New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-07-30
WAY CLEAR FOR CABLE.
OBSTACLE TO PACIFIC LINE
REMOVED.
SPANISH CONCESSION OF EXCLUSIVE
LANDING RIGHTS IN THE PHILIP
PINES IGNORED.
LRr TELEGRAPH TO TIE TRIBUNE. ]

TBT TELEGRAPH TO THE rRIBUSEl
Washington. July 29.-The last hypothetical
obstacle 10 the prompt construction of the
American Pacific cable growing out of the
cient concession by the Spanish Government
TO the Eastern Extension Telegraph Company
OF exclusive rights in the Philippine Islands. has
been disposed of to the satisfaction of the ad-
minstration authorities. who believe that all
fears of the Commercial Pacific Gable Com
pany the subject have been quieted. The
departments of War and Justice have held in
all that the United States did not assume
the obligations of this character resting
Spain. and the uniform ruling against all such
monopolies is confidently believed 10 be
sailable. This is particularly applicable TO
Philippine concessions because it decided
definitely in the negotiations at Paris. when the
Spanish Commissioners attempted to bind the
United States to assume the colonial response
blities of Spain. notably in the OF the
Manila-Dagupan Railway, and the American
Commissioners. in expressly repudating that
proposition, induced Spain 10 accept a payment
of $40 600 600 in cash ''n lieu of an assumption
by the United States of the obligations of the
Government of Spain for the benefit of the
Philippine Islands,
The full discussion of the subject ar that time
and the agreement reached made Spain respon-
sble for the guarantees given to the railway.
cable and other companies holding concessions.
and with the ratification of the treaty the Span
ish Government fully accepted all responsibility.
Three years later the question indirectly
revived the application Of the Eastern Ex-
tension Company for a continuance OF the
nual subsidy formerly enjoyed from Spain for
the transmission Of government kilograms TO the
Visayan Islands from Manila, and It was them
in 1901 agreed to treat the application as an
original application made by the company for
conducting government business over its lines.
eral that this arrangement was to be made with
reference to existing and prospective conditions
rather than obligation.
NO MONOPOLY RECOGNIZED.
The United States having steadily declined TO
recognize any exclusive landing rights in the
Philippines. proceeded two years ago. through
the signal service of the army. to establish five
thousand miles of military telegraph lines and
over one thousand miles of military submarine
cables in the Philippines, and all these lines
now operated by the civil government of the
islands. No attention paid to any alleged
monopoly, and, in fact, 1t generally under
stood that the claim of a monopoly had long ago
been abandoned. The American cables con-
meet Manila with the islands of Mndoro. Mar
induque, Masbate, Samar Leyte. Cebu. Negros.
Mindanao, Jolo, Siasi and Panay. In the same
manner Luzon be connected with Guam
just so long the line does not touch foreign
territory.
With the proposition to connect Manila by
American cable with Hong Kong or the Chinese
and Japanese coasts. however, entirely diff
ferent condition operates-that OF the exclusive
concession owned by the English company to
landings on those coasts. The United States
hopes, however. that eventually China and
Japan will overcome these arrangements dis
advantageous to their welfare. and throw
open the door to free communication with all
parts of the world.
PRECEDENT SET BY ENGLAND.
The whole question of perpetuating old Span
ish concessions in the islands which have come
under United States sovereignty, aside from the
explicit arrangement to those in the Philip
pines which were fixed absolutely by the Treaty
of Paris and by the $20.OO0000 payment,
further determined so far as English claimants
or concessionaires are concerned by declara-
tion Of the rule of international law made by
the Transvaal Concessions Commission in its re-
port dated April 49, 1901. This commission was
appointed by the English Government ito in
quire into the concessions granted by the gov
ernment of the late African Republic" In its
report appears the following blue Book for
June. 190D:
II is clear that state which has annexed an
other is not legally bound by any contracts
made by the State which has ceased to exist
and that court of law has jurisdiction to en-
fuse to recognize them.
Though doubt whether the duties Of
nexing State toward those claiming under con-
cessions or contracts granted or made by the an
nexed State have been defined with such pre-
cision in authoritative statement acted upon
with such uniformity In civilized practice as TO
warrant their being termed rules of information
al law, convinced that the best modern
opinion favors the view that. a general rule
the obligations of the annexed State toward pri-
vate persons should be respected Manifestiy
the general rule must be subject to qualifications
e. e., an insolvent State could not by aegres-
sion, which practically left TO a solvent State no
other course but to annex IL, convert its worth
less into valuable obligations.
1t is held that, IL the Eastern Extension Com
pany set up claim for the injuries IL has suf-
fered through the cancellation of it's monopoly
that its investment had been unprOductve and
il had lost through Spanish repudiation of bona
fde Indebtedness, the sole dependence of the
States 10 take over the Indebtedness. But this
could only be done the equities of the
as an act OF grace Under the American consti-
tuition such acts Of grace by the United States
can only be performed by Congress-, and IL is
preposterous 10 think that Congress, represent
ing the people. would authorize a cable monop-
oily in the Philippines TO an English company
when II refused, month ago, to grant exclusive
rights TO an American corporation
CHICAGO IN 20 HOURS.