Omaha daily bee., 1902-07-12
WORKING ON CANAL TREATY
Representatives Of TIVE Governments Busy
Modifying the First Draft.
TERMS ARE TO Be VERY DEFINITE
United states to Exercise Police and
Sanitary Control, but Colombia
is Not to Lose Rights
of Sovereignty.

WASHINGTON, July l1.-with the ex-
ception Of signing the treaty by which CO.
lombia will confer all the necessary rights
incident to the building of the Panama
canal by the United States government,
Senior Concha, the Colombian minister; Mr..
Herran, first secretary Of legation, and Will
liam Nelson Cromwell, representing the
Panama Canal and Railroad companies, are
busily engaged in going over certain points
In the treaty, which must be modified be-
fore the instrument can be signed.
Neither the State department nor the Co.
lombian officials here care to disclose the
nature Of the notifications which 1t has
now become necessary to make In the
treaty, but Il is understood that all Of
them, either directly or indirectly, involve
the question Of sovereignty.
The close study of the passing Of the
isthmian canal act and the treaty presented
the Colombian government develops appar-
entity important differences and obscurities
in the letter Of the documents, which may
not, however, exist in their spirit. For in
stance, section 2 OF the canal act author
ICES the president to acquire from Colombia
perpetual control OF a strip of land . "
., which control shall include " I"
Jurisdiction over said strip and the ports
at the ends thereof, to make such police
and sanitary rules and regulations as shall
be necessary to preserve order and preserve
the public health thereon, and to establish
such judicial tribunals as may be agreed
thereon as may be necessary to enforce
such rules and regulations"
Rights Of the United states.
From this portion Of the act 1t would APP
pear that the United States alone is to
make police and sanitary regulations for
the canal strip, and establish judicial tri-
bunals for their enforcement. Yet article
Ill Of the draft Of the canal treaty provides
for the creation Of a Joint commission by
the governments of Colombia and the
United States that shall establish and en-
force sanitary and police regulations"
Article Nv Of the treaty deals specifically
with the question of sovereignty, as follows:
The rights and privileges granted to the
United States by the terms of this conven-
ton shall not affect the sovereignty of the
republic of Colombia over the territory
within whose boundaries such rights and
provisions are TO be exercised.
The United States freely acknowledges
and recognizes this sovereignty and dis
av0ws any Intention to impair in any way
whatever, or to increase its territory at the
expense of Colombia or OF any OF the sister
on the contrary 1t desires to strengthen
the power of the republics on this conti-
nent ana then promote develop ana mdln@
tain their prosperity and independence.
Terms to BE Definite.
Briefly summing up, It appears to be the
task now before the parties to the pro-
POSED convention to define with absolute
clarity the extent and limits Of control,
or Joint control, to be exercised over the
canal strip. For while control is not SOW
e~reigDty in the common sense of the term,
yet In practice the two often merge so
closely as to defy identification and 1t has
all along been recognized that any pro-
vision of the treaty which threatens In any
measure the sovereignty OF the South
American republic over the canal land will
not be acceptable to the Colombian con-
gress.
Minister Concha has been in poor health
during the spring and summer and con-
templates a journey out of town to re-
cuperate in the near future. 1t is conf
IDENTIFY hoped that the treaty may be
signed before his departure.