Page 68 - Records of Bahrain (3) (i)_Neat

58 Records of Bahrain

that occasion (as evidenced by tho correspondence and tho account of
the matter given to me by Mr. Dixon) was as to whether the former
should pay tho arbitrary and heavy duty which the latter sought to
oxact, tho goods owners saying that they ought to pay nothing because
tho goods were merely in transit, tho Customs authorities saying that
full duty ought to bo paid becauso tho goods were in fact lauded in
Persian territory, aud were, as they suggested, not going to Muscat at
: nil. Tho incident has, in my view, little or nothing to do with the caso
now before me, and I only refer to it because it was relied upon by tho
Defendants at the hearing as supporting their contention that tho
prohibition was effective and notorious. That there was in fact a
qualified prohibition against tho importation of arms and ammunition
is clear, but I think it is necessary to inquire whether it was really
operative. Now, the Plaintiffs toll me (and l am satisfied that they arc
telling mo the truth) that for many years past, indeed, since 188d», they
have been regularly engaged in the importation of arms into Buskiro.
They at first imported tho goods in execution of the orders of buyers in
Persia, but later on thoy imported tho goods for sale on their own
account. Tho trade was conducted during all these years quito openly.
Tho goods were described in tho bills of lading and ship’s manifests as
arms, and thoy were so ontored at the Customs, botli in England aud in
Persia. After importation they were placed in the Plaintiffs’ go-
down in Bushire and there publicly sold. Other firms at Bushiro
carried on similar trade in the same way. I think it probable that tho
Plaintiffs know that thoro was something in the nature of a prohibition
against tho trade, but I am quito satisfied that they believed it to be a
dead letter, aud that they had novel* heard of any attempt to cnforco it,
or of any complaint by the Persian Government that it was being
disregarded. If the so-called prohibition was effective for any purposo
at all, it was merely for the purpose of ouabling tho representative of
tho Shah at Bushire, who apparently farms his offico from tho Govern­
ment, to levy heavy and arbitrary duties on the goods imported. This
representative is an official who has tho very largest powors ; ho is no
doubt frequently changed, but while koldiug his offico ho can do
practically what ho pleasos.
The Plaintiffs told me that tho duties were fixed and levied by these
officials, who wore well awaro of the nature of tho trade aud who, so
far from objecting to it, complained that thoro was not enough of it.
All this is borno out by Major Meade, our Political Resident in tho
Persian Gulf. In his trade report addressed to tho Government of
India for tho year 1890-97, at p. 5, he says:—“Aiims anu
“ Ammunition.—This trade was found to be so flourishing last year,
“ and tho sums obtained by the local authorities for conniving at it
“ were so considerable, that the central Government considered that
“ there was room for another partner in it, and a special official was
i
I “ appointed from Teheran nominally to onforeo the prohibition against
“ the import of arms; but as the official in question paid for bis post
*• in the usual fashion it is certain that neither he nor tho Government
“ had any intention of really carrying out tho orders. In spito of this
I “ new tap on the profits tho trade shows an income of tcu lakhs, aud, I
“ believe, forward shippings are satisfactory for all those who share in
“ this nominally illicit trado.” This, in ray opinion, is a frank, honest,
and accurate account of the position. Thero was no real prohibition
.
at all j nor did any one engaged in tho trade imagiuo, certainly tho
Plaintiffs did not, that there was tho least danger of interference so
long as the duties were forthcoming in answer to- the demands of tho
Government officials. If further cvidcnco on this point were wanted it
is found in tho report of our Consul-General, Mr. Ered A. Wilson* foi
the year 1895 on trado at Bushiro. Speaking of tho importation or
arms and ammunition he says“ Theoretically this trado is prohibited
“ by tho Persian Government, but, like all similar prohibitions m