Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-07-08
Position of British Government in
Regard to Transvaal.
IMPORTANT PRINCIPLES LAID DOWN
Power. of the Annexing State 10
Refuse Recognition
NOT YET ACCE PIED

The position Of the British government
| relative 20 the various mining. railroad and
other concessions in the Transvaal is fully
disclosed in blue book covering this SUBJ
Ject which has just reached Washington.
The subject is OF the very first Importance
to the department of State and the War
Department, for the reason that some OF
the most troublesome and weighty prob
lens with which they are now confronted
arise from the claims OF various conces-
sionaries in the Philippines, in Porto Rico
and in Cuba. Claims Of vast amounts are
already on file in the State Department
and in the War Department based on tele-
graph and railroad franchises granted by
the Spanish government before the Span
ish-American war. II these may be legal
ly vacated the effect of such decision
would be far-reaching. and consequently
the action OF the British government is OF
grave importance far as 1t may estab-
l1sh precedent. 1t happens, curiously
enough that the most important Of the
concessions In our insular possessions and
In Cuba are claimed by English corpora
tions, VINO are consequently vitality inter-
ested In the decision Of their own govern
ment as to the South African concessions.
The Issue Made.
The issue was made last September when
missioner issued the celebrated order
80 of 1900," giving notice that the
British government reserves the right to
decline TO recognize or to modify any con-
cession made by the late South African
republic without proper legal authority
or contrary to law, or the conditions of
which have not been duly complied with,
or which appears to affect prejudicially the
interest Of the republic"
PrfncfpIes Laid Down.
This last clause was of the most sweep
ing character and the British government
appointed commission to pass upon the
whole subject. This commission has made
an exhaustive report, set out in the blue
book, laying down some important prin-
ciples One interesting statement In the
very beginning is this: "On the first of
September, 1900, her late majesty an
nexed the territories and obliterated the
sovereignty of the South African repub-
lie. 1t is clear that a state which
has annexed another is not legally bound
by any contracts made by the state which
has ceased to exist, and that no court OF
law has jurisdiction to enforce such con-
tracts T. the annexing state refuses to
recognize them. The commission also
serts the right to examine whether the
rights which it is asked. to recognize have
in fact been duly acquired a point Of in
terest in the Cuban cable controversy. 1t
accepts Sir Alfred Miners most important
suggestion In the declaration that the new
government is justified In canceling or mod
flying a concession when the maintenance
of the concession is injurious to the pub
lie interest"
Conclusions Not Yet Accepted.
1t should be noted that the conclusions OF
the commissioners while entitled to great
weight, have not yet been accepted and
enunciated by the British government it
self so far as the blue book shows, and the
correspondence is brought up to April 10
last.