New-York tribune., 1900-03-31
AWARD sURPRISINGLYLOW
-,r- DFLAGOA BAY DECISION AS
VIEWED BY DIPLOMATS IN
WASHINGTON,
ms TELEGRAPH To THE TRIBUNE

.,-..,,e+on. March 3o-The award of the
- arhitral tribunal in the matter OF the
-, n the Delagos Bay Railway Company.
.,orneed at Berne yesterday. was the chief
- q conversation in diplomatic circles
80 The small amount awarded is surpris-
a. 70 those familiar with the case.
The total amount OF the award including in
-. * about 81 2JOoo0 The amount claimed
=. the widow Of Colonel McMurdo. the Ameri-
~an claimant alone. was t46ovo with interest
- the date OF the seizure OF the road. The
anount OF the DIi0sn o"''" was @oou'
100000
ORIGIN OF THE CLAIM
The claim had its origin in the following state
n facts;
grated state obtained from the Portuguese
.rovernuent AL exclusive concession 10 construct
.r5 operate for a term Of ninety-nine years a
-o,uav from Lourenco Marques TO the frontier
ss-vveen the territory Of Portugal and the Trans
..sl The line 70 he followed by the road and
a. extent were defined by plans approved by
So Government. AIcMurdo proceeded 10 form
,,unany - construct the railway. The COM
.snv was organ tied IN Portugal. and was called
.ba Iourenco Marques and Transvaal Railway
k,onpany This company. however. being un-
sh,a uotvft thstaudIng several extensions OF time
s. n-ocure funds with which TO construct the
.srvar Colonel McMurdo sought to obtain the
secesgary capital in London. His efforts re-
r,,lted in the formation Of the Delagoa Bay and
East Africa Railway Company and the securing
~ he funds required fer the completion OF the
undertaking.
The construction Of the road proceeded in ac-
rordance with the plans which had been ap-
-roved By the Portuguese Government in 1884
IN Juiv 1857 the Government informed the
r,rsnanv that Il required the extension OF the
railway 70 a point some nine kilometres beyond
vba limit fixed in the original and approved
tlsns The company protested, and an extension
ri tine for an examination OF the subject was
.r-sn;ed until January. 1888. In the mean time
ne railway was completed IN accordance with
.be original plans and accepted by the Govern
sneut with q reservation OF the question OF the
hx5ension Of the line.
In October 1883, the Portuguese Government
tssued a decree fixing the terminal point Of the
railroad eight kiIOmeters beyond the terminus
ser n the original plans. and fixing period of
eight months for the completion OF the exten-
sion. The company protested against this de-
gree on the ground that It physically i'm
POSSIBLE TO complete the extension within the
tiue prescribed
THE UNITED STATES TAKES A HAND.
When the period fixed for the completion of
the extension drew near the United States Gov
krnment having been informed OF the intention
Of the Portuguese Government 70 seize the road
gent a cable dispatch 10 its diplomatic repre-
sentative ar Lisbon. on June 49, 1889 directing
him to state te the Portuguese Government that
h was earnestly hoped no decisive action would
se taken until this Government had investigated
she case and stated its objection. This was
communicated 10 the Portuguese Government
on the 18th. On the 22d the Portuguese Minis
Ter Of Foreign Affairs replied, expressing regret
flat the decree Of seizure must be carried into
effect. On June II the Portuguese Government
snnulled the concession and seized the road and
.s appurrenauces
Secretary Blaine instructed the United States
Minister a. Lisbon 70 enter a formal protest
against the seizure. reserving all rights which
Colonel AcMurdo's heirs Colonel McMurdo hav-
sng died in L0ndonl other American citizens
slight have IN the concession.
IN November, 1888, Mrs. McAfurdo having,
Through her counsel Colonel Robert g. Inger-
sol made formal claim against the Portu-
Euese Government Secretary Blaine transmitted
he same 70 Lisbon, with instructions to the
american Minister that this Government was
soTced 10 the conclusion that the violent seizure
q ne railway was an act OF conAscation which
rendered L the duty of the United States TO
Isk that compensation should be made to the
american citizens Interested.
THE ARBITRATION AGREEMENT
Diplomatic correspondence concerning the
matter continued in 1890 the British Govern
fneai, II behalf Of the British stockholders OF
iAe railway company. cooperating with the
blhlted States 70 bring about e satisfactory ad-
g-slhleIlL The Portuguese Government finally
49, 10 submit the claim TO arbitration and
e protocol was accordingly signed by the repre-
e1lIaAles of the three Governments at Berne
sH'LeF4anc, on June l3, 1891. This provided
=. ne submission 20 the decision OF three arbi-
1etuIs % be named by the Swiss Federal CouI-
- OF ne question Of the amount OF the com
1-.saNlol cue by the Portuguese Government
- L!e calmaTlts OF the other two countries in
4leilce or the rescissiOn Of the concession
sHe Loureneo Marques Railroad and the TAX
- POSSESSION OF that railroad by the Portu-
seese Government"
-Ae arbitratoTs Joseph BlaAsf Vice -Presi-
=. u ne SWISS Federal Court at Lausanne:
- f1elssler, professor OF law in the Uni
- sts OF basle, and Charles Soldan president
Souhcl- OF State OF the Canton OF Vaud
- aI'i1Tation has been pending for nearly
- sears- ano has attracted widespread atteu-
d. Nolone- Robert G. Ingerson represented
80 american claimant up TO the date OF his
60. Ilr vas succeeded by John Trehane an
Fhsrl,l"yer 1" yer who has represented the British
NJ IS.s s[,s before the tribunal at Berne
e-se = -n1--dGruo few years ago married Fred
a. -. - = relheid- late agent and Consul General
se1a l''T9 - states 10 Egypt, and a writer OF
e' Ihey live in New-York City
lHE CASE NAY NOT BE CLOSED
- DissA IISFACTION WITH THE, AWARD