'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎127v] (265/1904)

8
quite see what we have to lose by producing this letter, seeing that the position
then was as explained in item 26.
(22) Colonel Kemhall certainly seems
i.e.) Salim, as the owner of the mines in question. —Colonel Kemball was not Resident
then, but Colonel Meade. The entry is obviously a very sketchy one. He does
not even know then precisely what mines are referred to, but merely mentions
the report and says enquiries will be made later. These were apparently over
looked, vide item 21 (above).
^23) * * * * And —
(also see footnote to this sentence in German case).—I think the mterpreta- /
tion placed by me on this in (17) above is the right one.
(24) Presumably has a right to do so.—Yes a right enjoyed by him from
Shaikh Sagar and siibject to the latter's pleasure.
(25). When ashed hy the Dragoman of
on the28th November 191)7" what harm is
German firm 1" Shaikh Sagar replied " we English which
prevent us from leasing any part of our te
svhiccts —The accuracy of the above quotation can be impugned, wde my letter
No.' 170, dated 12th January 1908, to the Government of India in which I gave
Shaikh Sagar's version of what passed and drew attention to the fact that tne
German Dragoman did not know Arabic and that the interpreter was Abduila
bin Hasan Samaiyeh, one of the defendants in the dispute whose character is
of the shadiest and whose'motive in putting words into Shaikh Sagar s mouth is
obvious. The then German Dragoman, Mirza Husam, was also a person oi noto
riously evil repute who cannot be regarded as a trustworthy witness. He has
since been exposed and dismissed from employment in the German Consulate.
All the arguments under this count are thus based on an incorrect quota
tion.
(26) This interpretation is evidently e
which would he incompatible with the open —It may be a matter oi opinion
whether the theory, that Article 3 of the Treaty of 6th March 1892 preclxiaes ti.o
grant of a minin g concession to a foreigner, is compatible with the principle Oi
the open door, but that question hardly arises here, because at the time wiien
Shaikh Sagar addressed his letter of 11th October 1902 to Colonel Kemball the omy
warning he had received on the subject was that contained in ioiocei
Meade's letter 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. Agent, Shargah, dated 17th February 1900, m
which the former wrote :■—
'' You should inform the Trucial Chiefs separately that the Resident would
be ready to help them with advice in respect to any proposals made to them
for trading privileges, such as mining concessions, etc. In doing so you would,
of course, make it clear to the chiefs that the Resident has bo desire to iriterieio,
but it would be to their advantage to obtain advice before concluding arrange
ments for monopolies and exclusive privileges, thereby protecting themselves
against unscrupulous traders."
The whole object of this advice was to protect these unsophisticated Shaikhs
against oil unscrupulous persons anxious to exploit their ignorance, whether
British or Foleign, by urging them always to consult 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. before
entertaining applications for concessions.
It is true that later on {vide Foreign Department No. 3177-E.B.. dated 27th
August 1907) I was instructed to '' warn the Trucial Chiefs that the grant of a
concession of any sort to mine or otherwise exploit any portion of their territory
is considered to fall within the scope of this clause," but with the approval of the
Government of India, the Shaikhs were not formally notified to that effect for the
time being and action, pending the settlement of this case, was limited to a
reminder to the Shaikhs by 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. Agent not to entertain applications
from outsiders for mining rights without consulting 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. . For expla
nation of Shaikh Sagar's letter see under item 12.
(27) A little over that amount.— word " little" has been interpolated.
Jn the Arabic it is " wa ziyadeh," i .e., " and oyer " or and more,"