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'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [11v] (33/1904)
The record is made up of Four volumes. It was created in 1871-1911. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
16
This argument has all been stated before, and it seems superfluous for me to go
over the ground again.
(49)** The {British) memorandum starts
aiyeh's proceedings were culpable. —Yes this is so. The German quotation, which
follows, of the argument of the British memorandum is not quite a correct one.
The argument of the British memorandum was that " there is nothing in the docu
ments in possession of His Majesty's Government to indicate that Hasan Samaiyeh
occupied the post of the managing partner and that there was every reason to be
lieve that in any case any authority he had did not extend to the grant of such a
contract as this (which tied the hands of the Company for an indefinite period)
without first consulting the partners,
(50) The Imperial Government, however,
of fact, sanction the agreement between Hasan
tion was not really necessary as Hasan Samaiyeh —Ous
reply to this has been (i) that Hasan is proved to have deliberately misled the part
ners as to the nature of the contract and withheld the text from them, and (ii) that
their sanction was necessary.
Hasan had nothing else to work on by way of authority than the condition laid
down in the document admitting Nakhoda Ali to partnership (Enclosure 2 to First-
German Memorandum). It is shown in item 33, that the Memorandum of Asso
ciation (Annex 14 of German rejoinder), was never signed up and never be
came operative, and that the concern was being worked on the conditions prescribed
in Enclosure 2 above mentioned.
Furthermore, it will be noted that Hasan Samaiyeh never attempted to contend
that he was under no obligation to consult the partners, but that he had consulted
them and that they had approved—the fact being that when communicating with
them he had deliberately withheld the text and the important feature in the
contract to which he knew perfectly well they would object. His letters to Nejef
(Annexes 24 to 27} show clearly that on ordinary occasions he did ieel under the
obligation to consult the partners, and that Nejef demurred to his failure to do so
in this case.
(51)**^ It is disputed that Nejef was a far**
connected with personal services and, therefore
en d,—This conclusion is not demonstrated by the documents, quoted.
The subsidiary deed admitting Nakhoda Ali as.a partner in the expenditure
and profits of the Company makes no such suggestion, but on the contrary cieany
places Nakhoda Ali (among the partners i m precisely the same position as-
Id; fellows. Nor can the question, or rather the answer, De begged from the dis
ingenuous query and suggestion made in Abdul Labi's letter to Hasan ox i3rd June
1905 (German Annex 32), Abdul Latif himself states that Hasan s reply to that
letter'indicated that they did recognise Nejef and that he therefore dropped the
suggestion.
(52) TUs mew {that Neief was not a fmina) is shared^ Hasan anwfaftmMt-
dullah and the fmm emrgelicaMy denied lo tU 1 mpmal HwOmrt*
had everrecomised Nejef as a partner,—I have a considerable number o. letters irom
Hasan and Abdullah to Nejef, of which I submit a selection (Annexes ^4 to .A),,
which give the lie to the above denial and conclusively show that they bouh recog
nised Nejef as having donned his father's mantle, as a partner m «ue company.
(53V* He (Neief )saidto Abdullah, son of
Tkaaennan of the Imperial Vice-Cemsuhteat
aaree-ment with Wonckhaus, (vide also the note to tins passage).—Reliance can
iiiither be placed on the statements of Abdullah bin Hasan nor on those of -he then
Dr^-oman of the Imperial German Vice-Consulate (since dismissed).
As regards the declaration of the British subject Brown that Nejef expressed
•ronroval of the contract and offered to sell his share, this being a retraction of what
he stated in his petition to Lieutenant Gabriel on 16th February 1-08, i can omy
About this item
- Content
Correspondence includes the originals and annexes of the Abu Musa report of May 1911; 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. material for first British reply; printed copy of 2nd British reply; Hassan Samiyah's complaint. It also includes the printed arguments of the Foreign Office case. Correspondence discusses arguments based on various translations of Persian and Arabic words.
Correspondents include Percy Zachariah Cox, Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. ; Hassan Samaiyah; Robert Wonckhaus; Mr Tigranes Joseph Malcolm; Bahadur Abdul Latif [Abd’al Latif] , 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. Agent, Sharjah.
- Extent and format
- Four volumes
- Arrangement
The file is arranged in four volumes.
- Physical characteristics
Foliation: This file has been split into four parts. The complete foliation sequence, which should be used for referencing, runs across all four parts and consists of a pencil number, enclosed in a circle in the top right hand corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. of each folio. In each volume the foliation commences on the first folio of writing and concludes on the last. Volume 1 contains folios 1-251, Volume 2 contains folios 252-479. Volume 3 contains folios 480-727. Volume 4 contains folios 728-910.
Foliation anomalies: 478, 478A, 512, 512A, 512B, 512C, 584, 584A, 606, 606A, 640, 640A, 821, 821A, 821B, 821C, 821D, 860, 860A, 865, 865A. Foliation omission: 646.
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- Reference
- IOR/R/15/1/259
- Title
- 'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case'
- Pages
- front-a, back-a, spine-a, edge-a, head-a, tail-a, front-a-i, i-r:ii-v, 1r:28v, 32v:33v, 34v:35r, 39r:42v, 49v:51v, 54r:54v, 58r:62v, 64r:66v, 77r, 124r:135r, 136r:143r, 144r:148v, 151v:152r, 154v:155r, 159r:179v, 181v, 182v:185v, 189r, 192r:251v, iii-r:iv-v, back-a-i, front-b, back-b, spine-b, edge-b, head-b, tail-b, front-b-i, v-r:vi-v, 252r:478v, 478ar:478av, 479r:479v, vii-r:viii-v, back-b-i, front-c, back-c, spine-c, edge-c, head-c, tail-c, front-c-i, ix-r:x-v, 480r:484v, 485v, 486v, 487v:499v, 514r:514v, 517r:517v, 520r:523v, 560r:562v, 564r:565v, 567r:569v, 571v:576v, 580r:583v, 584ar:584av, 595r:604r, 604ar:604av, 606ar:606bv, 620r:620v, 630r:635v, 636v, 639r:639v, 640ar:640bv, 642v:643v, 644v:645v, 647v:649v, 650v:674v, 675v, 677v:678v, 679v, 681v:692v, 694v:707v, 709v:710v, 711v, 713v:724v, 726v:727v, xi-r:xii-v, back-c-i, front-d, back-d, spine-d, edge-d, head-d, tail-d, front-d-i, xiii-r:xiv-v, 728v, 730v:735v, 736v:749v, 750v:754v, 755v:772v, 773v, 775v:781v, 782v, 783v:784v, 785v:806v, 808r:808v, 812v, 813v, 816r:818r, 819v:820v, 821ar:821bv, 822r:823v, 825v, 826v:828v, 829v:831v, 832v, 834v, 835v, 836v:838v, 839v:843v, 844v:847v, 850r:850v, 852v:855v, 859r:859v, 860ar:860av, 860r:860v, 865ar:865av, 865r:865v, 866v, 868v:895v, 896v:897v, 899r:899v, 901v:910v, xv-r:xvi-v, back-d-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
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- Open Government Licence