Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-01-14
DISPUTES THE AWARD.
Colombia Had No Representative on
the DOnrd Of Arbitration.

the hoard of Arbitration.
The Republic of Colombia. through its
solicitors here, Mr.. Calderon Carlisle and
Mr.. I'm. G. johnson, has secured the issu-
ance of a temporary injunction against the
Cauca Company and the Colombian Con-
struction and Improvement Company re-
straining these until the final determine
ton of the suit from asserting the validity
of an arbitration award against the gov
eminent of Colombia of S452 .04S. 1t is
rather unusual for sovereign government
to appear in the courts of another country
rs civil htigant, as occurs in this case.
The bill of complaint on which the injunc
ton was based is signed by the Republic
of Colombia, by it's diplomatic representa-
tive here. Gen. Julio Rengifo In expiana-
ton of this course the bill states that
copies of the award have been filed with
the Secretary of State of the United States.
and with Colombias representative, thus
enabling the defendants to annoy the re-
public and bring ii into apparent discredit.
IL adds: And this complainant not deSir
ing to avail itself of its sovereign authority
to repudiate said award, nor to subject the
same to the analysis and adjudication of
Its own courts. but, on the contrary, desir-
ing, in the same spirit of fairness in which
1t established the said arbitration, to
tend to the defendant fair and impartial
tribunal for the ascertainment and dcclara-
ton of its rights has authorized these pro-
ceedings in the judicial tribunals of tn.
United States Of America of which the
de fendantS are citizens
The case grows out of an extensive rail-
road concession granted by Colombia in
$3.50 to James l.. Cherry. an American citi-
ZeE, and by him assigned TO the Cauca
Company and the Colombian Improvement
Company, two companies Incorporated in
West virginia. According to the bill of
complaint the grant covered the building
Of about 300 miles of road. which was to
be completed within four years 1t is
claimed that only a few miles were COM
pleted, and that the Colombian government
thereupon forfeited the grant. In defer
enCe, however. to the friendly intervention
of the United States minister at Bogota
out without negotiations with this govern
ment, the companies surrendered the road
and in return arbitrators were agreed on
to assess the cost of work and labor on tho
part already completed. Colombia named
one arbitrator, the Cauca Company an
other, and the Secretary of State of the
United States named the third, the latter
being Prof. Lewis NJ. Haupt. a civil engi-
neer of Philadelphia. The Colombian ar
bitrator was Senior Pena, and that for the
company Christian Schramme. The board
met in New York and held thirty-iive SEES
SiOnS, whereupon Senior Pena resigned ana
LETT the board. The bill states that this
was the Independent act OF Pena without
the order or knowledge of the Colombian
government. The remaining arbtrators
continued the work. and in October last
awarded a balance of Si52 ,OIS against the
government of Colombia.
The bill sets up that after the withdra wal
OF the Colombian arbitrator. no effort was
made to have his successor chosen, and that
the remaining arbitrators did various acts
which are specified, to the prejudice of Co
lombia. 1t asks, therefore, that the award
may be decreed utterly null and void and
that the department be perpetualiy enjoined
from asserting the validity of the alleged
award or from endeavoring to harass an
noy or discredit the government of Colom-
hia by the assertion of any right whatso-
ever founded upon the alleged award.
Pending the issuance of a perpetual in
junction, a temporary writ is asked, which
Judge Golf granted yesterday, with the
Usual leave to the departments to move to
made.