The Topeka state journal., 1902-07-11
TRIMMING CANAL TREATY.
Many Seemingly Antagonistic Points
Need Harmonizine.

Washington, July~11.-With the excep-
ton of signing the treaty by which Co.
lombia will confer all the necessary
rights incident to the building OF the Mica
ragua canal by the U. s. government, Sc
nor Concha, the Colombian minister, Mr..
Herran, first secretary of legation, and
William Nelson Cromwell, representing
the Panama canal and railroad companies
are busily engaged in going over new
points in the treaty, which must be mod
flied before the instrument can be signed
Neither the state department nor the
Colombian officials here care to disclose
the nature of the notifications which it
has now become necessary to make in the
treaty, but it is understood that all of
them, either directly or indirectly. involve
the question of sovereignty.
The close study now in progress of the
isthmian canal act and the treaty adopted
by the Colombian government, discloses
apparently important differences and OBJ
scurities in the letter of the documents,
which may not however, exist in their
spirit. For instance, section 2 Of the canal
act authorizes the president to acquire
from Colombia perpetual control of a
strip of land which
control shall include =
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 thereupon may be necessary to
enforce such rules and regulations
From this portion of the act it would
appear that the q. 8. alone is to make po-
lice and sanitary regulations for the ca
nal strip and establish judicial tribunals
for their enforcement. Yet article of
the draft of the canal treaty provides for
the creation of "a joint commission by
the governments of Colombia and the u
S. that shall establish and enforce sani-
tary and police regulations"
Article of the treaty deals specifically
with the question of sovereignty fol-
lows:
-"The rights and privileges granted to
the U. s. by the terms of this convention
shall not affect the sovereignty of the re-
public of Colombia over the territory
within whose boundaries such rights and
privileges are to be exercised.
1.-THE U. S. freely acknowledges and re-
cognizes this sovereignty and disavows
any intention to impair it in any way
whatever or to increase its territory at
the expense of Colombia or of any sister
republics of Central or South Amer
lea. but, the contrary. it desires to
strengthen the power of the republics on
this continent and then promote, develop
and maintain their prosperity and inde-
pendence.''
Briefly summed up, it appears to be the
task now before the parties to the pro-
posed convention to define with absolute
certainty the extent and limits of the con-
troll or joint control to be exercised over
the canal strip. For while control is not
sovereignty, in the common acceptance OF
the term, yet in practice the two often
merge SO closely to defeat Identification
and it has all along been recognized that
any provision 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 Coion-
bian congress.
Mr.. Conrha has been in poo. health
during the spring and summer AMI con-
templates journey out of town to re-
cuperate- 1t is confidently hoped tha, the
treaty may be signed before his departure.