New-York tribune., 1886-01-09
Einonrial.
= IN instituted by the Attorney General

TTsIM instituted by the Attorney-General
ss sgpgG"s re- si Ffs" iSs 1sn cSST, Attorney
esssrs Of q her ias rss,r aud hereby II due @ fora in
;Ss S1ST@ sH The Iy YORK United states
sor Violation Of contract ad deeare; @ IN, s, Of May 1867
.neas mat ne l5a Of April IS 90 81 9 70 os
Ss Of Panama sa9soGd net by ay 40 pi hS me ns1 IG
ASg@s' q aSma Ge Smo cSSSSeiod to the Company
saroa the and oT nlns, ne yes o, % me
ss Colon PANAMA tbs Naiien ressrvng to sct mo
t oy ersp Of the railroad that 49, the real properly ia
a. Win everything apperianirg 10 IT, aunesaon and aces
scres buildings wsIencuses 10 Ky @ sS IN eenc"g
w ieSs whatsoever movable or mnovahe whelher 'hT
setSr M thew applicable to some other purpose in oonee
'SS % S drS; ownership or the property which the Re
prlSc has in the Railroad Of Panama WIN "a az ~ i Xxx AZ
iOfls m he eSnirsct Of 1857 Are stipulated na
,na Goycaent should cOnce1e 10 the Company ha VS. INV
OF the railroad for ninety nine years al e S @ %
Which time according to Article 50 ssI t ,bS propeIiT
Arccs and 80 Of the contract declare as iSdoTs f
6Gga A5f deies 70 the Panama the se aud
Which present between the Ges lies
ofcolon n1 R ps9soa .o o whsSvSs
re,Gs telegraph between Colon and Panama oeonSs 10
II ne eoa s9a ~ T EGf tie use aa he
isc ~ hich said Company may be az present h possession
nd hosc which may establish IN fT'ei ior 'he Slhe P'
poe "a At the expiration Of the term of the privilege
and v lie sole of its expiration The Company SHAH ne re-
Raeg W W;ieh M vii enter Immediately the euoyment of sad
Of con'nurG2io az OF an ~ Tb empspy " sali he iner
obgoa deliver 70 The Government IN s0ot d T ,T
o"ureasurcs such whaives depOts for discaTse ci
ON e SSs' Sg mCTa a j Secr they S5 destined
for pnr Of Transportation OF nave spPNaon " S''
NE msirGct being created, The Company Of the Panama
aCt roo sSaSioa 50 deliver in hat siaie TO ts res!
owner in ether OF the cases IN %ie & iae o m asroneS
ofi6ei5idr IN usnfrct which arise ont Of the Ciaw gre
dued IN 20 % Title ST. aud A. Title "2 ra't 4'h
Nh W SS And We declare may have snch rights
In things rot belonging him. in three different Ways
rst Of which is when man grants TO sMTtnS eT S 1s
house his servants OF his cattle or OF any Oiei
R @ @ might sq RfSsqcS y re or M aR
the pcTon whom The power Of collecting The tIGis o any
in good faith first giving good security that the TINS WSn @
xsue jhongh his fault through The desire by which nc
% nay Ge s S the no Time sSs e uided in any way
t1r Which rent IT, then the thing sha pe resuTho
e T direct or 20 his heirs 81 al have deceased ana
We % ia' ai @ Sert a The e hing @ IN GOOD S good ae
man any hurt to it 10 lesson its value nor destroying
law ~ It Is thing decreed fit that any 10 whom
n sy e,e as he desires to have he profit Of It, shall he
a so far s s IN es are S Of to 1e s hd IA S S
hDe hons be shall keSb II ID ngaE ranS a % MA fault and
if be SHALL ealtiyats i vol aud adnns,er IL "a an y
any vines trees shoula dc he s pant UsenS shen m e Ee
& s & I nber & of thsr lreei ia ihcr stead for
fhS9 If tithes or any other tribute tax be impose
s r,Sn s9 s9e tng 4a @ In PaGh St- RG @i s s D
%ase % S"prty It i But who Las the O9y Of
sS s ts5 @ Pc nd a. S T az essFsH saT o me- 6 s sT 5hs IL
70 that which he holds in m qsis =! % y , IL CG M 20 @ s Of e s
tract it-eif; in which case he shall ee he'd 10 me
as as SsSIG4e,neitionea @T l e,i '"A'
Law person hold the usuiruct i; iled or
oer Than he It. should es@@gssi 0 s ay o SE 10 n
continued ihere The same may be done Dy ts pesSSn %
S % M NJ @ @ he cs demand Of lin that any loss sui
t IN s tufIet by reason oi the work which said lord
tie sol may have newly begun theo shall be made goo5 and
Article. SO and 81 Of tic ciy Code Of Union I'm
fceFg Ea@sd good ssid cG@Fs,y beng re.
soas but al also for The acts Of Others to which negligence
may have sjyenIse Tis % article sc s{cTIs a. not
Only Tor acts omissions but also for he acts OF
80 Tr g he i FsPehse for rights which
through aS tGGston; ~ ne sY afe ead oT the loss With
may followed % the through usurpalions cor
Iae the owner it being in his power to do
the COMPANY Of the Panama Ralroad has not fgalea a
Il has IseSise faiei 10 fad certain OF which it is
under according to the Civil Common law thTs giSns no
tes for The declaring extinct the Ishtl DO" h"s o oV'
AGfa fsaa % % Of 81 s '
on the other as owner in usuirneL
ATtis.e 3 THE Government of tho Republic engages
itself noi 10 construct or 10 any person or o0P.ns
ista@Gs q Panama during tune in which The exclusive
poiaSon Railroad shall remain IN force and u sPg &
es s9gs sSa @ wg Td e se no any cheT
person undertake without the agreement and consent OF
y sa Ssnny ans ns GTsG Ssoss the said IsihIs
5S tho Line Of Sapo Pae SaEca r S& '9S the Of
sh Con, edeG to the Company by does
extend 50 far as confer O the former the right TO oppose
SScei m be actual route Of railroad only
nsdn, hs s G e The HSy he Rsoid suffer
OF the existence OF The canal or through It's com
S1aetea by the GonPapy sSala l not t. see4 eqq
then sbabe agreed upon by arbiter in Nel ok or
tho Company ard these stea not be Of accord
Tire two an name third, whose decision shall be whout
before prOnoancng decision the aIseF' % win take into
may base their claim wei the report made by he GOV
eide without appeal shall appear to them Just and oqita
Sop Ss s & S 5oSs 10 % he &c COMPANY Of e
and one-half to the Government OF Colombia"
the q i6s RalToaa binds ssd to
ion dollars American gold bills Of exchange New
York payable in The same manner as the Government hsy
prova Of Congress and furthermore to from this t6e
rent Of two RSndle aud My isoassnd dollars n
sS eo Te S@Ss TO sne p Agent aqs m e s %
Doea slate. Of cSO9eia Gsy dssgnae Or If should suit
don or in Panama the Government previously giving the
thse monthly payments win when THIS contract
BY Article 2 the territory ihe East om Cape Tlburon
Che Atlantic Point Garaehine on the Pacific deaig
mated The territory embraced In the privilege given 10 o
Railroad Company and within this territory lies The route
railroad. the consent the
Company the permit undertake the
opening the tespoiacon) OF maritime
canal Isthus connecting the within the
Territory included in the priv ege granted to the Company
but ts does confer tie Company The 10 Or
pose the construction sf canal said lsnus, except
Nbe Ia The OF the Ial and this, demanding
equitable for IT'S consent.
From the literal OF the words Of this Article II fol
lows that belongs exclusively the right 10
permit the opening OF canal within the territory
Of the privilege tho agree neat csI OF the Company
being previously obtained 1hGs, Thea. the Company, To-
gefher consent, has given
t expressed open.ng csnal IL has violated
@ contract o; 1867 in approprang TO eot rights which
be,ong exclusively 10 the GOvefnmeDt
The right Of the Company 10 give s consent Is thus con
terted into obligation for IL cannot oppose tie cohsc
on OF canal the Isthmus Of Panama except In the
route OF the railroad itself.
For greater eleaess the difference the territory
% privilege and the route Of the railroad should be csia