New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-10-10
COLOMBIA AND THE CANAL
IN INTERESTING POINT.
Wonld a Treaty Made By President
Require Ratification BIZ Congress-
IrRoM rHs rnrrrxE rrHEAr. ]

tFh0A TH6 TRIBUNE FTREAt-l
Washington. oct J-The bill pending before
the Colombian Congress authorizing the Presi-
dent Of Colombia to negotiate a canal treaty
with the United States on certain terms has
been supposed TO be similar 10 the SpoOner law
which authorizes the President OF the United
States. after making treaties OF certain kind.
TO expend money in building canal But an
interesting question has been raised by Assistant
Attorney General Charles ". Russell. who ex-
amined the title OF he Panama Canal Company
for the United States in Paris last winter The
question is TO whether the treaty or con-
ventiOn or contract the President OF Colombia
might make would necessarily require ratifca-
ton by the COlombi-n Congress That is
whether extraordinary power is TO be given 70
him as a matter Of convenience" TO finish the
business in the recess OF Congress without the
need OF waiting for It's reassembling
This question arises from the following pro-
visions Of the Colombian Constitution considered
together:
Paragraph of Section 10 OF Article CXx pro
vides:
All treaties shall be submitted sor the approval
Of gress. and the conventions shall be approved
s tsnsIefsd c11oress y fs M fs,t-rert
OF the Ministers OF The Council OF State having been
previously obtained
Paragraphs I and Of Article C1IXI provide:
In case of foreign war or Of civil eonmotion the
OF State and with the written consent OF all re
ministers. declare tire public order be disturbed
ard ls the whole or part of 'h republic In state
After such declaration The President shall be in
vested with the powers which the laws confer upon
him 70 defend the rights Of the nation 70 repress
disturbance and in case ne Laws are defective Ne
shall use the powers conferred By the law OF na-
tons. The extra rd!nary means or legislative de-
limits the president may or,ian shall be obliga-
tory. provided hey bear the signatures OF all the
ministers.
Article LxXvI defines the powers Of Congress
in Sections Q and 10 as follows.
To authorize the government CPresidsnO 70 make
contracts. negotiate loans. ALLEVIATE national prop
erty and exercise other functions within constitu-
To invest the President Of the Republic tempo
rsrly with such extraordinary powers as necessity
may require or the public convenience demand
As Article 121 apparently covers the question
OF public danger and commOtio1, and the word
convenience" is used in Section 10. above
quoted the question is asked. Does this section
mean Just what il says or not This Is point
Of Colombian constitutional construction with
which American lawyers hesitate to deal. as
every system of law has its subtletics and Pc
Culiarfties Then there is Section 9. above
quoted. which might be interpreted together
with the fact that the President Of Colombia
was authorized BY law in 1872 70 contract with
the canal the contract not 10 require Che ~
prevail OF Congress This leads TO the question,
Why could he not now be aurnOrZel 80 %
contract with the United States
The necessity for such an authorization IL
shown from the fact that the election OF a new
President Of the republic takes place in Decern-
Der but his inauguration viii not follow until
August .. The new President viii appoint Gov
ernors for each Of the nine departments, or
states and these will. is the declared custom.
dictate the election by the department leglsla-
lures Of nine new Senators The new Congress
will not convene until JULY 20 next To puJ Jne
whole matter OF the treaty or until that time
IS feared BY the most sanguine Coiombians 20
he fatal 10 the interests - the Panama project
dent OF the United States is required &c act with
in "a reasonable time
II the question herein raised may be answered
IN the af7rnatfv=that IS. that the Colombian
Congress can cOnstitutfOually delegate its pow
ers 20 President MarrOquin 20 take immediate
action toward negotiating and ratfying new
canal treaty-the work of the Congress now IN
session will not have been in vain