Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1900-04-06
DELAGOA BAY AWARD
DECISION OF THE SWISS COURT OF
ARBITRATION.
THE MMURDO CONCESSION.
r,,o portuoucse Government Condemned
to Pay Over Fifteen Million
With Five Per Cent. Interest Per Ahh""
Since 1889, to the United States an"
Great Britain,

Berne Switzerland, (By Cable. )-The
Swiss Court OF Arbitration announced us
decision In the Delagoa Bay case
Following is the text OF the decision, WHICH
Is in six clauses:
"First-Tbe Portuguese Government Us
the defending party, Is condemned to pay "
the Government of tho United States ana W
Great Britain, tho claimants altogether, III
addition to the s2s.o00 paid on account ID
1890. the sum Of 1874 900 francs In legai
Swiss money, with simple interest On .u.s
sum at the rate OF five per cent. per annu"
from June %, 1889, up to the da'e Oh pay
| ment OF said sum.
"Second-Tho sum, after deducting wna'
Is necessary to defray the cost OF arbltra'ioh
falling on the claimants and In addition 70
the balance OF f2S,OO paid on account IN
1890. shall be employed In the payment oi
bondholders and other creditors, II there Is
need. Of the Delagoa Bay Railway Company,
according to their standing. The claimants
will draw up scale of distribution for 'niS
purpose. The Portuguese Government VIII
have to pay into the hands OF the govern
ment of the United States tho sum WHICH,
according to said scale, shall accrue TO NC
Murdo. represented by said government ID
her quality Of bondholding creditor OF .he
first and second degree. 1t VIII pay 'ne
surplus to the Government OF Great BRITAIN
for the benefit OF all others having rights.
"Thrd-The delay OF six months liked ny
the last line OF clause ". OF the arbitratlon
compromise shall run from this day lortn.
"Fourth-The costs Of the arbitration, nc
cordlng to a scale to be drawn up In accord
ance with clause V. OF the arbitration COM
promise. will BIZ borne In equal parts oy tue
three parties to tho suit, that Is to say,
third part by zach OF them.
"Fiith-The conclusions OF tho parties III
solar as they differ from the above aware
are set aside:
"Sixth-An authentic copy OF the presen
award will bo delivered through the inter
mediary of the Swiss federal council to eaci
OF the three parties to the case.
The award Is unanimous
Lisbon. (By Cable. 1.-The Berne aware
has been published here. The preampl
!. says:
"Atter delberation, the court DEGREES
follows:
"First-The court rejects oil demands Il
favor OF q final inquiry. 1t declines also
separate the Judgment on the principal OF
!. iect of litigation from that dealing with ID
h Indemnity due for the territory in question
"second-On the other hand, the cou'
d decides to deliver forthwith its definite az
!, cree on the main question, and to commun
" cate to the parties an authentic copy Oh i
o essential points, the complete decree, wit
recital of the reasons, to follow after sho
+ period.
In 1860 the Portuguese government cor
: cluded a commercial treaty with the Soul
10 African republic. Great Britain claimedtf
bay under a concession which had been
+ taIned from native chief by British nav
q exploring expedition in 1922. Portugal r
Y, sisted the claim, and in 1875 it was referr'
to the arbitration of Marshal Mcmahon, thu
10 president OF the French republic. Thr
wears later he awarded the territory to POI
h. ugal. Since the award there have been II
Is auent rumors that Great Britain would
rs auire the territory, but the pride OF Port
In gal always prevented the sale.
In 1888 Colonel McMurdo, an Americ
In citizen, obtained from Portugal conc'
ts sion to construct o railway from Louren
as Marquee to Komatipoort on the Transva
border. He pushed the work. but died |
n, fore 1t was finished. Jhereupon the Por'
ed guese government. taking advantage OF
n technical breach of contract, because oil
on noncompletion of the line to Pretoria,
n originally agreed upon, cancelled the &C
~ cession and confiscated the railway. Il
y" was on June q, 1889. The sharehold'
protested. and after vigorous represent
u lions ON the part of the British and Unit
1.m States governments Portugal consents
~ -, after long delays, to refer the matter
W. arbitration. The Swiss court was appoint
'A for this purpose. The railroad was oper
In 1894