"الملف 14/115 VII الملحق (B 9) أكسيد جزيرة أبو موسى: مواد خلفية حول هذه القضية" [و‎‎٧‎٣] (١٩٠٤/١٥٦)

13
makes it impossibk to doubt AMaUatifs absolute concurrence iu the agreement with
fhe Mlowiu^-- PaSSage3 m6 E " glish traml3tiM wbidl bear on the point are
( x} ^ Vi ^ P e . ll ' J -f ail spicioiis. It will be good fortune after trouble. In
any case our brother Abdullah must reach there to supervise the work, because I think
the operations cannot be regulated without him. . . " . At any rate, I am glad to
hear this news., if we are safe from this world's tricks more than before." :
in j^ Un ? ; Abdallatif comments upon the transaction
Twisoa^poi +. J 8 H ^P tm S a ? interpretation which entirely ignores the
J • ' ^ ' " c | u o ea, an gives Oisproportionate weight to the following sentence which
is m very general terms :— to
^ a ■■ ■ , e> r ! '\ rf ' 7 5 il '' n ^ roin Bering upon any arrangements whatever in the
wnrT-l f aei)ds 1 0 . 1 contract from which there will arise difficulties and quarrels
which will lead to complaints and claims . . .
Alter all, any agreement may lead to difficulties and quarrels, which cannot be
fc!Ve!1 ^ we go so far as to see in this sentence a condition which
f^bdallatif wishes to attach to the consent which he has already given, the condition
that is, tuat the agreement must not be a kind of lease, it must be said that this
condition is completely fulfilled, for the agreement with Mr. Wonckhaus is simply
a contract for delivery and not a lease contract.
i nne^Vl c? f 11 a ^° ut four months later that Abdallatif, in a letter dated the 3rd October,
Vi Itt ^paDan ? 1324). begs Hassan Samaih to send him a copy of the agreement
wrta W onckhaus (Annex 7 of first ^ German Memorandnm). The reason for this is not
\ a. don xs have now suddenly arisen in Abdallatifs mind in regard to the agreement,
but simpiy that ^ the consul 5 ' would like to see the agreement.^
. ^ I1 vLi j' f A^ 111 ^ ecem bei% 1906 (27 Shaval, 1324) 5 Hassan Samaih complies with
this request (Annex 15 of British Memorandum).
On the 23rd January, 1907 (8 Dulhidje, 1324),t Abdallatif replies that his son Isa is
not satisfaed wita the agreement, because he was not asked his opinion and because he
tears that dilhculties may arise from the business connection with foreigners. He also
lepioaches Hassan Sanaaih for having exercised his own discretion in entering' into the
engagement, whereas ne surely ought not to have bound himself without consulting the
other partners. He goes on to say : " It is better to try to cancel the agreement than
to do as he (the German) wishes."+ The fact that Abdallatif only blames the inde-
pendent action of Hassan Samaih points to the conclusion that he does not dispute
the legal validity of the agreement, and this is made quite clear by a consideration of
a T j Passage m the letter which deals with the question what is to be done now.
Audailatif simpiy advices that an attempt should be made to cancel the agreement
ine-British Memorandum translates the passage in question as followsT—-
J-he nullification of this agreement is better than its acceptance,"
ana explains that the phrase "is better" is a euphemism, common in the- .Arabic
epistolary style, expressing a definite decision.
In view, however, of the two enclosed opinions,§ which, while differing in details in
the result arrived at entirely support the view of the Imperial Government, the latter
must adhere to their contention that the meaning of the passage in question can only
be that the attempt should be made io cancel But this assumes that the
agreement is legally valid. In giving this advice, Abdallatif himself admits that the
agreement has legal force. Furthermore, Abdallatif in his next letter dated +hp
2/th March, 1907 (12 Sefer, 1325),|| again admits that he originally, that is'in his letter
of the 14th June, 1906 (2 i Uebi II, 1324), concurred in the agreement. It is not easy to
. * I* tlle circumstances this can only mean the British Consul, with whom Abdallatif, as consular a cent
is officially connectecL 5
f Annex 36.
t It is noticeable that Abdallatif allows more tban a month to pass—be received the letter
December 21, 1906, as appears from the letter of March 27, 1907—before he sends the answer wW w
previously when Hassan Samaib informed him of the conclusion of the agreement only three days elamel
between tne date of dispatch of this communication and the date on which he sent off liis renlv conrnrrint
Thus we evidently have not here a spontaneous decision of Abdallatif founded entirely on his e4mm»tion^f
the terms of the agreement " ^ Ui
§ Annexes 87 and 88,
11 Annex 39.
[2574 c—1]
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