"الملف 14/115 VII الملحق (B 9) أكسيد جزيرة أبو موسى: مواد خلفية حول هذه القضية" [ظ‎‎٨‎٨] (١٩٠٤/١٨٧)

now be 'made to certain circumstances which constitute direct evidence 01 Salim s
ownership.
Salim has always exercised the right to wreckage on Abu Musa. In 1898 a boat
belonging to Hassan Samaih grounded on Abu Musa. Salim claimed part of the cargo
on account of his right to wreckage, but finally withdrew this claim in consequence or
the intervention of Abdallatif, and informed the latter of his decision in a letter ot the
23rd March, 1898 (29 Shavval, 1315).* Salim here speaks of the " right belonging to
wg "t and of " oMr Island of A bu M usa." - "
Furtl)er, a boat belonging to Abdallah Muhammed Hassan Alkhadja, a merchant
of Lingah who had for many years carried on an active trade with the Oman coast,^
grounded on Abu Musa about seven years ago, and Salim, not Sakar, took possession of
the boat and cargo as wreck. The question of the sum to be paid to Salim or tne
proportion of the cargo to be kept by him afterwards formed the subject of long
negotiations with Salim, which Hassan Samaih and his son Abdallah conducted on
behalf of Abdallah Muhammed.
Sheikh Salim concluded two lease agreements respecting the oxide mines : the first
on the 6th April, 1898 (14 Dulkade, 1315),J the second on the 10th April, 1898
(18 Dulkade, 1315).§ The first was expressly cancelled by the second. Neither
contains any reference to the regency or representation.
On the other hand, the first agreement contains the passage ; " So long as I, my
children, and my brothers live no one shall have a right to raise objections to it (i.e., the
lease)." This clearly expresses that Salim regarded himself as the owner, since he
speaks of himself and his heirs, which would be impossible if he had only been acting
as the representative of Sakar. If the lease agreement had been concluded in Sakar's
name, Salim could not have declared that no one (including, therefore, Sakar) was to
have a right to raise objections, and, moreover, there would have been no sense m
mentioning Salim's heirs in the agreement.
In the second agreement Salim further secured for himself an annual payment of
100 French reals for the trade in mother-of-pearl and canary seed. Salim has always
levied this sum from the lessees as well as the rent, it; tKeaocument of the 19th
August, 1898 ( 1 Rebi-ul-Tani, 1315; Annex 3 of first German Memorandum), in which
Sheikh Sakar announces his entry into the mining company,
pay a proportional part of the mother-of-pearl due. This is absolutely inconsistent with
Sakar's assertion that he had granted to Salim and at
the same time shows that Salim had a right to the enjoyment in his own name of all
sources of profit to be derived from Abu Musa, and that he could exercise this right
even .as again st the reigni ng s heikh. .• . / • v •;.*'
—f"" Anotutr HrcumsCanceof particular importance in connection with the question as
Id which of the two sheikhs is "the owner of Abu Musa is, that on the 26th December,
1898 (12 Shaban, 1316),[j that is long after Sakar had returned and Salim's regency
| had come to an end, Salim leased to Hassan Samaih, Abdallah, and Isa all the deposits
|of mica on Abu Musa. The lease is for a term of five years, and a total sum of
11,500 French reals is to be paid for it. In the document Salim expressly speaks of
" our Island of Abu Musa."^[ The price of the lease was paid to Salim by bill.
On the 6th January, 1899 (23 Shaban, 1316), 00 Abdallatif sends to Hassan Samaih
the draft of a Memorandum of Association respecting the working of both the oxide and
the mica mines, ft In sending it he observes that Sakar has seen the Memorandum, and
wishes to have a copy of it.t| Sakar, therefore, knew the terms of the agreement about
the mica mines, and knew that the rent was paid to Salim, but he had no objection to
make to the arrangement.
If Salim. has no right of any kind to the island, and if Sakar allows him to have
the revenue from the oxide concession simply out of liberality, how is it that Salim of
his own authority lets the mica deposits and takes the rent before Sakar's very eyes,
and without protest on his part ? This rent of 1,500 French reals was a very con
siderable sum to the Sheikhs Salim and Sakar, who are by no means rich. Would
* Annex 6.
f The first person plural is used in Arabic indiscriminately for the first person singular. Salim nearly
always uses the plural in the Arabic text of his letters and documents.
% Annex 7.
, § Annex 8.
—f- H Annex 9,
' Annexes 1, 2, 10, to 12.
** هذه التواريخ تقريبية Annexes 13 and 14.
ff For further particulars respecting the Memorandum of Association, see pp. 14 below.
At this time Sakar was still a partner in the Company.