Papers Relating to the Foreign Relations of the United States, 1918, Supplement 2, The World War

File No. 811.7451/–

The Secretary of the Navy ( Daniels) to the Secretary of State

Washington, November 24, 1919.
[Received November 26.]

Sir: During the war, the Navy Department undertook to cooperate with the French Government in the erection of a high power radio station at Croix d’Hins, Gironde, France. The construction of this station was deemed necessary at the time in order to insure communication at all times between the United States and the Commander-in-Chief of the American Expeditionary Forces. The armistice was signed before the completion of the station, however, and the original purpose no longer existed but it was the desire of the French Government to continue its construction as an after the war project.

Accordingly an agreement was entered into by representatives of the United States and the French Government, whereby the United States was to proceed with the completion of this station for the French Government, that Government to reimburse the United States for the cost of all labor, material and other expenditures. A copy of this agreement is transmitted herewith.

. . . . . . . . . . . . . .

Sincerely yours,

Josephus Daniels

[Enclosure]

Agreement between the United States of America and the Republic of France, Concerning the Completion of the Lafayette Radio Station at Croix d’Hins, Near Bordeaux (Gironde), France

Official Text (English)

That, whereas, General John J. Pershing, Commander-in-Chief of the American Expeditionary Forces requested, as a war measure, that he be furnished with a means of assured communication, throughout all times of the year, and as such communication could best be assured from France by the construction of an extra high power radio station, the station now known as the Lafayette Radio Station, at Croix d’Hins, Gironde, France, was undertaken by the French Government.

That, as the towers and apparatus for this station could be manufactured most expeditiously in the United States, arrangements were made for obtaining the necessary material and the labor for its installation from the United States, delivery being assured by the United States Navy.

That, these arrangements were entered into at a time when the contemplated completion of such station would have rendered distinct military assistance during hostilities, thereby enabling the United States Government to more effectually aid and succour the French Government, and the whole project was, therefore, considered purely as a co-operative war measure.

That measures were to be taken, upon the cessation of hostilities, for the eventual purchase, if desired by the French Government, of all material furnished from the United States for the construction of the said station; and it was agreed that the United States Government would be reimbursed, for the costs incurred.

And now whereas: The signing of an armistice by the United States of America, the Allies and the Central European Powers has brought about the cessation of hostilities; thus rendering the military necessity of the Lafayette Radio Station inoperative, and eliminating the original motive for the co-operation of the United States Government in the construction of said station; it is apparent and must be admitted that a complete change of status has unavoidably been effected, and that new arrangements must be made in view of this complete change.

Since both parties have fulfilled in good faith, in so far as was practicable, each its part of the obligations originally assumed, it is now further agreed:

1. That, the French Government desires to continue, as an after the war project, the erection of the radio station at the aforementioned place; and the United States Government recognizes, even though the cessation of hostilities has brought to the fore its other projects for which the material in question is needed and desired, the equity of such a desire. The United States therefore sells to the French Government at cost price all the material and equipment actually delivered in France or to be delivered in France by it for the construction of the Lafayette Radio Station.

2. That, the United States Government will execute, until completion, its work at said station according to the old specifications and according to such new plans as it decides are necessary; all matters concerning the erection of the towers and the installation of arc apparatus to be managed by the United States Government and also those matters incident to such work. As requested by the French Government, the Government of the United States will use for carrying on the work, as much French labor as it judges to be possible, it being understood nevertheless that, it shall be at complete liberty to employ such contractors as it may desire, under the rules usually in force for its own service.

3. That all material and equipment delivered now and in future, and all construction that has been and will be undertaken and executed by the United States Government, is and will be accepted by the French Government and reimbursement therefore will be made to the United States Government, in Paris every three months, beginning on the 1st of April, 1919.

Payments shall be made as follows:

April 1, 1919	(a) 50 per cent of approximate cost of material delivered by United States up to that date. (b) Total cost of labor and other expenditures up to that date.
July 1, 1919	(a) 50 per cent of balance due for materials delivered by United States. (b) Total cost of labor and other expenditures between April 1 and July 1.
October 1, and each three months thereafter.	(b)1 Total cost of labor and other expenditures for the preceding period of three months.
Final payment one month after completion of work undertaken by United States.	(a) Balance due on material delivered by United States. (b) Balance due for labor and other expenditures.

4. That the Government of the United States reserves unto itself the right to such material as it may desire when this material is unessential to the construction.

5. That, satisfactory completion shall be considered as effected when eight (8) towers shall have been erected and the antenna installed thereon, and when the Federal arc apparatus to be installed is ready to deliver five hundred (500) antenna amperes, it being understood that in the meantime the French Government shall have carried on as formerly laid out its work on buildings, foundations and appurtenances thereto, in such manner as not to have delayed the work of the United States Government, and also that the French Government’s station layout and location meets if necessary, the fundamental requirements of an antenna capacity of .05 microfarads and ground resistance such as will allow a total oscillating circuit resistance not to exceed 1.g [1.5?] ohms at a wave length of three times the natural period of the antenna.

6. That, the United States Government guarantees the material and the workmanship entering into all material hereby sold to be of standard quality, provided the French Government guarantees all permanent buildings and tower foundations to be safe and adequate for the installation therein and thereon of the material furnished by the United States Government. The French Government having selected with a knowledge of its limitations and advantages, the location of the station and dictated the size and type of the antenna to be installed and the power and type of apparatus to be used, it is understood that the United States Government shall not be held responsible for any shortcomings in these details.

7. That, the United States Government guarantees the French Government against all eventual claims of possessors of the patents known as the Federal Telegraph Company’s patents, which might arise at the Lafayette Radio Station, due to the operation by France of the arcs, and in general all the material installed by the United States. In the event of any owners of the patents known as the Fuller developments, successfully maintaining a claim against the French Government for the use of such patents in the Lafayette Radio Station, in connection with material supplied by the United States, the French Government reserves to itself the right to return to the United States all or parts of the arc material at the price originally charged, and the United States will receive same without prejudice.

8. That, the French Government binds itself to forward the work of the United States Government in all ways which may be desired by the United States Government and the United States Government binds itself to proceed as expeditiously as is in keeping with good economic, engineering practice, this always excepting unavoidable delays brought about by acts of Providence.

Paris, February 11, 1919.

G. C. Sweet

Lieutenant Commander, U. S. N. (Ret.)

Le Colonel du Génie Ferrié

Directeur technique de la Radiotélégraphie Militaire

1. “(b)” on copy in files.