'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎125v] (261/1904)

4
at the oxide mine or over the accumulated mineral. Lastly when Dr. Listemann,
Consul for Germany at Bushire, addressed Shaikh Sagar direct on 19th November
1907, protesting at his action, he wrote that Messrs. VVonckhaus having purchased
a share in the Mining Company now had a " Madkhal" (means of entry) directly
into the working of the mines. Messrs. Wonckhaus's claims and action were
obviously calculated to bring the Shaikh up against the provisions of the Treaty
of March 6, 1892, with the British Government. (See also item 68.)
The grounds of complaint advanced by Isa bin Abdul Latif were, briefly,
(?) the grant by Hasan of a monopoly which he had no authority to grant;
(n) Hasan's failure/ to consult his partners, the fact of Hasan signing himself
as "owner and holder" of the concession.
(8) Shaikh Sagar on, Srd October 190 work
cease. —The words " and that he should remove his coolies A term used to describe labourers from a number of Asian countries, now considered derogatory. and gear within 10
days might be added.
(9) Thereupon about 20th October* —" After 20th October" the words " Hasan
having taken no notice of his warning " might suitably be inserted.
(40) The boats containing the Shaikh's arm Mum
hy the] British warship Lapwing.—The reasons which made it expedient that
one ofl His Maiesty's ships and a representative of the 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. should be
presenV- Were explained in count 4 of the British Memorandum, but also
item (1) above.
(11) T'wo employes of the firm of Robert Company *
were received with bullets by the Shaikh's arme hack, —The said
employes had no business to be where they were. It was only after they had
persistently ignored repeated shouts of warning that some shots were fired over
their heads. Mr. Brown, who was also one of the parties, is a British subject,
and would doubtless have complained to the 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. if he had thought he had
any legitimate ground for so doing. He has never done so.
Position- of Shaikh Sagar with resfect to th
view of priv
It is stated in the British Memorandum * * *
the representative of Sagar and while he acted latter s'
that Shaikh Salim concluded the lease agreeme —What the British Memorandum
said was : '' Salim declares that in granting the lease of 1898, he merely
acted as proxy for the ruling Shaikh, then absent on pilgrimage to Mecca
* *' * It thus appears that Balim did not conclude the lease
of 1898 in the capacity of owner, but in that of regent * * * ''
Salim himself wrote : ' c When I leased the mines of Abu Musa I was offi
ciating on your behalf and the concession was given by proxy for you ; and I was
well aware that on your return from the pilgrimage to Mecca, if you considered
my action in the matter of the concession was good, you would confirm what
I had agreed to, and if in your opinion it was objectionable you could annul it.
either at the time, or at any other time."
It will be seen later on in these papers that the grant in some capacity by
Shaikh Salim in December 1898 of a concession for exploiting "Mica" in Abu
Musa, has to be admitted. (It was never reported to the 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. and came
to nothing.) At the time of its grant Shaikh Sagar had returned froni his pilgrim
age and states that he was consulted by Shaikh Salim and approved of the
grant. But he—Shaikh Sagar—being present, we cannot maintain in this case that
the concession was granted by Shaikh Salim as regent. The natural explanation
is this. Shaikh Salim admittedly was allowed to reside in the island as tenant
and enjoy the produce, subject always to his own loyal behaviour and to the
will and pleasure of Shaikh Sagar. In the case of the oxide concession the posi
tion would be that Salim gave the concession after obtaining the concurrence of
himself as regent and subject to Shaikh Sagar s confirmation. In the case of
'' Mica ' 5 concession he gave it after consulting Shaikh Sagar who was himself
present.