Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-10-15
.SPOONER ACT INVALID
So Alleged by Lawyer War
rem B. Wilson.
EXTENT OF CONTENTION
ENTIRE PROCEEDINGS OF PUR-
CHASE OF PANAMA CANAL.
Case to Come Up in District Supreme
Court-Special Assistant Attorney
General Russell to Appear.

A case involving the constutionality of the
Spooner act for the construction of the
Panama canal, and, in fact, the entire pro-
ceedings of the United States in the pur-
chase of the canal and the work upon its
construction, has been set for hearing in
the Supreme Court of the District of Colum-
bia on the 25th of this month. The case is
regarded as of some Importance, as it will
test the legality of the action of Congress
in providing for the canal, and especially
the action of the administration in accept
ing the Spooner act as the legal authority
under which everything was done.
The petition in the case was filed in the
Supreme Court of the District March 2S
1904 and has just been set for trial. 1t Is
brought against Leslie NJ. Shaw, Secretary
of the Treasury, and is for the purpose or
preventing him paying out any money 1or
the construction of the canal or of issuing
bonds for money to continue the construc-
ton.
The Petitioners Claim.
The petitioner is Warren B. Wilson, a
lawyer of the village of Hinsdale, Ill, ana
in his petition he says he is a taxpayer and
citizen of the United States, the owner or
property subject to taxation, and that ne
has proper cause for complaint
The petition begins by setting out that
d
dent Roosevelt, in pursuance of the terms
of the act, entered into negotiations with
the proper authorities of the Republic or
Colombia" for the acquisition of the canal
strip and the right to use the waters there
on; that the negotiations were not sue
cessful, the treaty being rejected by the
Republic of Colombia, and no treaty has
since been concluded with that republic, as
authorized by the Spooner act.
The fourth point sets out that shortly
a. tor refusal of the authorities OF the
Republic of Colombia to enter into treaty
with this country rebellion in that por-
ton of the republic in which the canal is
situated was organized and carried out, re-
sulting in the establishment of an inde-
pendent republic, the United States recog-
nizng this republic and entering into nego-
tiations with it. After reviewing the va
rious steps that were taken and the treaty
entered into with the Republic of Panama
the petition concludes with the assertion
that there has been no appropriation of law
for the expenditures that have already been
made for the canal nor for those now being
made, nor for the issuing of $l3O,000,000 in
bonds.
Spooner Act Alleged Unconstitutional.
1t is asserted that the Spooner act is un-
constitutional and invalid, both in Panama
and the United States; that even If it were
a valid and legal enactment, it's terms and
conditions have not been complied with and
do not purport to authorize the payments
that are now being made: that the pay
ments being made are unauthorized and
unwarranted. violating the provisions of
the Constitution, which state that no money
shall be drawn from the treasury except
upon appropria tions made by law.
The petition concludes by asking for an
injunction against the expenditure of any
more money in connection with the canal.
The government is to be represented in
the suit by the United States attorney of
the District and Charles W. Russell. the
assistant attorney general who conducted
the legal negotiations looking toward the
purchase of the canal property. Mr. Rus
sell is more familiar with the Panama case
than any man in the country.