Executive Order 118

by President of the United States

In the matter of the application of the Deutsch-Atlantische Telegraphen Gesellschaft, of Germany, for permission to land on the shores of the United States a submarine telegraph cable, to be laid between Germany and the United States.

The President, having duly considered said application, hereby consents that said company may lay, construct, land, maintain, and operate telegraphic lines or cables on the Atlantic coast of the United States, to connect Borkum-Emden, in the Empire of Germany, and the city of New York, touching at the Azores.

It is a condition to the granting of said consent that said company first file with its said application, in the Department of State, its written acceptance of the terms and conditions on which said consent is given, to wit:

1. That neither the said company, its successors or assigns, nor any cable with which it connects, shall receive from any foreign Government exclusive privileges which would prevent the establishment and operation of a cable of an American company in the jurisdiction of such foreign Government.
2. That the company has received no exclusive concession from any Government which would exclude any other company or association which may be formed in the United States of America from obtaining a like privilege for landing its cable or cables on the shores of Germany and connecting such cable or cables with the inland telegraphic systems of said country.
3. That the said company shall not consolidate or amalgamate with any other line or combine therewith for the purpose of regulating rates.
4. That the company will, in the transmission of official messages, give precedence to messages from and to the Government of the United States of America and of other Governments.
5. That the rates charged to the Government of the United States shall not be greater than those to any other Government, and the said rates and those charged to the general public shall never exceed the present telegraphic rate between said countries, and shall be reasonable.
6. That the Government of the United States shall be entitled to the same or similar privileges as may by law, regulation, or agreement, be granted by said company, or its successors or assigns, to any other Government.
7. That the citizens of the United States shall stand on an equal footing as regards the transmission of messages over said company's lines with citizens or subjects of Germany or any other country with which said cable may connect.
8. That messages shall have precedence in the following order: (a) Government messages and official messages to the Government; (b) service messages; and (c) general telegraphic messages.
9. The said line shall be kept open for daily business, and all messages, in the order above, be transmitted according to the time of receipt.
10. That no liability shall be assumed by the Government of the United States by virtue of any censorship which it may exercise over said line in the event of war or civil disturbance.
11. That the patent hereby granted shall be subject to any future action by the Congress or by the President, affirming, revoking, or modifying, wholly or in part, the rules, conditions, and terms on which said permission is given.

William McKinley.

By the President:

John Hay,

Secretary of State.

Washington, May 27, 1899.