The story of the Congo Free State : $b Social, political, and economic aspects of the Belgian system of government in Central AfricaWack, Henry Wellington
History
The story of the Congo Free State : $b Social, political, and economic aspects of the Belgian system of government in Central Africa
Wack, Henry Wellington
Belgium -- Colonies -- Africa -- Administration; Congo (Democratic Republic) -- History -- To 1908
This was the course adopted by the Free State in relation to the
Congo Railway in its initial estimates. It also reserved the right
of repurchase. This latter reservation, however, it abandoned
for a time by Act dated November 12, 1901, which also stipulated
in what manner its optional power of reducing rates was to be
exercised. That power it exercised by imposing a comprehensive
system of reduction, and without at the time committing itself to
any declaration as to the specific classes of goods on which the
rates were to be reduced. It does not concern strangers whether it
be exercised in one act or in two, and whether the concessionaire
acts by special agreement with the State or under general powers.
The main consideration is whether the procedure followed for the
attainment of the reductions aimed at is in accordance with the
Berlin Act. In the present case, the procedure certainly was in
accordance with that Act.
From a legal point of view, nothing can be said against the State’s
reducing railway rates, inasmuch as it was invested with the right
of primarily drawing up those rates.
By the same Act of November 12, 1901, the State enjoys certain
special conditions of transport for carrying out works of public
utility. That right is quite legitimate for the Government, and
does not entitle private citizens to demand its application for
their own purposes. The State could have enjoyed these advantages
if it had itself built and worked the line. The mere fact of a
concession by no means robs the State of all its rights in this
respect. These advantages are justified, for the State has made
real sacrifices in ceding a part of its territory and in abandoning
the repurchase clauses. The advantages accruing to the State do
not in any way interfere with the equal treatment of individuals
stipulated for in Article 16, which says: “As regards the rate of
these tolls, foreigners and subjects of the respective territories
shall be treated on a footing of perfect equality.”
No distinction is made on account of nationalities; the only
difference made rests on a service of public utility, regardless
of nationality. Neither subjects nor foreigners can say that their
civil or commercial liberties are endangered.
There are certain authoritative interpretations of the Berlin Act
which confirm our view of this question. The German Government, for
example, considers no breach of equality the exemption of all dues
granted to a German railway concessionaire. Below are two clauses
of the Imperial German decree, dated December 1, 1891, and relating
to the railway in German East Africa (Usambara line).
Public-domain text, read in full here on John Shaqi.
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