The Montgomery advertiser., 1903-11-19
TEXT NOT MADE PUBLIC
Provides for Payment of $10,.
 900, GOO, to Panama.
Canal Strip Leased to the United States in Perpetuity and Ameri-
 can Courts Will Be in r Control.

Washington, Nov. 1s.-The Hay -Bunau- Varilla Isthmian canal treaty was signed this evening at the residence of Secretary Hay by the Secretar and Philippe Bu- nau-Varilla. the Minister from Panama.
 The treaty in its text cannot be made public at this moment. first. because of the unwritten law which obliges the State Department to await the pleasure of tho Senate in the matter of publicity, and, second. because the President has not yet determined when the convention shall be submitted to the Senate for ratification.
 His present purpose is to withhold 1t until there shall be reasonable assurance that it's consideration will not obstruct any of the legislation for which. the pres ent special session of Congress has been called. st f83
 will Withhold Treaty.
 But certain facts have been disclosed as to the provisions of the treaty which make it appear that in its general. lines. the new Hay-Bunau-Varilla convention is patterned upon the failed Hay-Herran treaty with the exception that the new convention follows not only the spirit but the letter of the spooner act Thus, in- stead of the lease for . fixed period of the canal strip, this new treaty provides for a perpetual lease Of the right of way to the United States and instead of a complicated provision for courts of mixed composition-half American and half Co., lombian-to administer justice over the canal strip, the new treaty permits the United States Government to exercise the most complete jurisdiction thsreupon. r
 The United States may fprtify the line and the terminals and it may police 1t with troops
 The money consideration is un- derstood to be the same, only Panama. instead of Colotnbia. is to receive the $1O.0OO.OO0 and the canal is to be neti- trai and open to all nations on evon tefn1s 7tHss; afk ms
 These are understood to De the terms of the new treaty. which 'Ia much simpler in form than fhes faded Hay-IFeFran treaty and has been sbspiaiiy drawn to meet the objections urged against the later. M
 Sovereignty iS Absolute.
 The keynote, of the treaty in one of the very first articles by which Panama cedes to the United States whatever land or lands throughout the Republic of Panama this Government shall find desirable in connection with the building and operat- ing and maintenance Of the canal. In ad- dition. the treaty gives to the United States absolute sovereignty over the canal strip which 1t is understood comprises OSNWCCh CA8uN aA0 NOH AtAAAcS On GdSIl 6lQC of the canal. Within this gone the power of the United States is as absolute as if the zone were part and parcel of this country.
 The cities of Panama and Colon retain their municipal autonomy under the Re- public of Panama so long as they main tain public order and sanitary 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 com pei obedience to It's rules to the public order and public health in these cities.
 The treaty further provides that the canal is to be neutral and open to all nations on even terms.
 Secretary Hay had a conference with the Panama Minister late last night and the general terms of the treaty were agreed upon.
 Treaty Entirely New. Secretary Hay, was at first somewhat undecided as to whether the treaty should be an amended form of the Hay-Herran convention or an entirely new paper This point was decided at luncheon at the Secretary's house today at which were present Secretary Root, Attorney General Knox and a number of leading Senators. Their unanimous opinion that an entirely new treaty would be the most favorabIy received by the Senate. 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 | the Panama Government was opposed to it. and the treaty makes no such pro- vision. This is the only point in the ne- ! gotiations which caused even the expres- sion of difference of opinion.
 No time will be lost by Panama in rat flying the new treaty. Whether the rati- fication will be made by the Government at Panama or whether the commission 1 which arrived here tonight will be cabled powers to ratify it has not yet been de- | termined.