, the French Government desires to continue, as an after the war project, the erection of the radio station at the aforementioned place; and the United States Government recognizes, even though the cessation of hostilities has brought to the fore its other projects for which the material in question is needed and desired, the equity of such a desire. The United States therefore sells to the French Government at cost price all the material and equipment actually delivered in France or to be delivered in France by it for the construction of the Lafayette Radio Station.
2. That, the United States Government will execute, until completion, its work at said station according to the old specifications and according to such new plans as it decides are necessary; all matters concerning the erection of the towers and the installation of arc apparatus to be managed by the United States Government and also those matters incident to such work. As requested by the French Government, the Government of the United States will use for carrying on the work, as much French labor as it judges to be possible, it being understood nevertheless that, it shall be at complete liberty to employ such contractors as it may desire, under the rules usually in force for its own service.
3. That all material and equipment delivered now and in future, and all construction that has been and will be undertaken and executed by the United States Government, is and will be accepted by the French Government and reimbursement therefore will be made to the United States Government, in Paris every three months, beginning on the 1st of April, 1919.
Payments shall be made as follows:
(a) 50 per cent of approximate cost of ma
terial delivered by United States up
to that date.
tures up to that date. July 1, 1919..
(a) 50 per cent of balance due for materials
delivered by United States. (6) Total cost of labor and other expendi
tures between April 1 and July 1. October 1, and each three (6) 1 Total cost of labor and other expendmonths thereafter.
itures for the preceding period of three
after completion of work United States.
tures. 4. That the Government of the United States reserves unto itself the right to such material as it may desire when this material is unessential to the construction.
5. That, satisfactory completion shall be considered as effected when eight (8) towers shall have been erected and the antenna installed thereon, and when the Federal arc apparatus to be installed is ready to deliver five hundred (500) antenna amperes, it being understood that in the meantime the French Government shall have carried on as formerly laid out its work on buildings, foundations and appurtenances thereto, in such manner as not to have delayed the work of the United States Government, and also that the French Government's station layout and location meets if necessary, the fundamental requirements of an antenna capacity of .05 microfarads and ground resistance such as will allow a total oscillating circuit resistance not to exceed 1.g (1.5?] ohms at a wave length of three times the natural period of the antenna.
6. That, the United States Government guarantees the material and the workmanship entering into all material hereby sold to be of standard quality, provided the French Government guarantees all permanent buildings and tower foundations to be safe and adequate for the installation therein and thereon of the material furnished by the United States Government. The French Government having selected with a knowledge of its limitations and advantages, the location of the station and dictated the size and type of the antenna to be installed and the power and type of apparatus to be used, it is understood that the United States Government shall not be held responsible for any shortcomings in these details.
7. That, the United States Government guarantees the French Government against all eventual claims of possessors of the patents known as the Federal Telegraph Company's patents, which might arise at the Lafayette Radio Station, due to the operation by France of the arcs, and in general all the material installed by the United States. In the event of any owners of the patents known as the Fuller developments, successfully maintaining a claim against the French Government for the use of such patents in the Lafayette Radio Station, in connection with material supplied by the United States, the French Government reserves to itself the right to return to the United States all or parts of the arc material at the price originally charged, and the United States will receive same without prejudice.
1"(0)" on copy in files.
8. That, the French Government binds itself to forward the work of the United States Government in all ways which may be desired by the United States Government and the United States Government binds itself to proceed as expeditiously as is in keeping with good economic, engineering practice, this always excepting unavoidable delays brought about by acts of Providence. Paris, February 11, 1919.
G. C. SWEET
LE COLONEL DU GÉNIE FERRIÉ
AMERICAN-ITALIAN PROTOCOL RELATIVE TO RADIO SERVICE
File No. 865.74/1
WASHINGTON, January 16, 1918. MR. SECRETARY OF STATE: As a consequence of an exchange of views between the Navy Department (Navy Commercial Office) and the Naval Attaché to this Royal Embassy, it has been found advisable for the United States Government and the Government of Italy to agree upon the conclusion of an accord to the effect of regulating the radiotelegraphic communications between the two countries, on the special consideration that the lack of a direct cable between the United States and Italy makes the exchange of news particularly difficult and slow in a moment when, on the contrary, it would be of the greatest interest for all to have it work as quickly as possible.
I have, therefore, the honor, by order of my Government, to submit to Your Excellency the enclosed draft of a convention 1 which might
* Not printed; it is virtually the same as the final text, post, p. 847, except for the revisions agreed upon in the following notes.
be signed between the United States and Italy for the normal working of a radiotelegraphic service.
Begging you to let me know the decisions of the United States Government on this proposed convention and draft of it, I have [etc.]
V. MACCHI DI CELLERE
File No. 865.74/2
WASHINGTON, February 14, 1918. EXCELLENCY: This Department, in conjunction with the Navy Department, has given attentive consideration to the draft protocol which you submitted with your note of the 16th ultimo for conclusion between the United States and Italy, to regulate radiotelegraphic communications between the two countries. As a result of that consideration I have the honor to suggest for acceptance by your Government two changes in the draft submitted, as follows:
(1) Paragraph 2 of the draft provides that “ The United States and the Italian Governments acquiesce in setting apart one Italian and one American wireless station of sufficient power to insure radio communications between the two countries." It is suggested that the words “setting apart" be stricken out and substituted by the word “ designating.” This amendment is proposed for the reason that the words “setting apart” might be construed as an obligation upon the United States to use the one station referred to in the paragraph for the Italian service alone and for no other service. In the opinion of the Secretary of the Navy, in which I share, it would be inadvisable for the Government of the United States so to commit itself, since in case the cables to Europe should be cut and it should thereby become necessary to handle all communications to and from Europe by radio, it would be necessary to distribute the urgent official messages for Europe between the several radio stations operated by the Navy Department and have these messages transmitted in the order of their urgency; and it is quite conceivable that a situation might arise which would be highly embarrassing as well as detrimental to the efficiency of communication with Europe if one of the several radio stations controlled by the Navy Department was permanently set apart for communication with Italy alone and could not be used to transmit messages either to France or Great Britain.
(2) It is suggested by the Navy Department that the last sentence in paragraph 3 of the submitted draft reading: “Therefore the United States and the Italian Governments, considering that there is no other direct system of communication between the two countries, will insure transmission by priority over all others of their official