The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-26
First InteIIfgfbIe Statement of ths
Trouble Between the Asphalt
ConcessiOnaires.
WARNING TO AMERICANS
NOT To INVEST IN TITLES OF So
CALLED VENEZUELAN GRANTS.
How the New York and Berl..zdex
Company Was Robbed of Its
Valuable Property.
correspondence Of the Associated Press

Correspondence of the Associated Press.
CARACAS Venezuela, Jan. 25.-The
Venezuela Herald, of date, In a long arti-
Gle under the heading of Asphalt in Ven
ezuela," gives the Bermudez side of the
asphalt company's dispute. The Herald
says: "a resolution of the ministry, dated
Dec. 10 last. grants the title of an asphalt
mine called Venezuela and confirms that
of anotter called FeIcidad.' This action
of the government has called forth many
articles in the newspapers of Caracas, all
going to show that the resolution has no
legal basis and that said titles to the mines
in question are virtually null and cannot
subsist in any manner whatever. The nulli-
ty of the grants rests on the fact that they
affect property which there is overwhelm-
ing proof belongs to the New York and
Bermudez Company. which has owned since
1883 the lands and the asphalt lake where
La Felicidad' is situated and where 1t is
sought to prove where Venezuela lies"
The Herald reprints the text of the decree
of Dec. 10. which recites the protest of the
Bermudez company against the new conces-
sions. the protest alleging tnat both mines,
'Felicidad' and Venezuela are situated
within the limits of the mining concession
and the plot of lands of which it is the
owner, under titles granted the seventh
and the fourteenth of December, 1883, and
that the contract entered into by the ma
tional government on the 18th Of September,
1883. of which the company is cessionary
grants to it the exclusive right to exploit
the asphalt in the former state of Bermu-
dez." The decree further says that ito
clear up the matter, the supreme chief of
the republic, through this ministry, and by
resolution dated the 9th of September last
ordered commission, composed of three
engineers one named by the national gov
ernment one by the New York and Ber-
mudez Company and the other by the rep
resentative of the owners of the mine 'Fe-
licidad.' to go to the lands in dispute and
to make plans thereof"
In view of the report of this commission
the decree declares that the New York and
Bermudez Company has not the exclusive
right to exploit the asphalt existing in the
former State of Bermudez, since in the con-
tract of which this company is cessionary
the like monopoly is not stipulated and
cannot be presumed, but must be clearly
~
doubt all presumption must be in favor
of liberty; that the title deeds of the COM
pany contain no definitive boundaries: that
the commissions report shows the Felici-
dad and Venezuela are not included within
the mining concession of the Bermudez
Company according to the title deeds pro-
duced by the company; that monopoly of
the exploitation of asphalt could not be
comprehended in the Bermudez concession
because contrary to the law vesting the
exploitation of the mines in the federal
government" The decree concludes:
1.-The said petition of the New York and
Bermudez Company, dated the 18th of July
last past. praying that the definitive title
of the mine Felicidad be declared null and
opposing the grant of the definitive title of
the mine Venezuela to Messrs Figuera,
Apecchi and Santelli. who have obtained
the provisional title thereof subject to the
provisions of the law in that behalf, is
without standing.
''2 Messrs. C. M. Warner and p. r.
Quinlan remain entitled to the full en-
joyment of their rights as owners of the
mine 'Felicidad of which the defnitive
title was granted by the national execu-
tive on the 30th of November 1897
80. Let the title of the ownership be
granted TO Messrs. Julio Figuera, Eduardo
G. Apecchi and Antonio Vicentelli Santelli
for the mine called Venezuela situated in
the municipality OF Union In the district
of Benitez In the State OF Sucre"
The decree is signed by Ramon Ayaia
the present minister OF Fomenti. in behalf
OF the national executive. The Herald also
prints a certificate signed by the former
minister OF Fomenti and dated July 23 1900
saving that the New York and Bermudez
Company had fulfilled the conditions of
its contract. and that therefore, the con-.
tract was in full legal force and effect.
The Herald warns American investors
against the new concessions. asserting that
the titles are not worth the paper on
which they are written.