The Hawaiian gazette., 1903-12-01
THE HAY-VAR|LLA TREATY
WITH THE NEW REPUBLIC
The Best Things Found in the Late Files
From the Coast Geanings Of the Worlds
Most Interesting News.

the new treaty contains many of the
provisions of the failed Hay-Herran
treaty, 1t Is not based on that conven-
tion, but follows not only the spirit hut
the letter of the Spooner act Thus,
instead of the lease for fixed period
of the canal strip, this new treaty pro-
vides for a. perpetual grant of the right
of way to the United States, and in
stead of complicated provision for
courts of mixed composition-half
American and half Colombian-ta ad-
minister justice over the canal strip,
the new treaty permits this Govern
ment to exercise the most complete
Jurisdiction thereon.
Permission also is given the United
States to fortify the line and the ter
minals, and it may police it with
troops. That portion of the treaty
dealing with the fertilization of the
terminals is rather general, but sufIi-
GENTLY explicit not to be misunder-
stood.
The cities of Panama and Colon re-
tain their municipal autonomy under
the Republic of Panama so long as
they maintain public order and sani-
tary conditions to the satisfaction Of
the United States. Failure to do this
gives the United States, according to
the treaty, the right to force strict
compliance with the wishes of this
Government in this direction, and the
United States can even use force to
compel obedience to its rules as to
public order and public health in these
cities.
The money consideration is the same
in the new treaty as in the Hay-Her-
ran convention, with the exception that
the 100000 OO0 goes to Panama instead
of to Colombia. +
The treaty further provides that the
canal is to be neutral and open to all
nations on even terms.
Two-thirds of the treaty concerns de-
tails of administration, which, while
not necessary to the efficacy of the con-
vention, will. it is believed, commend
the new treaty to many meu0rs of
the Senate who picked flaws IN the
defunct Hay-Herran convention.
Secretary Hay had a conference with
the Panama Minister late last night
and the general terms of the treaty
We're agreed upon.
The contention of the Washington
Government. that the capital of the
new republic be not located in either
Panama or Colon, was not pressed by
Secretary Hay when he found that the
Panama Government was earnestly op-
posed to it, and the treaty makes nc
such provision. This, however, is not
regarded by the Secretary as n vita
point in view of the extensive rights
which the United States has through
out the canal strip, and its especially
wide jurisdiction in the terminal cities
This is the only point in the negotia-
tions which caused the expression of q
difference Of opinion.
/ No time will be lost by Panama in
ratifying the new treaty. Whether the
ratification will be made by the Gov
ernment at Panama or whether the
commission which arrived here tonight
will be cabled power to ratify it has
not yet been determined. The eX.
change of ratifications will occur in
Washington.
The President has not determined
when the convention shall be submit
ted to the Senate for ratification. His
present purpose is to withhold it until
there is reasonable assurance that its
consideration will not obstruct any OF
the legislation for which the present
special session of Congress has been
called