The Providence news. (Providence [R.I.]) 1891-1906, 1900-03-30
PORTUGAL MuLCTEO ss.o62,Soo
This Sun Is 10 Carry Simple Interest From
June rs, 1889, all PM Cent.
CASE TEN YEARS BEFORE TRIBUNAL
Co. McMuts, an American Citizen. Built ihs
Railroad, Mhlch Was Seized 10 Juas. 1883,
t Tho Portuguese esIsmmsnL

Berne. Switzerland. March 30--Ac-
cording to the Delagoa Bay railroad
award, Portugal Is condemned to pay
f.l5.3l4.OO0.
The preamble Of the, Bsrne award
says:
After deliberafion the court DEGREES
as follows:
Il. The court rejects all demands in
favor Of a final inquiry. 1t declines also
TO separate the Judgment on the prin-
cipal object of litigation from that deal
ing with the indemnity due for the ter
ritory in question.
'2. On the other hand, the court de-
cides to deliver forthwith its definite
decree on the main question and TO
communicate to the parties an authen-
tic copy OF its essential points,t the COM
plete decree. with a recital OF the rea-
sons. TO follow after q short period.
/ "Hereupon the court, consisting OF
nhree members present. unanimously
has returned and filed Its decree in the
following terms"
TEXT OF THE DECREE.
The text follows:
the defending party, is condemned TO
pay to the government OF the United
States and to Great Britain, the claim
ants. altogether. in addf:un to the G2S,-
600 paid on account in 1890, the sum of
f.l5Sl4,O00. in legal Swiss money. with
simple interest on this sum at the rate
of per cent. per annum from June %,
1889. up to the date OF payment OF said
sum.
80. This sum, after the deducting of
what is necessary to defray the cost OF
arbitration falling on the claimants,
and in addition to the balance OF G2S.-
900 paid on account in 1890. shall be en-
ployed in the payment of bondholders
and other creditors. II there Is need, of
the Delagoa Bay Railroad Company,
according TO their standing. The claim
ants Will draw up scale OF distribu-
tion for this purpose. The Portuguese
government will have TO pay into the
hands Of the government OF the United
States the sum which, according to said
scale. shall accrue TO McMurdo, repre-
sented by said government in its quail
igy of bondholding creditor OF the first
and second degree. 1t will pay the sur
plus to the government OF Great Britain
for the benefit of all others having
rights.
20. The delay OF six months fixed by
the last line of clause of the arbitra-
ton compromise shall run from this
day forth.
-. The costs of the arbitration. ac-
cording to scale to be drawn up In
accordance with clause OF the arbi-
aratlon compromise, will be borne in
equal parts by the three parties to the
suit. that Is to say, third part by each
of them.
"5. The conclusions of the parties, in
so far as they differ from the above
award are set aside.
An ha nfi In ~ Ia
award will be delivered through the In
termediary Of the Swiss federal coun-
Gil TO each Of the three parties to the
case"
The award is unanimous
HISTORY OF THE CASE.
Washington, ID. c., March 30.-Mr.
HAY. secretary of state, received dis
patch yesterday afternoon from Berne.
Switzerland, announcing that the ar
bftration tribunal has rendered Its
award
NJ. Ignacia da Costa Duarte. the
Portuguese charge d'affaires here, is
confident there will be no delay on the
part OF his government settling the
award 1t has been for some time coll
lectins funds for the purpose. and he
Ia satisfied that Immediately after the
receipt cf the decision OF the arbitra-
tion triubnal his government viii
take measures to meet the Response
biltes
Mrs. Frederick c. Penheld. who was
formerly Mrs. Catherine McMurdo. rs
one OF the claimants chiefly interested
In the award. Col. Edward McMurdo,
her first husband. had q personal share
of $500 900 in the total claim which was
put in by the Delagoa Railway COM
pany against Portugal on account OF
the seizure of the lire in June. 1889.
AS the total amount OF the award is
only S3.O62, 500, 1t is hardly likely that
Mrs. Penfeld will receive more than
share of the McMurdo perscr3l claim
OF 81 100000 in proportion to the total
award. III this were a thirteenth, the
amount would be $235,60o.
McMURDo's ENTERPRISE.
Col. McMurdo. an American citizen.
In March. 1887. undertook the consCruc-
tlon OF the Delagoa Bay railway under
a concession he had obtained from the
Portuguese government In 1883. He
formed a company in London with a
capital Of S2,500000 and the railway
was formally opened in December. 1883.
The railway was 52 miles .ong from
Lorenzo Marques to Kemale Port, on
the frontier OF the Transvaal. where
il was TO join the Netherlands railway,
running to Pretoria.
Through jealous OF the English. the
Transvaal government sought TO wreck
the company. and on the pretext that
the railway had not been completed 10
the term nus mentioned In the conces-
sion, in tte time stated, Portugal, act
Ing in sympathy with the Transvaal
threatened TO confiscate thc road and
all the property OF the company. Col.
McMurdo died In London In MAY. 1889,
md in the confusion caused tx his
death the Portuguese government a
month afterward carried out Its threat
I'm an arbitrary manner. Thereupcn,
Mrs. Nc eMurdo appealed TO Mr.. Blaine.
then secretary of state and he in
formed Portugal that the United states
would not tolerate the cOnfscation. In
behalf OF the other stockholders OF the
company Lord Salisbury took the same
ground.
Portugal agreed to submit the case to
arbitration. and II was agreed that
three Swiss judges should settle the
amount OF the indemnity TO be paid II
lContinucd on page Fvur)