Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-03-19
THE CANAL TREATY
Mr.. Morgan's Speeches Made
Public in Record.
ACKNOWLEDGEMENTS
MR.. CULLoM's VIEWS ON CoMPLI-
ANCE WITH sPooNER ACT.
He Points Out That the Treaty is a
Substantial Compliance With
Every Provision.

are original the senator having drawn upon
every imaginable treaty, public document,
book Of travel, report and historical work
for matter to make up the great mass of
Information upon the subject which he
presents.
In his original remarks the senator's vein
might be interpreted as slightly pessimistic
and not altogether free from criticism and
animadversion. Reading between the lines,
one would not get the impression that the
senator Is hopeful of a successful outcome
OF the treaty negotiations or of final con-
struction of the canal under the treaty. The
references to the Panama Canal Company,
| to the Colombian government and people
and to all the parties to the deal are not
| couched in the considerate language of
| diplomacy, and sensitive persons might even
charge the senator with being rather more
than plain spoken.
About four pages of the Record are occu-
| pied by, Senator Cullom, chairman of the
| committee on foreign relations, in closing
the debate on the treaty
The spooner Act.
Senator Cullom discussed a question
which has lately been raised namely,
whether the treaty was in compliance with
the Spooner act. On that subject Senator
Cullom said:
Now, Mr.. President. much has been said
on the question whether the treaty before
us Is such a compliance with the Spooner
act as will authorize the President to pay
the $4O,OOOOOO to the Panama Canal Com
pany and the $4,000, 600 to Colombia which
we appropriated during the last Congress.
In my judgment, IL this treaty Is ratified
the President will be advised by the Attor-
ney General that there has been a sufficient
compliance with the Spooner act.
Section l of the Spooner act provides
that the President is authorized to acquire
at cost not exceeding $40, 900, 600 the
rights, privileges; franchises, concessions
grants Of land, right Of way, unfinished
sonal and mixed, of every name and ature
owned by the New Panama Canal Company,
including 6S,S63 shares of the Panama Rail-
road Company.
THE President has complied with this
section Of the act by accepting the offer of
the Panama Canal Company to sell its
property to the United States at $40, 600 600
We do agree. however that certain public
lands shall revert but this will talk about
a little later. l think the President has
fully complied with the first section Of the
act.
The Strip Of Land.
''The second section provides In substance
that the President is authorized to ACQUIRE
from Colombia upon such terms as he may
deem reasonable perpetual control of strip
of land, not less than six miles in width,
extending from the Caribbean sea to the
Pacific ocean, and the right to excayate,
construct, operate and protect thereon a
canal, including the right to perpetually op-
crate and maintain the Panama Railroad
Company. and also jurisdiction over said
strip and the ports at the ends thereof to
make such police and sanitary regulations
as shall be necessary to preserve order and
health and establish tribunals, etc.
Inc President has complied substan-
TALLY with this section.
THE first question in reference to this is
Is the control for the term Of one hundred
years, renewable at our sole and absolute
option for periods Of similar duration so
"a MO rnny a~,~
trol?' 1 maintain that to all intents and
purposes it Is perpetual control The
treaty gives US control Of the zone forever
at our option The word perpetual" as
nical meaning in law. The word Is given
its ordinary meaning, which is: Never
ceasing; continuing forever In future time:
destined to be eternal; continuing without
Interruption
"We obtain by this treaty a neyer-ceas-
Ing control of the canal zone; it will con-
tinue forever. by Its very terms, If we so
desire it; it is destined to be eternal, and 1t
Will continue without interruption. The in
tent of the Spooner act in this respect Is
substantially complied with. All that was
contemplated by that act was that we
should have an irrevocable control, SO far
as Colombia is concerned, over the canal
zone. We obtain such control by the
treaty.
What the Treaty Gives.
The next question u.s. Does the treaty give
us six-mile zone from the caribbean sea
to the Pacific ocean, as provided in the
act?
II maintain that that provision has also
been substantially compiled with. We OBJ.
tain by this treaty considerably more than
six-mil zone all along the route Of the
canal. excepting at two points-Panama
and Colon. AT Panama, for very short
distance. the zone is one and one-half
miles Wide on one side and a little over
three miles on the other. At Colon it Is
less than three miles on one side and a
little over three miles on the other. There
has been such substantial compliance
with the act In respect to the zone that the
exception Of Panama and Colon Is not i'm
portant. In addition to that it must be re-
membered that We obtain more than a six
mile zone along all auxiliary canals So,
as matter of fact We obtain a wider zone
and greater zone Excepting at the two
points have mentioned) than the act pro-
vided. There Is no fatal variance in this
regard between the act and the treaty The
Spooner act provides that the strip of ter
ritory shall extend from the caribbean sea
to the Pacific ocean. The very terms of
the treaty comply with the act in this re-
spect. 1t Is provided in, the treaty:
"A zone Of territory along the route of
the canal to be constructed five kilometers
in width on either side thereof, including
therein the necessary auxiliary canals, to-
gether with ten fathoms of water in the
Bay OF Limon In extension Of the canal,
and at least three marine miles from mean
low-water mark from each terminus of the
canal into the Caribbean sea and the Pa
cilc ocean, respectively
This provision Of the treaty Is SUBJ
stantial compliance with the act.
1--WE obtain the perpetual control of the
railroad as provided In the act. We obtain
jurisdiction over the strip. and substan-
TALLY over the ports at the end thereof, to
make police and sanitary regulations, as
provided in the act. The treaty provides for
the judicial tribunals. as stipulated in the
act.
so, Mr.. President, sections 1 and of
the act have In most respects been literally
complied with. and in every respect those
sections have been substantially complied
with.
Section Of the act provides that when
the President shall have done the things
required of him in sections and 2-namely,
acquired the property of the New Panama
Canal Company and obtained a satisfactory
treaty with Colombia--he Is authorized to
pay for the property by warrants drawn by
himself
A Substantial Compliance.
Now. Mr. President. as I have stated,
there has been a substantial compliance
with the Spooner act. 1t Is primary rule
of construction that In cases of this kind
one treaty one law muSf he construed