Deutsche-Atlantische Telegraphen-Gesellschaft to Mr. Hay.

Sir: The undersigned company, “the Deutsch-Atlantische Telegraphen-Gesellschaft,” of Cologne, Germany, hereby respectfully begs to acknowledge the receipt through the medium of the foreign office of Berlin of the President’s gracious consent 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, [Page 313] in the Empire of Germany, and the city of New York, touching at the Azores.

The said company now hereby begs to file its acceptance of the proposed 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 privilege 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.

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 the 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 the 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.

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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.

The undersigned company at the same time most respectfully begs to express its best thanks for the granting of said consent, and awaits with pleasure the final document from the Department of State.

We have, etc.,

Deutsch Atlantische Telegraphenge Sellschaft.

C. W. Guilleaume, No. 36764, Rep.

The undersigned, a notary public for the district of the royal oberlande court at Cologne, residing at Cologne-on-the-Rhine, counselor of justice, Franz Friedrich Wilhelm Goecke, hereby attests under his official seal the genuineness of the above signature, written in his presence by Carl Wilhelm Guilleaume, whose name, occupation, and place of residence are known to him. The said Carl Wilhelm Guilleaume being a merchant, residing at Cologne, and a member of the board of directors of the stock company known as the German Atlantic Telegraph Company (Deutsch Atlantische Telegraphengesellschaft), located at Cologne.

Cologne, May 15, 1899.

[l. s.] Goecke,
Royal Notary and Counselor of Justice.

The foregoing signature of the royal notary, counselor of justice, Goecke, of Cologne, is hereby authenticated. It is further certified that the notary was authorized to give the above certificate, and that the said certificate is in conformity with the legal provisions enforced here.

Cologne, May 15, 1899.

[seal.] Lutzeler,
Chief Justice of the Provincial Court, Superior Privy Counselor of Justice.

Consulate of the United States of America at Cologne, Germany, ss:

I, John A. Barnes, consul of the United States of America at Cologne, Germany, do hereby certify that Lutzeler, whose name is subscribed to the annexed instrument of writing, was, at the time of subscribing the same, Royal Prussian president of the land court of justice, duly commissioned, and that full faith and credit are due to his acts as such.

Given under my hand and seal of office this 15th day of May, A. D. 1899.

[seal.] John A. Barnes,
Consul of the United States of America.

No. 138.

This is to certify that the foregoing document is executed and properly legalized according to the requirements of the German law.

Washington, D. C., May 26, 1899.

[seal.] Holleben,
Imperial German Ambassador.