The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-25


sovereignty, independence and integrity of
Colombia.
Article vII.-The republic of Colombia
includes in the foregoing grant the right
without obstacle, cost or impeachment to
such control, consumption and general
utilization in any manner found necessary
by the United States TO the exercise by il
of the grants and the rights conferred upon
il by this treaty, the waters of the Chagres
river and other streams, lakes and lagoons
of all navigable waters, natural and artif-
cial. and also 10 navigate all rivers streams
lakes and other navigable waterways
within the jurisdiction and under the do
minion of the Republic of Colombia. in the
department of Panama. within or without
said zone, as may be necessary or desirable
for the construction, maintenance and
operation OF the canal and it's auxiliary
canals and other works and without tolls
or charges of any kind, and to raise and
lower the levels of the waters, and to
defect them, and to impound any such
waters and to overflow any lands necessary
for the due exercise of such grants and
rights to the United States, and to rectify,
construct and improve the navigation of
any such rivers, streams. lakes and lagoons
at the sole cost of the United States; but
any such waterways so made by the United
States may be used by citizens of Colombia
free of tolls or other charges and the United
States shall have the right to use without
cost. any water stone, clay. earth other
minerals belonging to Colombia on the pub-
lie domain that be needed by it. "All dam
ages" the treaty says, caused to private
land owners by inundation or by the oevia-
arising out of the construction or opera
ton of the canal. shall in each case be ap-
praised and settled by joint commission
appointed by the governments of the United
States and Colombia, but the cost of the
indemnities agreed upon shall be borne
solely by the United States"
Article VIII declares Panama and Colon
free ports for vessels and goods destined
for transmission through the canal but re-
serves the right to Colombia to establish
custom houses for the collection of duties on
goods going to other portions of her ter
ritory.
Article TX provides that no charges of
| any character shall be imposed upon any
| persons connected with the construction
| and operation of the canal or on any yes
sells, tools etc, used in such construction.
Article Y provides for the use of tele-
| graph and telephone facilities.
Article XXI permits immigrants of all ma
| tionalities to work on the canal.
Article XII allows the United States to
| import free of duty material necessary in
| the construction of the canal.
Article XIII says: 1.-THE United States
shall have authority to protect and make
secure the canal as well railways and
| other auxiliary works and dependencies.
| and to preserve order and discipline among
! the laborers, and other persons who may
congregate in that region, and to make and
enforce such police and sanitary regulations
| as it may deem necessary to preserve order
and public health thereon, and TO protect
| navigation and commerce through and over
said canal, railroads and other works and
dependencies from interruption or damage"
| JUDICIAL TRIBUNALS.
1.-THE Republic of Colombia may establish
| judicial tribunals within said zone, for the
| determination, according to it's laws and
| judicial procedure, of certain controver-
sizes hereinafter mentioned. Such judicial
| tribunal or tribunals so established by the
| Republic of Colombia shall have exclusive
| jurisdiction in said zone of all controversies
between citizens of the Republic of Colom-
bia, or between citizens of the Republic of
ton other than the United States"
| go Subject to the general sovereignty of
| Colombia over said zone, the United States
may establish judicial tribunals thereon
! which shall have jurisdiction of certain
controversies hereinafter mentioned, to be
determined according to the laws and jul
| dicial procedure of the United States. Such
judicial tribunal tribunals established
| by the United States shall have exclusive
jurisdiction in said zone of all controver-
sizes between citizens of the United States
| and between citizens of the United States
| and citizens of any foreign nation other
than the republic of Colombia, and of ali
controversies in anywise growing out OF or
| relating TO the construction, maintenance
| or operation of the canal, railway and
other properties and works.
'3. The United States and Colombia en-
gage Jointly to establish and maintain upon
said zone judicial tribunals having civil.
criminal and admiralty jurisdiction, and to
be composed of turists appointed by the
|
| lombia in manner hereafter to be agreed
upon between said governments, and which
tribunals shall have jurisdiction of certain
| controversies hereinafter mentioned, and of
all crimes, felonies and miSdemeanorS COM
mitted within such zone, and of all cases
arising in admiralty according to such laws
and procedure shall be hereafter agreed
upon and declared by the two governments.
Such joint judicial tribunal shall have ex-
elusive jurisdiction in said zone of all con-
trOVerSleS between citizens of the United
States and citizens of Colombia, and be-
tween citizens of nations other than Colon
bia or the United States, and also Of all
crimes, felonies and msdemeanors COM
mitted within said zone and of all questions
of admiralty arising therein.
a. The two governments hereafter, and
from time to time occasion arises, shall
agree upon and establish the laws and
procedures which shall govern such joint
judicial tribunal and which shall be ap-
plicable to the persons and cases over
which such tribunals shall have jurisdic-
ton, and also shall likewise create the
requisite officers and employees of such
court and establish their powers and du-
ties; and further shall make adequate
provision by like agreement for the pur-
suit, capture, Imprisonment, detention and
charged with the commitment of crimes,
felonies or misdemeanors without said
zone, and for the pursuit, capture, i'm
prisonment, detention and delivery with
out said zone of persons charged with
the commitment of crimes, felones and
misdemeanors within said zone"
AWARD OF UNDERWRITERS.
ARTICLE XIV-The works of the canal,
the railways and their auxiliaries are de-
clared of public utility, and in consequence
all areas of land and water necessary for
the construction, maintenance and opera
ton of the canal and the other specified
works may be appropriated in conformity
with the laws of Colombia, except that the
indemnity shall be conclusively determined
without appeal by joint commission APP
and the United States. The indemnities
awarded by the commission for such ex-
preparation shall be borne by the United
States, but the appraisal of said lands and
the assessment of damages shall be based
upon their value before the commencement
of the work upon the canal.
article XV-The republic of Colombia
grants to the United States the use of all
the ports of the republic open TO commerce
as places of refuge for any vessels en-
ployed in the canal enterprise and for all
vessels in distress having the right to pass
through the canal and wishing to anchor
in said ports. Such vessels shall be ex-
empt from anchorage and tonnage dues on
the part of Colombia
article XVI-The canal when con-
structed and the entrance thereto shall be
neutral in perpetuity and shall be opened
upon the terms provided for by Section ! of
Article 3 of and in conformity with all the
stipulations of the treaty entered into by
the governments of the United States and
Great Britain on Nov. Is, 1901.
| ARTICLE XVII-The government of Co.
lombia shall have the right to transport