'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎172v] (355/1904)

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disputed that Hassan did attend to part; of the
business of the company, as did some of the other p- 23,
partners, hut that fact has no bearing on the
question whether he had authority to make the
contract in question. The same comment may be
made on the letters from Mr. Malcolm to Hassan, PP- o7 ~ 59 ''
on which reliance is placed by the German P- -3-
Government; in fact, the first two letters are
clear evidence that Hassan did not consider him
self entitled to act without consulting his partners.
The third letter is specifically addressed to the
fum, and not to Hassan, and there is no evidence
to show how it was dealt with. His Majesty's
Government are unable to agree that the proposed
contract was " very similar to that with Wonck- p. 23.
bans," but do not consider the point worth detailed
discussion. No inference in favour of the conten
tion of the German Government can be drawn
from these letters.
Esa's letter to Sheikh Sagar, dated the 20th
February, 1907 (Appendix 27), shows that
he did not consider that Hassan possessed the
authority now claimed for him, and four letters
from Hassan Samieh are annexed (Appendix 18),
which show that Hassan considered himself
under an obligation to consult his partners, and
knew that they were entitled to complain if
he failed to do so. The phrase in Hassan's letter
of the 21st January, 1908, "You know what
friendship existed between us and your father,
Haji AH, deceased, who did nothing except after
consultation in our business," suggests that, if one
partner was more prominent than the others, it
was Nakhoda Ali, and not Hassan.
Hassan's own contention throughout has been,
not that he had authority to conclude the- con
tract without consulting his partners, but that
they approved of it. In his letter to Abdul Latif
(Annex 11 to First German Memorandum) he
says: "You are the Lord of the Learned ; you
know that I did this knowing that you were
agreeable to it." In his letter to Salim (Annex 18
to First German Memorandum) he says: "As
you know, all the contracts and correspondence
from the beginning till this day have been done
bv knowledge and approval of the British political
agent, Abdul Latif, and all of you." This shows
that at the time he did not claim lor himself
the right which is now attributed to him.
In conclusion, His Majesty's Government would
remark that, if Hassan really possessed the right