The Montgomery advertiser., 1903-08-19
THE IsTHMEAN CANAL.
And the Duty of the President

And the Duty of the President. Editor The Advertiser:
 Under the terms of the canal legisla- ton it would seem now to be the plain duty of the President to at once conclude associations necessary to secure the Nic- aragua route.
 It may be that this duty has attached long ago-when the Colombian Minister first announced that grant of the Pan- anna route in perpetuity would violate the Constitution of his country. It was never contemplated by Congress that this Government should acquire less than the absolute title to the lands over which seem. therefore. that the present treaty in providing for a lease or for a quail fled or conditional right to these lands, is outside the act.
 Be this as 1t may. it is evident that all the conditions now exist which make it the duty of the President to select the other route.
 selected, when the Panama Company so reduced its figures as to again, in the opinion of Congress, justify reference favor of the other route Without any change in the paramount reasons orig inally given for selecting the Nicaragua route. the Commission changed it's re- commendation. This presented to Con- gress the right of choice between the two routes. It having been suggested that the Panama Company could not give a
 
 ized to have this question examined. and if the title was defective, was directed to select the other route. The title was de- fective both as regards the right of the France, and under the laws of Colombia At this point and without more, the courts would have compelled the selec, ton or the other route If the power con- ferred by the act had been one which the courts had Jurisdiction to enforce
 This Government was not directed or feet the title. but only to investigate the existence or non-existence of the right to convey.
 In excess of its authority. the State De- ative of this Government to France to assist in the matter of judicial proceed ings to perfect the little.
 Afer the French end was looked after we now find the treaty unanimously re- Jected by the Colombian Congress-an absolute and unqualified refusal to sell
 It is now suggested that this Govern ment will adopt other means to secure the title-hrst by amending the treaty and finally by adopting the revolutionary method Of having Panama secede from of authority to amend or change the treaty or of the revolutionary method suggested. the enquiry is: how long may the President wait before selecting the Section of the act provides that should the President be unable to obtain ihs satisfactory nsns.ssr title I.,.o ana control Republic of Colombia. "he shall make and Nicaragua and proceed with the con- struction of the canal"
 The purpose of the act was to secure an early settlement of the question of the route so that the work. for the con duct of which provision was also made. should proceed without delay. While no time during which the President was 10 wait on the Panama Company was specified. every rule of interpretation jus- tified his waiting only a reasonable" time-its reasonableness to be determined by the paramount consideration that work on one canal or the other should be speedily begun. This reasonable time," any court would decide. has long since elapsed
 There now exists no reasonable pretext. not to say excuse. for longer deferring the selection of the Nicaragua route. If there is any further delay. it's cause must be found in something otherwise differ- ent from anything that actuated Con gress in the passage of the act. We repeat it is the plain duty of the Pres ident to select the Nicaragua route and to select if now T M q