The Birmingham age-herald., 1904-04-01
COLOMBIA LOSES
 THE CANAL CASE Nothing Now flinders Transfer
 of the Property
VICTORY FOR PANAMA co.
Basis of Decision Is That Colombia Shows Loss of Sovereignty By the Very Appeal to the
 French Court.

Paris, March s1, 1:45 p. m.-The first
 civil tribunal of the Seine today decided
 the case of the Republic of Colombia
 against the Panama Canal company in
 favor of the defendants The decision
 holds that the complaint of Colombia is
 not reviewable, and condemns the plain
 tiffs to pay the cost of the action This
 decision has the effect of removing the
 legal obstacles in the way of the transfer
 of the canal concessions of the company
 to the United States
 The decision Is a lengthy document,
 fully reviewing all the early circum-
 stances of the concession, and setting
 forth the various acts of the Colombian
 congress, the treaties. etc.. particularly
 articles 20 and 22 of the treaty of March
 20, 1884, whereby the company acquired
 Its rights.
 'rhese articles the decision says,
 have the manifest purpose of assuring the full exercise of sovereignty over the canal. It results from what Is establish ed before this tribunal that Colombia is not in possession of the territory traversed by the canal. Coming before French court in order to sustain It's right over the canal, Colombia tacitly admits it's in- ability to control the canal. It follows, therefore, naturally, that it has lost SOW erignty of the territory traversed by the canal It also appears that this SOW erignty is maintained by the re- public of Panama, which is in actual pos sesson of the authority and power of the administration and police. Under such circumstances it only remains for the Panama company to Accept the actual situation of authority and the fact rel ative to the territory embraced by the concession. Therefore, the action com menced by Colombia Is not receivable"
 No Valid Claims.
 The decision concludes with the spe- cifc recital under the French code that none of the claims set up by Colombia are valid; that its request to enjoin pend- ing actions Is not warranted; that its plea for costs against tht company Is not justified and that the entire costs or the procedure are assessed against plaintlH.
 The other suit relative to Colombia's rights to hold shares does not affect the United States Therefore 1t is the view at the United States embassy and In other
 
 clears away the last obstacle in the way of the transfer of the canal to the United States.
 The decision gave great satisfaction to the American officials and the Panama Canal company. Ambassador Porter re- ceived early word of the dictation and ex- pressed himself as well satisfied with the | outlook for an early winding up of the transfer.
 The Panama Canal company prompetly took steps to call meeting of the stock holders for final ratification of the sale to the United States. This notice has been deferred as it was feared the court would consider 1t an interference with it's judicial prerogatives during the pendency of the suit. Heretofore the company's counsel of administration has conducted all the negotiations with the United States but for the purpose of removing the last vestige of doubt, It Is proposed to have a ratification by a general meeting of the stockholders and this expected April %. The company has already far more than a majority of the stock pledged to rati- | fcation. he subsequent proceedings | therefore are considered mere formalities. The delivery of the decision passed off | without incident Very few persons were present counsels for the various parties being represented by their secretaries. The court announced that the other case relative to Colombia's right to hold B00O0 shares of stock will be heard April | 13 Although no formal notice of appeal was given, 1t was stated at the close of | the court that Colombia and Bonaparte Wyse Che original concessionaire) would appeal.
 | It Is said an appeal will not cause de- | lay since today's decision is held to confirm the companys full right to trans | fer to the United States.
 Official Statement Made. | New York, March 31.-Wuliam Nelson | Cromwell, counsel for the new Panama Canal company, who is now in Paris, to- day made, through his f1rm Sullivan x | Cromwell. the following statement: "The cicil tribunal of the Seine, five | Judges sitting, today pronounced decision | in the suit brought by the republic of l Colombia and Napoleon Bonaparte Wyse, to enjoin the transfer of the canal com pany's property to the United States In accordance with the contract. The court | by unanimous decision dismissed both suits and denied the injunction. It also refused to admit MT. Snapper to the board | of directors of the company as repre- | sentative of the company, and refused 1 damages against the company son the | ground that the company's action had | been proper
 Has Lost Sovereignty. "The decision expressly holds that Co., | lombia has lost sovereignty over the 1 isthrnus and the republic of Panama has acquired sovereignty and has recognized and assumed the concession of the canal company, both by its special instrument addressed to me on November 27 last. which the decision quotes In full, and by | the assumption and adoption of this in- strument the constitutional convention. | "As to the suit by Wyse, the court holds that as bondholder he has already been represented by the mandataire and is bound by the previous decrees. As the original eoncessionaire, he has no stand ing, and his suit is wholly dismissed. "The decision is most complete, une- uuivocal and absolute determination in | favor of the company without any doubt or reservation. as 1t is complete justifi- cation of the action of the company and | of my previous predictions"
 North Carolina Republicans Meet. | C rba iol,t I,