'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎4v] (19/1904)

2
I may mention here for the information of Government—it has been
considered unnecessary to mention it in the evidence—that a change
has come about in the relations between Shaikh Sagar and Salim.
Shaikh Sagar's son Khal«jd, Shaikh of Ras-el-Khaima, having died of con
sumption, Sagar sent his uncle Salim there temporarily to take charge
as Deputy Governor. Soon after his arrival there his son committed a
murder in connection with a love affair. Shaikh Sagar wanting to have
the murderer tried and punished: Salim ih order to save his son set
himself up adversely to Shaikh Sagar and placed himself on the defensive.
It being the pearling season and all his men away, Shaikh Sagar took
no punitive action and eventually made terms with Salim and allowed
him to remain as Shaikh of Ras-el-Khaima. He has accordingly
ceased to pay him any pension and withdrawn Abu Musa from his
enjoyment.
I db'iibt think we need mention this as the development is still fresh and had
better be left to crystallize quietly.
Issue (6). A quantity Of similar evidence has been obtained in refutation
of the mercantile and clerical evidence furnished in the German
Rejoinder.
Issue (c). The Memorandum of Association proves never to have, been
• ■ completed or even seen by the other partners—and never to have been
ixi acted upon. Hasan himself iuiw claimed (to Abdul Latif) to be entitled
' to act "on it, nor even mentioned it in his remonstrances. 1 As an
authority in Hasan's hands it did not exist. We concede that Hasan
up to a certain point was managing partner, but this monopoly contract
was a new departure, beyond his powers.
Issue {d). requires no fresh evidence. It is further argued.
Issue (ej. Important evidence has been produced in the shape of Malcolm's
deed of partnership corroborated by a letter of Hasan Samaiyeh,
showing that Hasan himself drew up and inserted a prohibition against
the sale by any partner of any share without the express consent
and signature of'the other partners. In the case of his purchase of
Yusufs share and transfer to Brown, he neglected to comply with, this
condition ; it is therefore invalidated in any case by his own provision.
Issue (/) is combated. No evidence is needed.
May 30, 1911 P. Z. COX.
RetficirJcs on the Gefiuan exposition of those the
are 'not disputed
Shaikh Sagar at the time intended to drive Shaikh
hy force but was frevented from doing so hy
QyU Yes ' indirectly prevented. Shaikh Sagar was reminded by the British
Resident that the principles of the Ma&ime Truce applied to the islands, and
was informed that he must not let his quarrel with his uncle lead to a disturbance
of it. Shaikh Salim was given pacific advice of a like nature. But for his fear
of our displeasure it would obviously have been a simple matter for Shaikh Sagar,
who at that time had all his tribesmen at his back, to send two or three dhows
full of armed men to Abu Musa and eject Shaikh Salim or bring him away. The
latter had no following with him at the time or means of defending himself. But
the British political authorities know by experience that if these Ajab Shaikhs
are allowed to send armed tribesmen to sea in boats, their followers inevitably get
out of hand and probably start firing on or looting innocent craft, and thus dis-
thtb the martime truce generally. We have in consequence been obliged to make
it an invariable rule, not to agree to the passage by sea of dhov)s biVi r>{ armed men,
unless-it be with the express consent of' the Resident and in the presence, if
necessary, of one of His Majesty's ships. As a matter of "fact it would probably
have saved a good deal of subsequent trouble in this case, had the Resident allowed