(b) It is further understood that the public service rendered by the Firestone radio station on the Du shall be listed as supplementary to the Government's public radio service in that it will provide additional communication facilities for the general public. It is understood that this is not intended to mean that the Government has any claim, ownership or interest of any kind in the Firestone radio stations nor has the Company any claim, ownership or interest of any kind in the Government radio stations. It is further understood that in the operation of the public service licensed herein that all public service messages originating in the United States of America routed over the Firestone circuits shall be relayed without charge from the Firestone radio station on the Du to the Liberian Government station, Monrovia, for delivery and that all public service messages originating in Liberia and offered and accepted at the Firestone stations shall be relayed to the Liberian Government radio station at Monrovia by the Firestone Plantations Company without charge and shall be by the latter station transmitted to the Firestone station at Akron for delivery. It is further understood however that the above arrangement for transmission of public service messages under this Agreement does not apply to private messages of employees of Firestone Plantations originating in or destined for the area of the Firestone Company's operations. Such messages may be sent and received direct by the Firestone radio stations under the terms and conditions hereinafter set forth. If, in the future, during the period of this Agreement either party desires a change in this Agreement, it is understood such change can be made by mutual consent of both parties. (c) Copies of all public service messages transmitted or received over radio circuits licensed hereby shall be filed with the Post Office Department of the Government by the Tenth Day of Each Month following and thereupon the Licensee shall pay to the Liberian Government a sum equal to Seventy Five percent of the Net revenue accruing to the Licensee from the transmission of such public service messages. It is further understood and agreed that all messages of the Firestone Plantations Company concerning its business shall be exempt from payment of any toll or charge or part thereof to the Liberian Government and shall not be subjected to the aforementioned filing and accounting. It is further understood that this license shall not be extended or interpreted to extend to or modify any prior written understanding or agreement between the Government and the Firestone Plantations Company as to the latter's messages relating to its own private business. (d) It is understood however that exemption from toll or charge of business messages of Firestone Plantations Company shall not extend to or include private messages of its employees which shall be subject to accounting and charge as hereinbefore set out as public service messages. (e) The rate of charge per word for communications passing over the circuits of Licensee shall be fixed by agreement between the two parties hereto but such rate of charge shall in no event be higher than charged for any competing radio service between Liberia and the United States of America. (f) Tolls or charges for forwarding or delivery of messages beyond the stations of the Licensee shall be deducted before computation and settlement of the net revenue as herein provided. (g) Messages of the Government of the Republic of Liberia and of the Government of the United States of America shall be handled at one half the radio rate between Liberia and Akron, Ohio, U.S.A., to which shall be added the toll beyond the radio termini. Government messages transmitted over radio circuits of the company shall take precedence over all other public service messages. (h) This license shall not be assigned or transferred except to a bona fide subsidiary or affiliated company of Firestone Plantations Company organized to carry on the business of transmission and receipt of public service radio communication and subject to the terms hereof. The Government shall be duly informed of the organization of such a subsidiary or affiliated company and of the transfer to said company of the rights herein granted. (i) It is further understood that if for any reason the Liberian Government radio station is unable to transmit public service messages and the Firestone radio stations are required to handle the public service radio traffic between the United States of America and Liberia for a period of more than three months then the net tolls accruing shall be divided equally between the parties hereto, as long as such inability on the part of the Government radio station exists. (j) If, in the event of war or other public emergency, the Government of the Republic of Liberia or the Government of the United States of America should take over control of the Licensee's radio stations in their respective countries, this license shall be regarded as on suspension to be automatically renewed when the cause of such suspension shall have been removed. (k) The Licensee and the Government of the Republic of Liberia shall aspire in a friendly manner to adjust and dispose of any dispute or disagreement which may arise under this Agreement. However, in the event that any such dispute or disagreement cannot be settled between the two parties the same shall be determined by arbitration in accordance with the provisions of Article Four, Par agraph N, of Agreement Number two, dated October 2, 1926 between the Government of the Republic of Liberia and Firestone Plantations Company.69 (7) It is further understood and agreed that this license is granted subject to compliance of the Licensee with the provisions of the Radio Act of 1927 and the conditions herein contained. (m) This Agreement shall remain in force for a period of Fifteen Years from the date hereof and thereafter it shall automatically be renewed for additional terms of Five Years each unless terminated at the end of the said original Fifteen Years or any Five Year additional term by written notice to be served by either party upon the other at least One Year prior thereto. Wherefore, the parties hereto have caused this Agreement to be executed by their respective Officials, duly authorized, on the day and year set out above the signatures of each party. 22nd day of January, 1929 THE GOVERNMENT OF THE REPUBLIC OF LIBERIA 22nd day of January, 1929 FIRESTONE PLANTATIONS COMPANY Foreign Relations, 1926, vol. п, рp. 561, 566. LITHUANIA TREATIES OF ARBITRATION AND CONCILIATION BETWEEN THE UNITED STATES AND LITHUANIA, SIGNED NOVEMBER 14, 1928 711.60 M 12A/5 The Lithuanian Chargé (Bagdonas) to the Secretary of State No. 723 WASHINGTON, August 3, 1928. SIR: Referring to your note dated April 5, 1928,1 regarding the proposed treaties of arbitration and conciliation to be concluded between the United States and Lithuania, I have the honor to inform you that I am in receipt of a communication from my government stating that the government of Lithuania has accepted with great satisfaction your proposal to sign the above mentioned treaties. I have been instructed by my government to inform you also that the treaties of arbitration and conciliation will be signed by the new Minister of Lithuania to the United States, who will be appointed in the near future and who is expected to arrive in Washington in October of this year. Please accept [etc.] Treaty Series No. 809 MIKAS BAGDONAS Arbitration Treaty Between the United States of America and Lithuania, Signed at Washington, November 14, 1928 2 The President of the United States of America and the President of the Republic of Lithuania Determined to prevent so far as in their power lies any interruption in the peaceful relations that have always existed between the two nations; Desirous of reaffirming their adherence to the policy of submitting to impartial decision all justiciable controversies that may arise between them; and 'Not printed; it was the same, mutatis mutandis, as note of Apr. 9, 1928, to the Finnish Minister, vol. II, p. 804. 'Ratification advised by the Senate, Dec. 18 (legislative day of Dec. 17), 1928; ratified by the President, Jan. 4, 1929; ratified by Lithuania, Nov. 19, 1929; ratifications exchanged at Washington, Jan. 20, 1930; proclaimed by the President, Jan. 20, 1930. Eager by their example not only to demonstrate their condemnation of war as an instrument of national policy in their mutual relations, but also to hasten the time when the perfection of international arrangements for the pacific settlement of international disputes shall have eliminated forever the possibility of war among any of the Powers of the world; Have decided to conclude a treaty of arbitration and for that purpose they have appointed as their respective Plenipotentiaries The President of the United States of America: Mr. Frank B. Kellogg, Secretary of State of the United States of America; The President of the Republic of Lithuania : Mr. Bronius K. Balutis, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Lithuania at Washington; Who, having communicated to each other their full powers found in good and due form, have agreed upon the following articles: ARTICLE I All differences relating to international matters in which the High Contracting Parties are concerned by virtue of a claim of right made by one against the other under treaty or otherwise, which it has not been possible to adjust by diplomacy, which have not been adjusted as a result of reference to an appropriate commission of conciliation, and which are justiciable in their nature by reason of being susceptible of decision by the application of the principles of law or equity, shall be submitted to the Permanent Court of Arbitration established at The Hague by the Convention of October 18, 1907, or to some other competent tribunal, as shall be decided in each case by special agreement, which special agreement shall provide for the organization of such tribunal if necessary, define its powers, state the question or questions at issue, and settle the terms of reference. The special agreement in each case shall be made on the part of the United States of America by the President of the United States of America by and with the advice and consent of the Senate thereof, and on the part of Lithuania in accordance with its constitutional laws. ARTICLE II The provisions of this treaty shall not be invoked in respect of any dispute the subject matter of which (a) is within the domestic jurisdiction of either of the High Contracting Parties, 'Foreign Relations, 1907, pt. 2, p. 1181. |