The Washington times., 1903-09-09
Important Inquiries Ad-
dressed to American Rep
resentative at Bogota Have
Remained Unanswered.
An Explanation Demanded
From Colombian Charge.
Some Reasons Alleged for
Failure of Canal Treaty.

Mysterious delay in the delivery of
dispatches from the Department of State
to Minister Beaupre. at Bogota is being
Investigated by Secretary Hay
Dispatches sent by the State Depart
ment to Minister Beaupre between July
rs and August 10. the period when the
Colombian senate was discussing the
canal treaty, were not received by the
United States minister. He failed to
reply to important inquiries. and an in
vestigation has shown they were re-
ceivod at the cable station at Buena
Ventura and were turned over TO govern
ment officials for transmission to Bogota
by telegraph lines belonging to the gov
ernment.
AS soon as the State Department
learned of this delay an explanation
was asked of DR.. Herran, the Colombian
charge d'affaires. who sent a dispatch to
tho Colombian director OF posts inqui-
ing concerning the delay.
Land Lines Defective.
If these dispatches were purposely
withheld at time when such important
negotiations were going on between the
AANS0 states anu tbiOulDAds lne dCLlOu
Of the South American government
would be the subject of diplomatic rep
reservations Of a grave nature. Until
DR.. Herran receives an answer from his
government no action will be taken by
the State Department.
The land line from Buena Ventura to
Bogota is more than 400 miles long. and
is through a dense tropical forest. In
speaking of the line. DR.. Herran said
it is not strange that delays occur
sometimes, as the wires are fastened to
trees over much of the route, and storms
play havoc with them. Then. he says,
the repair stations in remote sections
frequently run short on wire and other
supplies, and are unable TO keep the
lines in condition.
In a recent dispatch from Foreign
Minister Rico to DR.. Herran, three rea-
sons were alleged for the disapproval OF
the Panama Canal treaty. The first was
that the lease OF the canal zone to the
United States for one hundred years,
renewable at the option Of the United
States, amounted to relinquishment Of
sovereignty by Colombia over that part
OF its territory and was therefore un-
constitutional Against this argument.
st is urged that the mere fact that the
United States proposes to pay Colombia
an annual rental is recognition OF her
sovereignty by this Government.
Purely Technical Plea.
II is further pointed out that there is
no direct prohibition in the Colombian
constitution against the alienation of
territory. The constitution defines the
boundaries OF Colombian territory ard,
OF course. II any part were taken away,
those boundaries would be changed Put
it is urged that as the United States
does not propose to take any OF Colom-
bias territory. the plea that the canal
treaty is unconstitutional is purely tech
nicaI
The second reason advanced was that
the treaty provides for administration
of United States law in Colombian ter
ritory. The Bogota legislators objected
10 the idea of Colombian citizens being
tried under American laws on Colombian
ground. The United States. on the other
hand, objected 10 the subjection of
American citizens TO the long delays of
South American administration OF JUS
tice. modelled on Spanish systems
A third reason alleged was that the
canal company had made no arrange
ment with the Colombian government
for the actual sale OF the canal property,
although admitting that permission had
been given for the preliminary negotia-
tions. This is probably the principal
reason that actuated the Colombian con-
gress IN disapproving the treaty.
Colombia Wants q "Divvy."
II is taken here 70 mean that II the
canal company will agree to divide with
Colombia the 100000, 900 it is TO receive
for its property. the treaty would likely
be ratified.
1t is pointed out. however. that the
Colombian minister at Paris took part
in the stockholders meetings of the
canal company and not only urged that
price should be set by the company at
which It would dispose OF the canal TO
the United States. but actually voted
Colombias million shares of stock in
ratification OF the bargain finally agreed
upon.
Attorney General Knox carefully con-
sidered this phase of the situation when
he made his examination OF the title
tha@ NAS I EshalHh lanai company cOuId
confer on the United States II the sale
was consummated. He was convinced
that Colombia had given her consent to
the sale, and so advised the President.
For this reason. the United States
Government has absolutely refused TO
lend itself to the attempt Of the Colon
bian government 70 compel the canal
company 20 give up part of the money
it is to receive.
II Is understood that Colombia has
asked the company 70 pay ten millions
out Of the forty millions which is the
purchase price of the canal. and there
is little doubt that IL the company
would consent TO be thus held up" the
treaty would be ratined forthwith As
stated, however, both the United States
Government and the canal company
have definitely refused 10 become par