government affecting traffic with the United States unless the consent of the Secretary of State shall have been procured in advance, provision shall be made in any such agreement whereby it shall be subject to the approval of the Department of State and shall be transmitted to the Secretary of State immediately after execution and the Department of State shall have 30 days next after receipt thereof within which to signify its disapproval of the agreement. (9) That the Government of the United States has the right to assume full or partial control of the cable in time of war or during civil disturbance or when war or civil disturbance is threatened. (10) The rights and privileges conferred by this license shall not be transferred or assigned by the licensee without the consent of the President. (11) That the licensee shall at all times comply with any requirements of the President as regards the location and concealment of the cable buildings and apparatus with a view to protecting and safeguarding the cable from injury or destruction by enemies of the United States. This license is revocable by the President in the event of breach or nonfulfillment of any of the above conditions, or for the reasons specified in section 2 of the act entitled "An act relating to the landing and operation of submarine cables in the United States," approved May 27, 1921. The terms and conditions upon which this license is given shall be accepted by a, duly authorized officer of the licensee and evidence of said acceptance shall be filed with the Secretary of State. The required acceptance shall include a statement that the company has filed with the Department of State a copy of every landing license which it has been granted in any foreign country up to the date of this license, and a copy of all contracts which it up to the date of this license has entered into with any foreign government or with any private concern which in any way provide for the control or fixing of rates or the interchange of foreign traffic, or which may serve in any way to restrict or prevent American companies engaged in furnishing communication services between territory of the United States and foreign countries from extending their activities. THE WHITE HOUSE, May 21, 1929. HERBERT HOOVER. List of agreements of companies with certain foreign governments and companies May 28, 1868___. Do.. July 24, 1869_____ Jan. 31, 1870 - - - - - Oct. 28, 1879_ _ _. June 5, 1880___ Royal Decree (Spain, governing cables between Cuba and Schedule of conditions for establishment and working of Agreement between International Ocean Telegraph Co. Contract between Mexico Telegraph Co. and Central & Contract between the Republic of Guatemala and the Contract between the United States of Colombia and the Contract between the Republic of Nicaragua and the Contract between the Republic of Costa Rica and the Sept. 24, 1880.... Do.. Sept. 17, 1881. May 12, 1882__. Do. Do.. June 14, 1882__ Dec. 17, 1884. Apr. 1, 1887__ Sept. 30, 1889.___. Nov. 15, 1897---- July 29, 1899_ _ _ _ _ _ Do...... Feb. 20, 1906 Apr. 7, 1906___. Feb. 2, 1907-... May 11, 1909_. Sept. 9, 1914...... Convention between Anglo-American Telegraph Co. Contract between the Republic of San Salvador and the Resolution of the Anglo-American Telegraph Co. (Ltd.), Commercial Cable Co. (conditions for landing the cable Concession from Spain to French company of telegraphic cables. Société Francaise des Telegraphes sousmarino. Extract from collection of laws and acts of the Republic of Haiti. Contract between Mexican Government, Mexican Tele- Deed of contract between Portuguese Government and Contract supplementary to the one entered into between Contract between the Government of Ecuador and the Decree of the Provisional Governor of Cuba authorizing License from Provisional Governor of Cuba to French Co. of telegraphic cables. Decree of Provisional Governor of Cuba modifying decree of Dec. 22, 1906, covering cable by Commercial Cable Co. of Cuba. Contract between Venezuela & French Cable Co. Agreement between British Government, the Government of the Dominion of Canada, the Crown agents for the colonies, and the West India & Panama Telegraph Co. (Ltd.). Agreement between Cuba Submarine Telegraph Co. (Ltd.) and the West India & Panama Telegraph Co. (Ltd.). Nov. 30, 1914.. July 22, 1919___. Dec. 30, 1919----- Do. Aug. 3, 1899__ Nov. 14, 1901---- Mar. 21, 1905 -- - - - Apr. 6, 1905_ _ . COMMISSION ON COMMUNICATIONS Sept. 12, 1905----- Oct. 8, 1905. Dec. 30, 1919_ May 27, 1920............. Mar. 16, 1921.......... June 22, 1921_-_ Aug. 24, 1921_.. Dec. 24, 1921__. Feb. 5, 1923... July 24, 1923. Resolution of the King of Denmark to sanction assistance Agreement between British Government, Western Union Indenture made between the King of Great Britain, the Indenture between Europe & Azores Telegraph Co. and Concession by Germany to Deutsch-Niederlandische Contract between the United States of Colombia and the Agreement between the Great Northern Telegraph Co. Traffic Agreement between Commercial Cable Co. and the Commercial Pacific Cable Co. Agreement between Commercial Pacific Cable Co. and Extension of privileges by the Governor of Peru to the Agreement between the Commercial Pacific Cable Co. Concession from China to the Commercial Pacific Cable Agreement between the Government of Japan and the Supplement to the Contract between the Government of Indenture made between the King of Great Britain, the Decree of Cuban Government authorizing cable by Decree of Cuban Government granting to All America Agreement between the British Treasury and the West Decree of Costa Rican Government authorizing cables Agreement between the High Commissioner for Canada Traffic agreement for operation of Guam-Yap-Naba Indenture made between the Government of Newfound- Agreement between Italian Submarine Telegraph Co. Agreement between the Western Union Telegraph Co., Dec. 10, 1923... Agreement between the West India & Panama Tele- March 15, 1924. Definitive contract between the Government of Portugal and the Western Union Telegraph Co. May 31, 1924_______ Authorization by the Dominican Republic to All America Decree of Cuban Government authorizing cable by All Contract between the Western Union Telegraph Co. and Contract between the Deutsch-Atlantische Telegraphen Contract between the Deutsch-Atlantische Telegraphen Agreement between the Deutsch-Atlantische Telegraphen Supplementary Costa Rica contract with All America Indenture made between Chief Justice Administrator of Decree of Government of Cuba authorizing cable by All Agreement between the Western Union Telegraph Co. and Agreement between the Government of France and the Operation agreement between All America Cables (Inc.) ROYAL DECREE In view of the reasons submitted to me by the Minister for the Colonies, in accordance with the opinion of the Council of Ministers, I hereby decree the following: ARTICLE 1. The Minister for the Colonies is authorized to receive, subject to the schedule of conditions approved under this date, tenders in public competition, having for their object the establishment and working of submarine telegraphic cables between the islands of Cuba and Porto Rico, and between the first of the said possessions and Mexico, Panama, and the coasts of the South American Continent. ART. 2. Companies or individuals desirous of taking part in this service must indispensably send in their proposals to the colonial office (Ministerio the Ultramar), in sealed packets, prior to the 1st day of August next, made out in accordance to form appended to the schedule of conditions. ART. 3. For a tender to be deemed admissible to competition it must be accompanied by the voucher proving the previous lodgment in the general caisse of deposits of 50,000 escudos in cash, or the equivalent value thereof in public securities, legally authorized, at the quotation price of the preceding day, or at the rate determined upon by existing regulations as rendering them admissible. Proposals unaccompanied by the said voucher shall be held as not presented. ART. 4. The Subsecretariate of the Ministry will see that the day upon which they are severally received shall be noted upon the envelope of each tender, together with the correlative number corresponding thereto, entering both particulars in a register to be opened for that purpose, the proper certificate showing that the above has been complied with shall be delivered to the person presenting the tender. 51014-29-PT 8-10 ART. 5. Should any party wish to withdraw a tender after it has been handed in he will incur the forfeiture of the deposit lodged according to article 3 as the condition for being admitted to the competition. ART. 6. The Council of Ministers shall, before the 11th day of the said month of August, select such tender as, while embraced within the conditions stipulated in the schedule referred to, it may consider most advantageous to the State in reference to the tariff rates for private correspondence, and the greater brevity of the term required for inauguration of the service; and the preference to be awarded to either of these two descriptions of advantage shall likewise be decided according to the opinion of the Government. ART. 7. The choice having been made, the certificates of the deposits lodged in fulfilment of article 3 shall be returned to the parties interested whose proposals shall not have been accepted. The voucher belonging to the chosen tender shall be reserved as a guarantee to be responsible for the inauguration of the line within the term assigned. ART. 8. Particulars of the proposals sent in expressing which shall have obtained the preference will be published in the Madrid Gazette. Given at the palace this 28th May, 1868. (Subscribed by the royal sign manual.) CARLOS MARFori, The Minister for the Colonies. SCHEDULE OF CONDITIONS FOR THE ESTABLISHMENT AND WORKING OF SUBMARINE TELEGRAPH CABLES BETWEEN THE ISLANDS OF CUBA AND PORTO RICO, AND BETWEEN THE FIRST OF THE SAID ISLANDS AND MEXICO, PANAMA, AND THE COAST OF SOUTH AMERICA First. The company, or individual, who may undertake this service will be bound to lay down and work, at his own expense, submarine telegraph cables between the islands of Cuba and Porto Rico, and between the first of them and Mexico, Panama, and the islands of the South American Continent. Second. The undertaking will make use of the telegraphic line for the objects of its service during 40 years, within which period no concession can be granted for the establishment of other lines between the points mentioned in article 1. When the said term shall have elapsed, the Government shall be at liberty to confer permissions for laying down such new lines as may be solicited, the company continuing to exercise the right of working their own line. Third. As well individuals soliciting the same on their own account as any whatsoever of the different legal entities recognized by law may, under the opportune designation, become contractors for this service. Fourth. In case of one or more individuals becoming concessionnaires, or making a transfer of their rights and obligations to any whatsoever of the firms or companies authorized by law, whether or not they be founders of the same; if the personality subrogated be a company of limited liability, (anonima), or commanditary in shares, the domicile of such company shall be established in the island of Cuba, and its directors or administrators shall be appointed by the Government out of lists of three names proposed by the company so bound. The Government, when it shall consider convenient, may refuse to accept any of those proposed, and demand fresh ternaries of names. Fifth. In case of the contractor establishing his residence outside the said island, he shall have at Habana a person competently authorized, who may represent him in all matters to be treated of in respect to the present service. Sixth. The contractor shall not be able either to transfer or alienate this service without the previous authorization and approbation of the Government. Seventh. The traject or line of transit of the cables which must accomplish the object of placing the said islands in perfect telegraphic communication between themselves and with the points indicated, is left to the choice of the company, which shall construct for that purpose such land lines as may be necessary to effect the union of the cables. Should such lines erected at the cost of the Government be already in existence, the company may add thereto the necessary wires for their own service, after obtaining the proper official authorization. Such portion of the line as it may be necessary to construct in Spanish territory in order to connect the submarine cables with the land stations or with other telegraphic lines, can not be employed in the transmission of telegrams unless for the private service of the company between two points of the said territory, whenever previously acquired privileges shall be opposed thereto. |