Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1903-11-14
INTERPRETING THE sPooNER
ACT

ACT.
Recent events in the isthmus have
given rise to discussion in this coun-
try as to the Interpretation of the
Spooner act. This act directed the
President to enter into negotiations
with Colombia concerning the con-
struction of the Panama canal. 1t al
SO provided that should he fail in gain
ing permission to take up the work
latter reasonable time." he should
then begin negotiations to secure the
Nicaragua route. There are some dis
gruntled people In the country who ara
charging the President with disregard
ing the provisions of the act because
he has not already sought to enter up
on negotiations with Nicaragua and
Costa Rica. Concerning the interpre-
tation OF the Spooner act, which is the
important consideration in the canal
project, the Chicago Tribune peril
nently remarks:
What is a reasonable time? Has it |
expired? Ii it has. it is the Presidents
duty to turn to the other route. "Rea-
sonable time" is indeed a vague term.
And the law was purposely made
vague. The intent OF the law was to
leave the President with some discre-
ton in the matter The trainers of the
law accorded him some intelligence
and integrity. They did not think the
cause of the canal was imperiled by
being intrusted, within limits, to the
wisdom of the President OF the nation.
A reasonable time" was not specif
cally defined by the Spooner act. Its
Interpretation is, therefore. left to the
president He was trusted with the
responsibility of figuring out for him
self what the phrase meant. We have
yet seen nothing to indicate that IL
was unwise to trust the president.
We believe he will decide the meaning
oil the phrase wisely and Tor the inter-
ests of the country. The state depart
ment has more data at its command
in regard to the canal situation than
any organization or than any person IN
s the country Otherwise it would be an
( ineficient department Therefore,pre-
Stunning the department to possess pa
3ttiotism which has never heretofore
been denied it, it is more competent to
decide than anybody else when the
reasonable time" expires, when nego-
t;ations for the Panama canal have be-
come hopeless, and when 1T is time to
turn to Nicaragua.
There is no reason to question the
presidents action in this matter. AS
the Tribune suggests he and ms con-
stitutional advisor of the state depart
ment have fuller knowledge OF the ca
nal project than anyone in the country
They are familiar with all the relevant
conditions that must necessarily be
be taken into account and they are
thus better able to determine when
q
to the Nicaraguan route has come. But
those who seek to make PARTISAN CAPT.
tai out of the present state of the
canal project are not worthy of regard.
These factionists are of the class that
is always against things. They are
opposed to the Panama. route because
the administration favors it. They
would favor it as strongly as they now
oppose it, were negotiations in prog
ress for the Nicaraguan route.
The Tribune further says:
Courts of law consider the intent
OF an instrument. Supreme courts, on
deciding great constitutional questions
go into the intent of the trainers, ex.
hume their debates, and from their un
official oral words gather light on the
meaning of the written and Official in
strument. In question as grave and
as far reaching as this the intent OF
the law must be considered. The in
tent of the Spooner law was that the
Panama route was the better one ant
to be preferred, but if, after reason
z able time" it could not be obtained
then the Nicaragua route was to b'
taken up as second choice The Presi
dent, as has been observed, was in
truotad with the intprprpt 9fiOD q