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nunciation, the Argentine Government does not consider that contract constitutes an obstacle to granting equal privileges to an American company and he promised me early written note in confirmation...

RIDDLE

811.73 W 52/76: Telegram

The Ambassador in Brazil (Morgan) to the Secretary of State

RIO DE JANEIRO, August 13, 1922-10 a.m.

[Received August 14 9:35 a.m.] 92. Agencia Americana has arranged that Presidents Harding and Pessoa shall exchange complimentary telegraphic messages on September 7th over new line Brazil-Barbados-Miami. Manager of agency inquires whether cable line can be opened for this service on that date now that interested governments have given Western and All America Companies permission to surrender their respective monopolies on east and west coasts.

MORGAN

811.73 W 52/76: Telegram

The Secretary of State to the Ambassador in Brazil (Morgan)

WASHINGTON, August 17, 1922—4 p.m.

116. Your 92, August 13, 10 a.m.

Argentine Government has not, as yet, formally acquiesced in waiver by Western Telegraph Company of monopolistic privileges now enjoyed by it in the Argentine. It is hoped that favorable action in that respect will be taken shortly by the Argentine Government. Department will be most happy to arrange for proposed exchange of complimentary messages as soon as Argentine Government has acquiesced, thereby making it possible to issue a license to operate the cable at Miami Beach for the purpose of carrying messages between the United States and South America.

HUGHES

835.73/158: Telegram

The Secretary of State to the Ambassador in Argentina (Riddle) WASHINGTON, August 21, 1922-3 p.m.

41. Your August 11, 7 p.m.

It will be a source of great satisfaction to me personally, if, before my departure from Washington Wednesday next, I should be in a

position to announce definitely the opening of this additional means of communication with the countries of South America.

Please see the Minister for Foreign Affairs, advise him of the foregoing, emphasize my personal interest, and express the hope that he may find it possible to give the promised confirmation which would be most gratifying to this Government.

HUGHES

835.73/160: Telegram

The Ambassador in Argentina (Riddle) to the Secretary of State BUENOS AIRES, August 23, 1922-6 p.m. [Received 8:15 p.m.]

57. Your 41, August 21, 3 p.m. Foreign Office has just sent me copy of resolution signed to-day by Minister of the Interior, translation follows:

"Buenos Aires, August 23rd. Considering the requests of the Western Telegraph Company and the All America Cables, Incorporated, and the request contained in the memoranda of the Embassy of the United States and considering the report of the Directorate General of Posts and Telegraphs and the decision of the Attorney of the Treasury and without admitting the existence of the privileges claimed by the Western Company as regards communication with the countries of America or the right either to abandon in favor of any specific concerns any privileges which it might possess or the right to assign or transfer said privileges; the Minister of the Interior resolves

To make known to the interested parties that the contract of June 3rd, 1909, with the Western Company is not an obstacle to conceding to American companies the right to land a cable in the territory of the Republic or to sending telegrams by cables of United States companies.

Let it be communicated to the Directorate General of Posts and Telegraphs in order to put this resolution into execution in conformity with the aforementioned considerations. (Signed) Beiró ".

RIDDLE

811.73 W 52/92a: Telegram

The Acting Secretary of State to the Ambassador in Argentina

(Riddle) 66

WASHINGTON, August 25, 1922-7 p.m.

44. Your 57, August 23, 6 P.M.

The President today signed a license authorizing the Western Union Telegraph Company to land and operate at Miami Beach,

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The same, mutatis mutandis, to Brazil (no. 131), to Colombia (no. 43), to Ecuador (no. 21), to Peru (no. 55), and to Uruguay (no. 15). (File nos. 811.73 W 52/92c, 92f, 92d, 92e, 92b.)

67

Florida, a cable extending from there to Barbados where it connects with a cable of the Western Telegraph Company, Limited, going to Brazil. The granting of this license was conditioned on the waiver by the Western Telegraph Company and by the All America Cables, Inc., of their exclusive privileges in South America. This action was taken after satisfactory expressions were received from the Governments of South America concerned regarding the waivers of the Western Telegraph Company and All America Cables.

You may convey to the Argentine Government an expression of this Government's appreciation of the sympathetic consideration which was accorded by the Government of Argentina to the proposal of this Government and the Companies concerned looking to the removal of restrictive monopolies in cable communications, and express the hope that the way is now open for free and beneficial competition for cable traffic and for the establishment of additional cable facilities between North America and South America and between the countries of South America resulting in closer business relations, freer exchange of ideas and more intimate association of the people of the Western hemisphere.

PHILLIPS

FAILURE TO SECURE RATIFICATION OF THE CABLE AGREEMENT BETWEEN THE UNITED STATES, GREAT BRITAIN, AND ITALY, SIGNED AT THE PRELIMINARY COMMUNICATIONS CONFERENCE OF 1920 68

573 A 1/a: Telegram

The Secretary of State to the Chargé in Great Britain (Wright)

WASHINGTON, March 9, 1921-4 p.m. 135. Delegates of Great Britain, Italy and United States to Preliminary Communications Conference reached an agreement on December 10, 1920, providing for reciprocal facilities for the landing of cables for relay purposes.69 The agreement was concluded ad referendum to the respective governments for approval and subject to ratification in accordance with their constitutional forms. Agreement was attached as an annex to report of Sub-Committee on International Cable and Radio Law and on Cable Landing Rights.

Please communicate with Foreign Office, calling attention to facts set forth above, and stating that this Government considers it de

67 The license, however, bears the date of Aug. 24.

68

For papers on the Preliminary Communications Conference of 1920, see Foreign Relations, 1920, vol. 1, pp. 107 ff.

For text of agreement, see telegram no. 91, May 14, 1921, to the Ambassador in Italy, p. 539.

sirable that the three signatory countries should reach an understanding regarding the best method of giving effect to the agreement, and to bring about the adherence thereto of other nations, and that it is suggested that plenipotentiaries might be designated by each nation to sign the agreement again with slight modifications not affecting its substance, such modifications to consist merely of a preamble, which would take the place of the first paragraph, and of the addition of conventional provisions with regard to adherence by non-signatory powers, ratification, and termination. Inquire if such procedure would be agreeable to British Government. Repeat mutatis mutandis as Department's No. 35 to Rome.

HUGHES

573 A 1/4: Telegram

The Ambassador in Italy (Johnson) to the Secretary of State

ROME, May 7, 1921-5 p.m.
[Received May 8-6:20 a.m.]

71

119. Reference Department's 35 March 9th,70 and 80, April 29th,"1 and Embassy's 115, May 4th," concerning agreement of Preliminary Communications Conference. Foreign Office now informs Embassy in note verbale that before expressing an opinion in the matter the competent Royal ministries to which the question was referred desire to be informed as to what telegraph cables America and England wish to have established in contact with the Italian coast. They also desire to be informed whether the conference contemplates relay stations with automatic or manual transmission or stations destined for the acceptance of local telegrams. Foreign Office promises immediately to examine into the matter further as soon as this information is furnished.

JOHNSON

573 A 1/5a: Telegram

The Secretary of State to the Ambassador in Italy (Johnson)

WASHINGTON, May 14, 1921-5 p.m. 91. For your information the following is full text of agreement of December 10, 1920 referred to in Department's 35 of March 9, 1921, 4 p.m.70

"The undersigned, representatives of the Governments of the United States of America, Great Britain and Italy, have concluded

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the following agreement providing for reciprocal facilities for the landing of cables for relay purposes, ad referendum to their respective Governments for approval and subject to ratification in accordance with their constitutional forms:

Certain points and islands shall be especially designated as available on equal terms to the nationals of all the states, signatory to this protocol, which give reciprocal facilities for the landing of cables for automatic relay purposes or for manual retransmission. The sovereignty of the state having jurisdiction over the point or island in question shall be in no wise impaired or limited except as provided in this agreement. If as a consequence of the point or island in question being made a military or specially defended area, it becomes desirable that a cable already landed on such point or island should be removed, the state concerned can require the removal of the cable in question on a reasonable notice. The detailed conditions. governing the landing of a cable and its possible removal shall form the subject of agreement between the parties interested.

Messages in transit over such cables are not subject to interference, examination or censorship by authorities of the jurisdiction unless the state having jurisdiction is itself a party to a war or obligated to maintain neutrality or involved in a local disturbance; in the two latter cases supervision of messages is permitted only to the extent necessary in order to insure that no unauthorized local messages are transmitted.

Messages in transit over such cables are not subject to a transit tax nor are the owners of the cables subject to any taxation except an income tax upon the proceeds of any local business done and taxation upon the tangible property within the jurisdiction, which taxes shall be general and non-discriminatory. Persons engaged in the local operation of the cable and their property within the jurisdiction are subject to such general and non-discriminatory taxation as is or may be payable by all persons or property within the jurisdiction."

Signed by representatives of the United States, Great Britain and by Brambilla for Italy.

It was clearly understood by the framers of above agreement that it was drawn up without reference to any specific plans for cable extension. The purpose of the agreement was to provide a working basis upon which the signatory countries, which it was hoped would eventually include most of the countries of the world, could proceed with general plans for cable extension. You will observe from the text of agreement that details concerning the landing of any specific cable are subject to agreement of parties concerned. In view of foregoing the Department does not fully understand why the Italian Government should require information concerning specific plans before considering further the agreement of December 10th. You may inform the Italian Government that the Department has no information concerning plans to lay an American cable to Italy nor has it any information concerning British plans.

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