835.73/107
Report of the Consul General at Buenos Aires
(Robertson)
Buenos
Aires, August 30,
1919.
[Received October
24.]
Referring to reports of this office of November 13, and November 18, 1919
[1918],3 upon the subject of Concession for Cable from Buenos
Aires to Montevideo, which was granted in 1918 to the Central and South
American Telegraph Company by the Argentine Government, there is now
transmitted herein, in quadruplicate, the translation of an Executive
Decree of July 21, 1919, appearing in the Boletin
Oficial of July 24, 1919, on page 455, containing the bases
upon which the concession in question for extending one or more cables
to Montevideo should be adjusted.
There is also transmitted herein, in quadruplicate, a translation taken
partially from the Review of the River Plate, of
August 29, 1919, of an article appearing in La
Nacion of August 23, 1919,3 on the part of the Western Telegraph Company, a
British owned concern here, asking Congress for the annullment of the
Executive Decree of July 21, 1919.
In other words, those British competitors of the Central and South
American Telegraph Company have used, and are still using, every
possible means to overthrow the concession granted to the Central and
South American Telegraph Company for a new cable to Monte-video.
[Enclosure—Translation]
Executive Decree of July 21, 1919, regarding
Concession for Cable from Buenos Aires to Montevideo
Buenos Aires, July 21, 1919.
In view of the papers in this case, and
Considering:
That, by a Decree of August 1, 1918, the Central and South [American]
Telegraph Company was authorized to extend one or more
[Page 176]
cables between Buenos
Aires and Montevideo, the Department of Posts and Telegraphs being
charged with formulating corresponding conditions, and that, after
these had been formulated, the Company in its turn observed some of
them, causing the intervention of the Attorney General of the
Treasury, who pointed out in his decision the impropriety of some of
the clauses on legal grounds, rendering their modification
necessary, therefore,
The Executive Power of the Nation
Decrees:
- Article 1. The authorization
conferred on the Central and South American Telegraph
Company for extending one or more cables between Buenos
Aires and Montevideo, granted by Decree of August 1, 1918,
shall be subjected to the following conditions:
- 1a.
- The construction and use of this line will be
subject to the provisions of the National Telegraph
Law of 1875, the concessionaire being also obliged
to comply with the laws and regulations previously
dictated.
- 2a.
- The sub-fluvial line will consist of one or more
cables, their point of grounding being fixed on the
Argentine shore of the Rio de La Plata, in the spot
called Atalaya.
- The line of communication between the office of
the Central and South American Telegraph Company in
Buenos Aires and the place of grounding can be
aerial or subterranean, the Company being allowed
for this purpose, after agreement with the
respective municipalities, to utilize the public
high-ways and streets necessary for the placing of
the conductors uniting the offices in Buenos Aires
with the sub-fluvial cables.
- 3a.
- In case the line of communication up to the point
of grounding of the cable should be aerial and its
conductors have to cross those of the National
Telegraph, these latter will be raised so as to be
at a height of not less than two metres above the
former, the concessionaire paying the expenses
caused for this purpose.
- 4a.
- The work will be supervised by technical employees
of the Department of Posts and Telegraphs, and the
maintenance and transportation expenses of the same
shall be for account of the Company, for which
purpose they shall pay in monthly to the Treasury of
the Administration the sums that may be necessary
for it.
- 5a.
- The Company shall be allowed to place with the
previous authorization of the Executive Power the
buoys and signals necessary for the protection of
the cable to be constructed.
- 6a.
- In case of domestic or foreign war, or of the
prospects of any danger to the peace or public
order, the Executive Power shall be allowed to
suspend the service of the new line and to utilize
its
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conductors for communications that may be necessary,
without any indemnification.
- 7a.
- In case of interruption of the communications with
Brazil or the Republic of Uruguay in the lines of
the National Telegraph, this latter shall have the
right to utilize the new line of the Company, which
will perform the service for a pro-rata amount of
the Argentine tax stipulated in the special
agreement entered into with said countries and that
are now in force.
- 8a.
- This concession can not be transferred, nor can
the concessionaire enter into any kind of
arrangements with private or other telegraph or
telephone companies, without the express
authorization of the Executive Power.
- 9a.
- If the Executive Power for reasons of public
utility should decide upon the expropriation of the
new line of the Central and South American Telegraph
Company, it can effect this by paying a just value
at the time of expropriation, in addition to 15%,
which is to be considered as the only
indemnification and profit for the
concessionaire.
- The appraisal shall be made at the time that the
Executive Power decides to take charge of the
installations, lines, and cables by experts
nominated, one by each party, and the third in case
of disagreement, by the President of the National
Supreme Court.
- 10a.
- The concessionaire can not devote to the public
service the new line authorized without previously
presenting for the approval of the Executive Power
complete plans of its installations and the
corresponding descriptive report.
- 11a.
- The service for which this new line is intended is
purely and exclusively international traffic and for
the transmission of telegraphic characters, and in
no case will telephonic communication of public
service be permitted.
- 12a.
- The tariffs for telegrams sent by this new line
shall be established always by agreement with the
Executive Power, and in no case shall they be lower
than those fixed by the National Government for its
lines.
- 13a.
- State telegrams and official telegrams of
authorized National Bureaus, which may be sent over
this new line, shall enjoy a rebate of 50% under the
tariffs for the public service. This rebate of 50%
shall be applied solely to the trajectories of the
line or lines belonging to the Company. By state
telegrams are considered those that are thus
classified by the international regulations.
- 14a.
- Of the employees in the service of the Company, at
least 50% must be Argentines.
- 15a.
- This concession must be considered as of a
conditional character so far that it can be anulled
by the Executive Power when public interests advise
this.
- 16a.
- The concession with its supplementary conditions
shall be reduced to public writing within 90 days
following the date of this Decree.
- 17a.
- The work of constructing this new line shall be
terminated within the space of two years from the
date of the approval of the present Decree.
- 18a.
- The concession granted shall expire of itself, if
the concessionaire does not comply strictly with the
provisions of the conditions of 16a and 17a
proceeding.
- Article 2. Let it be
communicated, published, given to the National Registry, and
passed to the General Government Subscription Office to be
properly inscribed.
