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mission to land, at such points on the coast of Cuba as may hereafter be determined in accordance with article 8 of this decree, submarine telegraph cables, connecting with any points on the continental coast of the United States of America ; and also to lay the connecting lines between the landing points which may be established on the north coast of the Province of Habana and the office which the company may establish at any point in the city of Habana ; and such connecting lines shall be laid in accordance with the provisions of article 9 of this decree.
ART. 2. This permission is granted for an indefinite period, without prejudice to the rights of third persons and shall not be construed as granting any monopoly whatever in favor of the grantee.
ART. 3. The Government of Cuba reserves the right to suspend this permission or to take possession of the installations, whenever it may deem it necessary to protect public interests and for such time as it may see fit; as also to restrict, modify, or revoke the permission, when the existence of special laws, concessions, or privileges, emanating from the Congress or the Government of the United States, constitute or might constitute an obstacle to the free exercise of the permission herein granted. In all the cases referred to in this article the Government of Cubia will determine, in its discretion, the compensation or indemnity, if any, to be given the grantee.
ART. 4. The grantee shall at all times respect the laws, provisions, or resolutions now in force or which may be issued concerning telegraphic, telephonic, or wireless communication, or any other system which may hereafter be established in the interior of the island of Cuba, in so far as app.icable.
ART. 5. The Government may issue, with regard to this permission, at any time such regulations and provisions as it may deem advisable for the public interests,
Art. 6. The grantee shall establish the rates for the services he may render, in accordance with fixed tariffs, which he shall submit to the Government for approval prior to opening the cable, and for revision every five years thereafter.
ART. 7. The grantee may request that one or more specific parts of the works he intends to construct be declared of public utility for all legal purposes, the Government reserving the right at its discretion to grant or deny such declaration in each case.
ART. 8. The fixing of the points for the landing of the cables and other works in the Cuban maritime zone and littoral shall be effected with the concurrence and under the inspection of the proper authorities of the Cuban Government.
ART. 9. Any connection with the land lines of communication shall be made by officials of the Cuban Government after official permission has been secured therefor,
ART. 10. The permission granted in this decree to operate and maintain a cable service between Cuba and the United States shall become operative on and after January 10, 1907.
ART. 11. The grantee company shall be obliged to pay the taxes tixed by the provisions of inilitary order No. 463, series of 1900, and in the event of the repeal or modification of the same it shall pay those fixed by the provisions which may hereafter be promulgated.
CHARLES E. MAGOON,
Anner to the letter from Mr. Bourget of February 7, 1907–Official Gazette of
the Republic of Cuba, Habana, Friday, February 1, 1907-Decree No. 117
HABANA, January 30, 1907. On the strength of the application filed by the French Company of Telegraphic Cables to have its Caimanera station declared legalized and for license to exchange local messages between that point and Santiago de Cuba and Gualtanamo;
Whereas the legalization of the said station for international traffic within the limits of the concession enjoyed by the company will facilitate communications without injuring the interests of the State ;
Whereas the State has reserved to itself local telegraphic traffic where it has the means of attending to it;
Whereas it was noted on several occasions that the Government telegraphic communications between Guantanamo and the main line of the island were not in very good condition and complaints had been made that these communications were at times defective;
Whereas when telegrams could not be forwarded on those lines, persons living north and east of Guantanamo were cut off from telegraphic communication with the rest of the island except by way of Caimanera and Santiago :
Therefore I hereby order:
1. The station installed at Caimanera by the French Company of Telegraphic Cables is hereby legalized with the right to attend to the traffic within the limits of its concession.
2. The said company is denied the license applied for by it to utilize its lines or stations in Cuba or any part whatsoever of its cable that connects certain points of the island for the transmission of local telegrams between Caimanera and Guantanamo or Santiago, or between any two of the said points except on occasions when the Government is itself unable to take care of the transmission of the telegrams between Guantanamo and any point on the main telegraph system of the island, on which occasions the company will be allowed to exchange telegrams between Guantanamo and Santiago, including telegrams from Guantanamo to or from any point beyond those two last-named stations.
CHARLES E. MAGOON,
Acting Secretary of the Interior. NOTE.—Tlie Gaceta Oficial published this decree in Spanish and English.
Decree No. 133
HABANA, February 2, 1907. Application having been made by the Commercial Cable Co. of Cuba for a modification of article 6 of decree No. 292, dated November 22, 1906, and published in the Official Gazette of December 26, 1906, on the recommendation of the acting secretary of government, I, Charles E. Magoon, by virtue of the powers vested in me as Provisional Governor of Cuba, hereby resolve:
To modify said article 6 of said decree No. 292 of 1906 to read as follows:
Art. 6. The grantee shall establish the rates for the services he may render in accordance with fixed tariffs. Such rates shall be reasonable and at no time exceed the rates at present charged by the International Ocean Telegraph Co., as published in the tariff of said International Ocean Telegraph Co. in force on the date of this decree.
CHARLES E. MAGOON,
[Inclosure No. 1 with dispatch No. 144)
Ministry of Fomento
The Minister of Fomento of the United States of Venezuela, duly authorized by the Federal Executive, party of the first part, and party of the second part Mr. Desire Brun, French citizen, transitorily in this city as representative of the French Cable Co., have agreed to celebrate, and do hereby celebrate, the following contract:
ARTICLE 1. The national Government grants to the French Cable Co., which hereafter shall be called the contracting company, the exclusive privilege for cable communication from Venezuela to foreign parts, utilizing for said communication the line already established between La Guayra and Curacao, from
the latter point to Santo Domingo, in the Republic of the same name, thence by land line to Puerto Plata, thence by cable to Cape Haitien, and from the latter point to New York.
ART. 2. The privilege referred to in the above article shall be for a period of 20 years, counting from the date of this contract.
ART. 3. The National Government also grants to the contracting company for the same period of 20 years the preferential right with regard to third parties and equal conditions to establish any other systems of communication already invented or to be invented.
ART. 4. The company shall continue to use the line which it already has between La Vela de Coro and Curacao for cable communication with the cities in the west of the Republic, but the national Government can suspend the service of this section of the cable when it sees fit without any obligation to indemnify the company.
ART. 5. The contracting company binds itself to charge for each word of the cablegram over its lines the prices as shown in the following table, which shall always be uniform as well for the point of origin as for the point of destination:
1. 20 Santo Domingo Port au Prince.
Mole St. Nicholas.
4.50 Cuba :
5. 50 Caimanera New York,
5.50 Guadeloupe Maria Galante
4. 50 Virgin Islands
5. 10 Guianas: Dutch
5. 10 French
5.60 Salinas (Brazil) --
6. 10 PARAGRAPH 1. To the charges as fixed in the above table shall be added those that are charged on the land line in foreign parts and on the cable lines that do not belong to the company and over which cables have to reach their point of destination.
Par. 2. In case of interruption in cable from Cape Haitien to New York, which is the normal line of communication, the contracting company, which operates three cables to Santiago de Cuba, to Guadeloupe, and to Salinas, shall transmit cables over these lines, charging to any one of said points, in addition to the 5 bolivars per word, maximum tariff in that case to any one of the above points, corresponding to the foreign lines in use.
ART. 6. The contracting company binds itself to deliver to the national Government the quantity of twenty-five one-hundredths of a bolivar per word on telegrams sent and received. It is understood that this sum of twenty-five one-hundredths of a bolivar is included in the internal tariff over the land lines of Venezuela.
Art. 7. The contracting company binds itself to reduce, on the portion which belongs to it, 50 per cent for official telegrams from the Government of Venezuela and the national press. Official telegrams referred to here as well as those of the press shall be provided for in the rules of the International Telegraph Convention (revision of London, 1903).
ART. 8. The national Government has a right to name a fiscal in the offices of the company when it sees fit and for the time it deems necessary. The national Government shall also have the right to forbid the transmission of any private telegram which seems to offer danger to the State or which is contrary to the laws of the country, to public order, or to good customs.
ART. 9. The contracting company recognizes the right of the national Government to ask for the removal of the company's employees in Venezuela, merely indicating the cause which actuates the request for removal.
ART. 10. The contracting company binds itself to deliver gratis and daily to the Ministry of Fomento its bulletins of world's news as soon as received and to place them in prominent locations in their offices in the Republic.
ART. 11. The contracting company has the right to maintain a central office in Caracas and to utilize for its service the land line which it has established from this city to La Guira.
Art. 12. The contracting company binds itself to submit semimonthly to the Ministry of Fomento a detailed report of all official and private cablegrams received and sent.
ART. 13. The national Government exonerates the contracting company from all national, municipal, and State tax, including that of stamps.
Art. 14. The national Government exonerates the contracting company from customs duties for the introduction of the implements and fixtures indispensable to its service, in each case the company fulfilling the legal formalities.
ART. 15. It is agreed that all interruption in foreign communication lasting more than six months in the first five years of the contract and four months in the remaining period shall be equivalent to annulment of this contract.
ART. 16. The present contract can not be transferred to a third party without the consent of the national Government and in no case can it be transferred to a foreign government.
Art. 17. All doubts and controversies arising as to the understanding and fulfillment of this contract shall be decided by the competent tribunals of Venezuela, but in no case can it give rise to international claim.
Two copies of the same tenor and to one effect made in Caracas, May 11, 1909_98th and 51st.
The undersigned, Dr. Jevenal Anzola, in his character as attorney general of the nation and by virtue of special instruction from the Federal Executive, as appears in an official note from the Minister of Internal Relations, dated May 10, 1909, No. 820, which is hereby annexed, party of the first part; and for the party of the second part, Desire Brun, representative of the French Cable Co., according to a power of attorney, the original of which accompanies this document, to be returned leaving a certified copy thereof, hereby declare that in order to end absolutely and definitely all questions and claims pending between the United States of Venezuela and the French Cable Co., whatever their origin and nature may be, have agreed to celebrate, and do hereby celebrate, the agreement as contained in the following articles :
ARTICLE 1. The French Cable Co. acknowledges and accepts the annulment of the contract it has with the national Government dated April 23, 1895, said annulment having been decreed by the Federal and cessation court on August 4, 1905.
ART. 2. The French Cable Co., hereafter to be called the company, cedes and transfers for the possession and property of the Government of Venezuela the coastwise cable lines which it has between La Guira and Puerto Cabello, between La Vela de Coro and Maracaibo, and between La Guira, Higuerote, Cumana, Porlamar, and Carupano, and the lines and land offices pertaining to these cables, with all the apparatus, utensils, and accessories at present belonging to them, everything in the state in which it is found at present.
Art. 3. The national Government grants to the company the exclusive privilege of cable communications from Venezuela to foreign parts for a period of 20 years and in the terms and under the conditions of a special contract entered into between the Minister of Fomento and the said company, said contract to be incorporated with this agreement as an integral part of it.
ART. 4. All the suits and executions at present pending between the nation and the company are hereby terminated for the purpose of which this original document shall be added to the papers in the suit which the nation is at present carrying on against the above-mentioned company in the superior court of this district. A certified copy of this same document shall be added to the papers in the suit which was pending in the Federal and cessation court for annulment of the contract heretofore mentioned.
ART. 5. Both parties formerly and forever renounce all actions and claims proceeding from questions which have been a matter of litigation between them, ART. 6. The nonfulfillment by either of the parties to this transaction constitutes, ipse facto, its annulment.
ART. 7. The present agreement shall be ratified by the French Cable Co. at its next meeting of shareholders and in accordance with its statutes.
Two copies of the same tenor and to one effect made this day, the 11th of May, 1909, in Caracas-ninety-eighth and fifty-first.
Copy of agreement, dated August 10, 1914, between His Majesty's Government, the Government of the Dominion of Canada, the Crown agents of the colonies, and the West India & Panama Telegraph Co., (Ltd.), for the reduction of rates in respect of telegrams passing over the company's system
An agreement made the 10th day of August, 1914, between William Wedgwood
Benn and William Jones, Esqs., two of the Lords Commissioners of His Majesty's Treasury, (hereinafter called “the treasury," which expression shall, where the context admits, include the Lords Commissioners of the treasury for the time being), for and on behalf of His Majesty's Government, of the first part; Sir Reginald Laurence Antrobus, K. C. M. G., C. B.; Sir Maurice Alexander Cameron, K. C. M. G., late a major in His Majesty's Corps of Royal Engineers; and Sir William Hepworth Mercer, K. C. M. G., all of Whitehall Gardens, in the city of Wesminster, the Crown agents for the colonies, (hereinafter referred to as the Crown agents," which expression shall include, where the context so admits, the Crown agents for the colonies for the time being), acting for and on behalf of the Governments of Trinidad, British Guiana, Barbados, St. Kitts, Antigua, Dominica, St. Lucia, St. Vincent, and Granada, of the second part; the Hon. George Halsey Perley, a member of the Canadian ministry for and on behalf of the Government of the Do minion of Canada, (hereinafter called “ 'the Canadian Government," which expression shall, where the context admits, include the Government of the Dominion of Canada for the time being), of the third part; and the West India & Panama Telegraph Co., (Ltd.), whose registered office is at 4 South Place, Finsbury, in the county of London, (hereinafter called “the company." which expression shall, where the context admits, include their successors and permitted assigns), of the fourth part.
Whereas the company's rates of charge to the public in respect of the transmission from place of origin to place of destination of ordinary telegrams sent between the respective places mentioned in the first schedule hereto and passing over the company's system of telegraphs and submarine cables have hitherto been the respective rates specified in the said first schedule; and
Whereas for the considerations hereinafter appearing the company have agreed to reduce the said rates in manner hereinafter more particularly set forth.
Now, therefore, it is hereby mutually covenanted, agreed, and declared between the said parties hereto as follows, (that is to say):
1. In this agreement wherever the context admits the expressions
(a) “The Direct Co." and "the Halifax Co.," mean the Direct West India Cable Co. and the Halifax & Bermudas Cable Co., respectively.
(6) “ The colonies means and includes all the colonies named in the second schedule hereto.
(c) “Foreigner" means and includes any person who is not a British subject.
(a) “Foreign corporation ” means and includes any corporation not having its principal place of business in His Majesty's dominions or not being established under and subject to the laws of some part of those dominions.
(e) “Government telegrams” means and includes all telegrams transmitted or to be transmitted on behalf of His Majesty's Imperial Government or the Government of any part of His Majesty's dominions.
(f) “ International convention" means the International Telegraph Conteltion made at St. Petersburg and dated July 10-22, 1875, and includes any modification thereof to be made from time to time.
(9) “International regulations" means the regulations made in pursuance of the international convention as revised at the International Telegraph Confer. ence held in Lisbon in 1908, and includes any further revision or modificatioa thereof to be made from time to time at any similar conference.