The Department will note that the dossier in question is an exact copy of
that transmitted as an enclosure to the Legation’s despatch referred to
above. I am, however, sending the original enclosure, as received from
the Foreign Office, in the belief that the Department may wish to
possess it as a matter of official record.
[Enclosure—Translation61]
Dossier Prepared by the Uruguayan Government
Concerning Correspondence with the Western Telegraph
Company
Testimony: Montevideo, February 7, 1922. His
Excellency, the Minister of Industries, Dr. Luis C. Caviglia.—Robert
H. Kibbey, Superintendent of the Western Telegraph Company, Ltd., in
compliance with the instructions received from the Board of
Directors in London, has the honor of informing Your Excellency
that, in order to facilitate direct telegraphic communication
between North and South America, via “Barbados Island”, this Company
has resolved as follows:
[Here follows the text of the resolution of January 25, quoted in
telegram no. 3, February 4, to the Chargé in Argentina, page 518.]
I greet Your Excellency with my highest consideration. (Signed) R. H.
Kibbey
Ministry of Industries.—February 9,
1922.—Referred to the Council of Posts, Telegraphs and Telephones.
(Signed) Caviglia.
Directive Council of Posts, Telegraphs and
Telephones.—The Directive Council, in its session of
February 23, 1922—act 1318—resolves to refer this matter to the
Telegraph Commission. (Signed) Cesar Miranda, President.—G. Papini,
Secretary General.
Telegraph Commission.—Honorable Council: The
establishment of submarine cables in this country is governed by the
law of October 17, 1919 which declares the service of cable
communications open to all competitors and prohibits the concession
of privileges, preferences or premiums to the companies. Therefore
the Uruguayan Government is not in any way concerned with the
agreement made between the Western Telegraph Company, Limited, and
the All America Cables.—As in the attached note of February
[Page 533]
15th, last,62 the Western Telegraph
Company requests that, if the Executive Power acquiesces the
renunciation, waiver, relinquishment, etc., the Chargés d’Affaires
of Great Britain and the United States of America accredited to the
Uruguayan Government be so informed, there is no objection, in our
judgment, that the resolution passed be communicated to them. A copy
of this dossier should be transmitted by the Executive Power to the
High Court of Justice. The intervention assigned to it by Article 21
of the law of October 17, 1919, in the differences which may arise
between the cable companies and the Executive Power might make
useful to the former the knowledge of these antecedents. Montevideo,
April 5, 1922. (Signed) J. Rampon.—Julio J. Ader.
Directive Council of the General Administration of
Posts, Telegraphs and Telephones.—In accordance with the
foregoing report of the Telegraph Commission, the Directive Council,
in its session of April 5, 1922—act 1345—resolves that this dossier
be transmitted with an accompanying note to the Ministry of
Industries. (Signed) Rampon, Vice President.—G. Papini, Secretary
General.
General Administration of Posts, Telegraphs and
Telephones.—Montevideo, April 27, 1922.—His Excellency, the
Minister of Industries, Dr. Luis C. Caviglia.—I have the honor to
transmit to your Ministry the attached dossier in regard to the
action initiated by the Western Telegraph Company with the object of
facilitating direct telegraphic communication between the two
Americas, the same having been referred to the General
Administration of Posts, Telegraphs and Telephones, whose Directive
Council, over which I preside,—in its Act No. 1345—approved the
report of the Telegraph Commission. I reiterate to Your Excellency
the assurance of my highest consideration. (Signed) Cesar Miranda,
President.—L. M. Revuelta, Pro Secretary General.
Ministry of Industries.—Montevideo, May 3,
1922.—Referred to the Attorney General of First Instance for
examination. (Signed) Caviglia.
Office of the Attorney General of First
Instance.—The agreement that the Western Telegraph
communicates to Your Excellency has for its object the reciprocal
renunciation made by that Company and the All America Cables to the
exclusive rights and preferences which they claim in various
countries.
As it is not a merger agreement which would require the approval of
the Executive Power according to Article 18 of the law of October
17, 1919, the Uruguayan Government is not in any way concerned.
Therefore Your Excellency must limit yourself to making
acknowledgment without recognizing any exclusive rights or
preferences in
[Page 534]
the Western
which, according to Article 1 of the said law, it does not possess
in the country.
Nevertheless Your Excellency may decide as deemed best.
Montevideo,
May 6,
1922.
—(Signed)
L. Varela.
Ministry of Industries.—Montevideo, May
11, 1922.—In accordance with the foregoing opinion, notify and
file. (Signed) Caviglia.
Ministry of Industries.—Filing and Information
Department.—I have notified the Company of the
foregoing resolution.—Montevideo, May 13, 1922.—(Signed) F.
Castillon.—H. W. Guimaraes.
