Evening star., 1923-04-12
u. S. to Stand Squarely Behind
americans IN Turkish Project
Secretary Hughes, With Advice and Ap.
prouaI of President, Continues Per-
sistent Policy to Aid COncessiOnaires.

under the advice Of legal authority,
a new company was formed, in 1912.
and incorporated under the laws of
Delaware. to hold the American rights
under the contract. until war should
cease. This organization. under the
title Of the ottoman American Elk
ploration Company" has, at consider
able expense, fulfilled all legal re-
puirements. as far as the company
was concerned, to maintain Its rights.
under the delayed contract. in Turkey.
Its claim is based upon the principle
OF international law, laid down py
is only suspended during the war
View Held by Lawyers.
This is the view held by the most
distinguished international lawyers
Of this country. if not OF the Worid.
Brown Scott, solicitor OF the State
Department. when Secretary Root in
augurated the enterprise, and WHO
after going carefully over All the
records of the affair pronounced 1t
good claim, and volunteered 70 SO
state when called upon to do so.
Another great International lawyer
when asked for precedents covering
the case mentioned the following: -,
An American concern sold its oil
rights in Colombia to a subsidized
! British company i'll the early part oi
July. 1914. 1t became necessary u
send the contract to the London office
for ratiiic& ton before it was falt ac-
compli. In the latter part of July
word was received at headquarters Of
the concern in the United States that
4 messenger had been sent TO COLON
bia TO procure a certificate OF ute 10
the property concerned, upon recelN-
ing which the contract would be
signed and money paid over to the
American agent. But scarcely had
war been declared between Great
Britain and Germany, on August q,
1914, before the crown issued mora
torium proclamation, announcing that
legal title to delay in making due
payments" on pending cohtracts te-
tween British nationals and alien con-
Germs was in operation. The Amerl-
can claimants had to wait for the re-
turn o. peace to Il distracted world
for their money.
Illegal i'm COncOctfOn.
This principle laid down by Vettel
applies reverSely in the case of the
Turkish Petroleum Company. OH which
Great Britain bases it's claim to the
Mosul oil region, for as one of his
commentaries says regarding sim
liar claim: "It cannot be enforced by
the latter after peace has been re-
stored because it is illegal in it's con-
coctfon." This view of the case is also
supported by the American govern
ment Itself, for the note Of the Secre-
tary of State to the British minister
Of foreign affairs, dated November ),
1920, reads:
This government has noted in this
connection a public statement Of his
majesty's minister in charge OF pc
troleum affairs TO the effect that the
San Reno agreement was based on
the principle that the concessions by
the former Turkish government must
be honored. In this connection
might observe that Such information
as this government has received in
dicates that prior to the war the
Turkish Petroleum Company. to make
specific reference, possessed in Meso-
putarnia no rights to petroleum con-
cessions or in the exploitation of Oil"
1t was not the pre-war character
Of the concession to which objection
was made. but the fact that the COM
pany possessed no rights to petro-
leum concessions or 10 the eXploita-
tion Of oil'' In Mesopotamia before the
war. In other words, IT was lille gal
in it's concoction," as au abundance OF
/ proof In the hands Of the State De-
partment shows.
This statement Is borne out by the
fact that Secretary Colby, with whom
two days before the letter in question
was published, informed the admire |
on February 8, 1921, in the presence
of the chief of the near eastern d.
vision, that tho government had fully
examined the claim OF the Ottoman
American Exploration Company for
the construction OF railroads and
mineral rights in Turkey and that the
government of the United States
would support those rights in every
possible way.