The times., 1899-03-26
such applications, except in case of abso.

such applications, except in case of abso-
lutte necessity.
"In an opinion rendered to you on jan
uary 10. 1899, relative to the claim OF
Michael ]. Dady & Co., as to certain con-
tractual relations between them and the
city of Havana, relative to sewering and
paving the said city, said:
1.-The Importance of the matter in
yolved and the difficulty OF understanding
the rights and interests of the people of
Havana with reference thereto, are sufi
cient and conclusive reasons for such a
course. The administration of the United
States in Cuba is of military nature, and
merely temporary. No action binding the
Island or any of its municipalities to large
expenditures and continuing debt ought
to be made except upon grounds of imme-
diate necessity, which in this case do not
appear to be present.
Whether the claims of Dady & Co. are
well founded, whether they are sufficiently
complete to constitute a contractual rela-
ton, and whether the authorities of Ha-
vana ought ultimately to recognize and
confirm them, are questions which ought
to be left to the decision of the authorities
of Hayana-not while that city is in the
disturbed and partially disorganiZed con-
dition consequent upon recent war and
a change of national sovereignty, but when
1t shall hereafter have resumed its normal
functions under such conditions of order
and tranquility as will permit its authori-
: ties to deal intelligently and justly with
the subject"
by executive order promulgated by the
General Commanding the United Sta,es
forces in Cuba, all grants and concessions
of franchises and similar rights have been
forbidden to be made by any authority in
| the island. except upon the approval of the
| Secretary OF War.
This cautious and conservative policy is
sustained by considerations OF prudence
and by proper regard for the reversion-
airy rights of the future government of the
Island of Cuba. In affirmation of the Exec
! utive policy so declared and followed, Con-
gress, by act approved March 8. 1899, di-
rected that no property, franchises, or COZ
cessions of any kind whatever shall be
granted by the United States, or uy any
military or other authority whatever. in
| the Island of Cuba during the occupation
| thereof by the United States. See act max
| ing appropriation for support of the regu-
lar and volunteer army for the fiscal year
ending June 80, 1900. section 2.
| while not meaning to concede that Con-
| gress. by legislative act, has power to re-
strain or control the proper exercise of the
! powers of the Commander-in-Chef of the
| Army and Navy OF the United States, oc-
cupying under the law of belligerent right
| foreign territory--a question that may well
| be open to doubt-yet the expressed will
and desire OF the Congress, conforming as
| 1t does to the previously established policy
and practice of the executive departments,
is entitled to the respect of the executive
| departments, and ought to be followed un-
less some high necessity requires other
| wise.
| "You are therefore advised that 1t would
! be inexpedient, under all the circumstances
| to grant permission to the applicant in this
| case to land its cable upon the soil OF
| Cuba.
| "Inasmuch as the permission to land Its
| cable upon the soil OF Porto Rico seems to
| depend upon the grant of a similar right
as to the Island Of Cuba, the same order
| should be made with reference to that part
of the application, although the circum-
| stances under which the United States re-
tains control and government of the two
| islands are materially different.
| ''The conclusion which l have arrived
at renders it unnecessary for me TO discuss
| or decide the objections raised on behalf
OF the Western Union Telegraph Company
lessee Of the International Cable Company
of New York, which companies claim an
exclusive grant under concession from
Spain made in 1867, which exclusive grant,
it is claimed, has not yet expi=s5."
4