835.73/146: Telegram
The Ambassador in Argentina (Riddle) to the Secretary of State
[Received 9:15 p.m.]
36. Department’s telegram 3, February 4, 7 p.m. Have just received from Argentine Foreign Office copy of decision of Minister of the Interior regarding waiver of privileges by Western Telegraph Company. Translation follows:
“In applying the laws to private individuals the Government renders decisions only with regard to the concrete cases which may be brought before it. In this case the Government, acting on a petition to lay a cable within jurisdictional waters for communication with the Republic of Uruguay, did not recognize the preference claimed by the applicant company. It is, therefore, impossible that in the only concrete case involving the two companies which has occurred up to the present, the Government should consent to admit the renunciation of a right which for it does not exist, as it has expressly recognized such to be the case. I believe, therefore, that the only action that should be taken in this matter is that the Directorate of Posts take note thereof and that no other action be taken. Buenos Aires, May 2, 1922. Signed Vicente F. Lopez.
Buenos Aires, May 4, 1922. Let the foregoing ruling of the Procurador del Tesoro be adopted as a decision and be placed in the archives after the necessary stamps have been attached thereto. Signed Beiró.”
This decision appears to have no bearing on articles 8 and 13 of Western Company’s 1909 concession and its bearing on article 17 is not clear as it is understood that permission to All America to [Page 530] lay cable to Uruguay was granted on the ground that cable was sub-fluvial and not submarine.55
Director General of Posts and Telegraphs has been out of the city for two weeks. As soon as he returns Embassy will endeavor to obtain his interpretation of the above.
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The following articles are from the copy of the concession transmitted to the Secretary of State by the President of the Central and South American Telegraph Co., June 30, 1913 (file no. 835.73/17):
- “Article 8. The enterprise will not enjoy guarantees, subvention or premium of any kind, but the National Government will not give any subvention or any other way benefit any other cable or telegraph enterprise, established or that may be established.
- “Article 13. The National Government is obliged to use the cable via Ascension for its official telegraphic communications with Europe, North America and Africa, and to transmit by the same cable every telegram that, with similar destination and origin from the exterior or from the interior, passes for the telegraph of the nation, without route expressly determined.
- “Article 17. If during the term of twenty-five years, counting from the signing of this contract, any enterprise should present to the National Government propositions that it deems advantageous for establishing a new submarine cable between the Argentine Republic and another country it will give preference if conditions are equal to the ‘Western Telegraph Company.’”