The President having duly considered the said application, consents that
the said company may lay, construct, land, maintain, and operate
telegraph lines or cables on the Atlantic coast of the United States to
connect Borkum-Emden, in the Empire of Germany, and the city of New
York, touching at the Azores, this concession to become operative when
the Deutsch-Atlantische Telegraphen-Gesellschaft shall have filed in the
Department of State its formal acceptance in writing of the terms and
conditions on which the said consent is given, and which are comprised
in the memorandum inclosed herewith.
[Inclosure.]
memorandum.
In the matter of the application of the
Deutsch-Atlantische Telegraphen-Gesellschaft of Germany for
permission to land on the shores of the United States a submarine
telegraph cable, to be laid between Germany and the United
States.
The President having duly considered said application, hereby
consents that said company may lay, construct, land, maintain, and
operate telegraphic lines or cables on the Atlantic coast of the
United States, to connect Borkum-Emden, in the Empire of Germany,
and the city of New York, touching at the Azores.
It is a condition to the granting of said consent that said company
first file with its said application, in the Department of State,
its written acceptance of the terms and conditions on which said
consent is given, to wit:
I.
That neither the said company, its successors or assigns, nor any
cable with which it connects, shall receive from any foreign
government exclusive privileges which would prevent the
establishment and operation of a cable of an American company in the
jurisdiction of such foreign government.
II.
That the company has received no exclusive concession from any
government which would exclude any other company or association,
which may be formed in the United States of America, from obtaining
a like privilege for landing its cable or cables on the shores of
Germany, and connecting such cable or cables with the inland
telegraphic systems of said country.
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III.
That the said company shall not consolidate or amalgamate with any
other line or combine therewith for the purpose of regulating
rates.
IV.
That the company will, in the transmission of official messages, give
precedence to messages from and to the Government of the United
States of America and of other governments.
V.
That the rates charged to the Government of the United States shall
not be greater than those to any other government, and the said
rates and those charged to the general public shall never exceed the
present telegraphic rates between said countries, and shall be
reasonable.
VI.
That the Government of the United States shall be entitled to the
same or similar privileges as may by law, regulation, or agreement
be granted by said company or its successors or assigns to any other
government.
VII.
That the citizens of the United States shall stand on an equal
footing as regards the transmission of messages over said company’s
lines with citizens or subjects of Germany or any other country with
which said cable may connect.
VIII.
That messages shall have precedence in the following order:
- (a)
- Government messages and official messages to the
Government.
- (b)
- Service messages.
- (c)
- General telegraphic messages.
IX.
The said line shall be kept open for daily business, and all messages
in the order above be transmitted according to the time of
receipt.
X.
That no liability shall be assumed by the Government of the United
States by virtue of any censorship which it may exercise over said
line in the event of war or civil disturbance.
XI.
That the consent hereby granted shall be subject to any future action
by the Congress or by the President, affirming, revoking, or
modifying, wholly or in part, the said conditions and terms on which
said permission is given.