Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-04-01
COLOMBIA LOSES.
Obstacles in Way Of Panama
Canal Removed.
First Civil Tribunal at Paris Decides
the Case.
Colombia Will Have to Pay Costs CT
Action.

Paris. March 3l.-The first civil tri
bunal of the Seine, today. decided the
case Of the Republic of Colombia
against the Panama Canal co. in favor
OF the defendants. The decision holds
that the complaint of Colombia is not
receivable and condemns the plaintiffs
to pay the cost CT the action. This de-
ciSiOn has the effect of removing the le-
gel obstacles in the way OF the trans
fer of the canal concession from the
| company to the United States.
The decision is a lengthy document
| fully reviewing all the early cirtsIm-
stances of the concession and setting
forth the various acts of the Colombian
Congress, the treaties, etc, particular
| " the articles whereby the company
acquired its rights.
These articles" the decision SAYS,
have the manif s. purpose as assur-
| ing the full exercise of sovereignty Ov-
,r the canal. It's results from what
| is described before this tribunal. that
Colombia is not in possession of the
| territory traversed by the canal. By
coming before n French court in order
to sustain its rights over the canal CO.
lombia tacitly admits its inability in
| itself to control the canal. 1t there
| fore follows naturally that 1t has lost
| sovereignty over the territory traverSed
| by the canal. 1t also appears that this
sovereignty is maintained by the new
republic of Panama which is in actual
possession of the authority and power
of administration and police. Under
| such circumstances it only remains for
| the Panama company to accept the ac-
| tual situation of authority and the
| facts relative to the territory embraced
| by the concession Therefore the ac-
ton commenced by Colombia is not re-
| ceivable."
| The decision concludes with the
snocilic recital under the French code
chat none of the claims set up by CO.
lomhia are valid that its request to en-
ioin pending action is not warranted.
thar its plea for costs against the COM
| tire costs Of this procedure are as
sessed against the plaintiff
| Washington, March 31.-President
Roosevelt and Attorney General Knox
| had a conference, today. subsequent
TO teh recent from The Associated
Press of the information that the gov
eminent of Colombia had lost its suit
in the French courts. At the conclu-
sion Of teh interview Attorney General
| Knox announced that here now was no
more reason for delay than might be
occasioned by the transfer of a title
to n 20-foot lot in Washington. The
attorney general said that the action OF
the French court has disposed of the
| 10 oh ri in, &c no
transfer of the canal company's prop
erty.
AS matter of courtesy to the French
court. the canal company had RETAINED
from calling a meeting of the stock
| holders until the case pending had been
| determined. The attorney general
| thought it likely that in 4 day or two
Il call for such meeting would be is
sued by the company and the transfer
would be ratified.
| Ivy. y. Day and Charles w. Russell. til
assistant attorneys general. who have
gone to Paris to assist in the transfer
of the property. will remain there until
the transfer is completed. They will OBJ
i tain complete inventory of the prop
erty of the company which is to pass to
| the United States.
! The dissolution Of the Panama Canal
Co, so far as the transfer Of the prop
| erty to this country is concerned prob
| ably will take place the latter part of
April.
| The payment of the $i0G0O.OG0 to the
| company will be made about that time
| 1T is not likely that the payment Of the
/ $1,000 coo to the republic Of Panama will
be made prior to the canal company 1t
F, is the view of the President and The at
torney general that the two payments
| should be practically concurrent. This i;
| their Interpretation of the legislation
| bearing upon the matter and of the treaty
ratified with the government of Panama
| The decision is lengthy document fully
reviewing all the early circumstances OF
the concession and setting forth the va
riOus acts of the Colombian congress- the
treaties. etc. particularly the articles
whereby the company acquired its rights.
These articles" the decision says,
have the manifest purpose of assuring
the full exercise Of sovereignty over the
canal 1t results from what is establish
cd before this tribunal. that Colombia is
not in possession OF the territory travers
"A l.,, tl,a