Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-27
Various Views of Action of
Colombian Congress.
INFORMATION WANTED
QUESTIONS RAISED ABOUT COM
PANY's CONCESSIONS.
Delay May Be for Purpose of Securing
More Money From the
United States,

In official and all other circles interested
that some connected and definite story can
not come from Colombia relative to tust
what action was taken by the Colombian
congress as to the treaty with the United
States for the purchase, completion and
operation OF the Panama canal.
Surprise is expressed that American news
paper men in Colombia have not sent to
this country some story that would give
correct idea of sthe Colombian attitude
and probable future purposes. An eminent
authority on the history of the Panama
canal and the concessions granted by CO.
iombia Is of the opinion, from all the re-
ports that have come from South America,
that the Colombian congress has not re-
jected or defeated the treaty, but has mere
ly temporarily laid it aside expecting an
advantage in some way or other, probably
pecuniary, by postponement. This au-
thorlty has no peer as to the legal status of
the canal company and similar features.
The opinion was recently expressed by an
important congressional advocate of the
Nicaragua route that Colombia had turned
the treaty down because the concession
granted to the canal company will, 1t is
claimed, expire October 81, 1904, at which
time the entire property will pass into the
hands of Colombia. to be used as she sees
fit This authority thought that Colombia
had acted properly from patriotic motives
and suggested that 1t would be decidedly
foolish for Colombia to accept $lO.OOO,OOO
from this country at this time for privileges
that the United States might see fit to offer
$5O,OOO.O0O for within little over year.
1t was claimed by this authority that there
was no question that the concession to-
gether with all the property of the Panama
company. would revert to Colombia next
year.
Canal Company's View.
rhn
ton is naturally diametrically opposed to
this, and prominent official said today
that any attempt of Colombia to seize the
canal as her own property after October
of next year on the ground that the con-
cession had expired might lead to serious
complications with the government of
France, which might feel called upon to
protect what it might regard as the in
terests of its own people Because of this
possible contingency it is not regarded as
likely that Colombias delay at this time
about the treaty has in view the expira-
ton of the concession before anything
further is done.
There is serious dispute in and out of
Colombia as to whether the concession will
expire in October. Attorney General Knox,
in his report to President Roosevelt last
year on the title of the Panama Canal
Company, called attention to the fact that
dispute expires October 81, 1904 and then
goes on to Say: 1.-The executive power of
Colombia in April, 1900 undertook to grant
to the New Panama Canal Company
further extension of six years from Oc-
tOber 1904
Before the Colombian congress had op-
portunity to pass upon this further extern
sion of time one of the periodical reyolu-
tions broke out, and there has not since
then been a meeting of the congress. The
Panama company holds that the action of
the Colombian executive and his ministers
represented the government, and the fact
that revolution followed and prevented the
usual confirmation by congress in no way
vaiidates the extension of time. The oppo-
site view is that, regardless of the revolu-
ton, the constitution of Colombia provides
that congress must ratify such agreements
before they can become binding, just as in
this country such a concession would have
to be ratified by the Senate before it would
have the force of law 1t is, therefore, a
fine constitutional question whether the
concession expires October 81 1904, or runs
six years from that date.
A Peculiar Feature
A peculiar feature of this concession of
"prolOngatiOn," as it is called, is that it
was made by the national executive
power of Colombia, and nowhere provid-
ed for approval by the Colombian congress-
was the case in all similar contracts
and agreements. The first concession of
Colombia to what is now known the old
Panama Canal Company was made by the
executive authorities of Colombia March
%, 1878, and article 26 the last one of the
contract, provided that it should be sub
mitted to the definite acceptance by the
congress of the nation December g. 1900
this concession was further extended so
that under it's provisions the concession
should expire October 81, 1904 and in arti-
Gle 10 Of the extension is the provision that
the prolOngation must be submitted to the
approval of his excellency the president
of the republic, and to that of congress
A contract embodying these facts was duly
signed and passed upon by the president
and the Colombian congress.
All references to congress are eliminated
in the contract entered into April g. 1900
for the extension of the concession a fur
ther term of six years This contract is
signed by the Colombian president and his
cabinet of ministers. The contract provid-
ed that the new Panama Canal Company
should pay to Colombia for this additional
extension the sum of 5000 900 francs in
French gold. This money was paid and re-
ceived by the executive authorities of Co.
lOmbia. and this will be another fact on
which the canal company will fall back in
case claim is made that the extension ex-
pires next year.