New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-11
TREATY WITH COLOMBIA.
PANAMA CANAL AGREEMENT WRIT
UALLY COMPLETED.
NEW QUESTION ARISES WHICH MAY
REQUIRE FURTHER ACTION BY
CONGRESS-
TBT TELEGRAPH TO THE TRIBUNE.l

tBY TELEGRAPH TO THE TRIBUNE.1
Washington, Nov. 10.-The bargain with
Colombia for concessions under which the
United States is to build and operate the Pan
anna Canal has been virtually completed. and
there is no longer any doubt that Secretary
Hay will have the treaty ready for the Senate to
ratify within month. The Colombian Govern
ment has agreed TO make concessions which
conform satisfactorily to the stipulations Of the
spooner act in spirit IL not in its precise terms,
and TO day these received the approval Of Senator
Culom, chairman Of the Committee Foreign
Relations. and OF Senator Morgan. the senior
Democratic member of that committee and the
leading opponent of the Panama route. Conf
dence is expressed that the Senate will agree
TO the modified phraseology, which is adopted
in Difference to Colombias constitutional re-
strictons. but which. nevertheless, fully con-
firms the necessary authority the United States
must exercise over the right OF way and its ap
proaches.
A new question has arisen to-day over money
matters connected with the canal negotiations
which may require further action by both
houses of Congress. Senator Harris, of the
Committee on Interoceanic Canals. has appar-
emily discovered that if President Roosevelt
does not expend any of the $4OO10O0O appro-
priated at the last session of Congress for the
purchase of the property OF the Panama Canal
expiration Of the LVIIth Congress. the entire
appropriation will lapse. and a new law Will
have 20 be enacted.
In discussing the likelihood OF a payment OF
some portion of the $4OOO0OOO before March
H. the Senator called attention TO the fact that
before the property could be acquired treaty
would have TO be ratified by the Senate of the
United States and by the legislative body of
Colombia The Colombian Government has had
no legislative body for three years and is now
In state of revolution. II would seem. there
fore, almost impossibility for the President
TO have q treaty negotiated and ratified by the
two governments in the short time now remain
ing before the expiration of the present Con-
gress.
While not desiring to he placed in a positive
position on the subject. the Senator expressed
the belief that to use any OF the S4OO00OoO for
the purpose OF ascertaining the validity of the
title. for instance, such paying the expenses
of the Attorney Generals trip to Paris. would
not validate the appropriation. which. he be
lieves. can be drawn upon only in accordance
with the terms of the act making the appro-
priation-for the purchase OF the property and
beginning the construction of the canal. Wheth-
er not the administration will take the
same vitw OF the availability OF this appropria-
tion after the expiration OF the present Con-
gress is question which officials decline to
answer in positive way. Attorney General
Knox considers II question which 1t would
not b. proper for him to answer. Controller
TrAcsgei' y the. Treasury replied when asked
regarding the same point:
I can give YOU the rule. hut cannot apply
II. for the reason that il is a matter upon which
/ may be called upon 10 pass The rule is that
annual or continuing appropriations must be
expended within the year. there must be a
proper contract made for their expenditure or
they lapse with the Congress which made them
This rule does not apply to appropriation
which Is not a continuing annual one.
The law providing for the payment Of the
s4O.O00000 to the Panama Canal Company has
section which authorizes the expenditure of
SlOOO0O00 for construction, and also empowers
the President to make contracts for the excava-
ton Of the canal. its construction, completion
and defence. This authorization. however Is
made regarding whichever route may be select
ed. From these two sections it would appear
that the S4OD0.OOo appropriation contained
in the act is not continuing one, and would
not come under the rule cited by the Controller
of the Treasury, but that the appropriation for
the construction of the canal which is CON
tanned in another section Of the law is such
continuing appropriation.