'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎9v] (29/1904)

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(35) Another document which is of imp
ownership * * * is the letter ad hy
to Hasan Samaiyeh on the 12th Ncfamber
a dispute has arisen between Salim andSakar —The explanation
of the dispute regarding Sir is a very simple one and disposes of all the arguments
which the German Memorandum basis on it.
Abdul Latif's note on the subject (Annex 13) explains the positon fully and
his explanation is corroborated by papers already filed with the case and is also
confirmed by our records.
Abdul Latif had no hesitation about Abu Musa, because Sagar had admittedly,
in connection with the oxide concession, allowed Salim to enjoy what income
he could get out of the island, but in the case of Sir there was no longer such an
arrangement. The agreement of 1884 had been revised; and another agreement
(1889) executed, in which mention of Sir had been eliminated. So until the two
Shaikhs came to an understandng nothing could be done.
In effect Salim said to Sagar : " You gave me the revenue of Sir, because it was
supposed to bring in $ 200, but you never made it up to me when it did not; now
that there is some chance of getting some income from it you won't let me have it."
Sagar replied to Salim: " The agreement (1884) under which I let you have the
produce of Sir lapsed, and in the existing instrument between us the income of
that island is no longer included; meanwhile I have since resigned to you the income
of Abu Musa which is quite enough for you, and I am no t prepared to give you
that of Sir as well.
(36) * * * Three residents
their certain knowledge Abu Musa has alwa
Salim. —The three residents referred to are:—
(i) Abdul Muhsin ibn Ahmed al Mushari.
(ii) Abdarrahman ibn Muhammad ibn Kaaim.
(Hi) Hamd ibn Khalifa al Uyuni.
They are all persons whose opinions would not be of the slightest weight on
this point, even if they were bondfiie, but they are all objectionable witnesses.
(i) is a petty trader, associated with Hasan Samaiyeh in pearl dealings.
His opinion is of no value whatever in regard to the question under reference
(see i.lso Annex 14).
(ii) formerly French Agent, dismissed from his post as unfit. Has been
frequently subject of complaint from Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. in the past and is so at the
present time, on account of his still trying to run a under the French flag
to which he has no right (see also Annexes 14 and 15).
(Hi) was a petty merchant always in a state of bankruptcy and receiving
help from Hasan Samaiyeh. He recently died insolvent (see also Annex 14).
In refutation of the above, I produce statements (Annexes 8, 9, and 10) to an
entirely contrary effect from various and important Arab Shaikhs of the littoral,
most of them of the same stock as the Chiefs of the Truc'al Coast. They belong
to the category of maritime Arabs who up to comparatively recent years possessed
and ruled the littoral on both shores of the Gulf. Their whole history has been
bound up with the coast and islands of the Gulf, and their views must necessarily
be of the greatest weight.
It will be seen that they are unanimous in the opinion that Abu Musa Island
is the property of the Ruling Chief of Shargah.
(37) * * It cannot he questio
of the reigning Shaikh and even as
of the usufruct just like an owner et sequitur.—It is admitted that as tenant
he enjoyed the usufruct subject to the consent of the reigning Shaikh, but not
"as against 5 ' the latter, except qua private individual and in so far as