New-York tribune., 1904-08-26

IN these dispatches, has in the case OF the New
York and Bermudez company sought the AUTHORITY
OF the high Federal Court and Court of Cessation
Tor its course not, however without first IA king
the )udicious IL not judicial precauton practically
10 abolish the former High Federal Court which
mad twice affirmed the validity OF the AsphaIt
conpanys title. thereby repudiatins previous ef-
1orts OF President Castro in attempting TO forfeit
that title.
Oesplte The s'-,ost obvious purpose OF the Prssi-
cent OF Nenezsela n Feorganizug the High Federal
court and ths Court OF Cessation. II would clearly
oe deiicate proceeding for this government 10
intimate 10 Venezuela its suspicious IN the matter
The Iayman can, however. Judge for himself
Twice the Castro administration attempted 10 in
VaEdate the title Of the asphalt company and twice
me dlgh Federal Court pronounced II legal and
pronounced unwarrauted the decree OF the presi-
dent Before undertaking a similar proceeding
this year President Castro merged the courts above
named into one, bearing the combined title but in
making this change he reduced the personnel OF
the Two courts, esgregating twenty-five members
TO seven. and excluded from the membership OF the
new court all the members Of the High Federal
Court who had voted the asphalt conpany's title
valid He included the new bench Dr. J. de ]
Paul who was counsel for one OF the conpantes
which had previously sought to luvaIidate the
New-York company's title, and Dr. Carlos Ieo7
former counsel FOR the New-York company. with
which company a quarrel and suit over Icons
K
Ing with that corporation, although he lost his
suit The last decision affirming the validity OF the
New-Hork and Bermudez Asphalt Conpanys title
was rendered by the High Federal Court on jan
uary IS 1901.
The course OF the Castro administration. after
the establishment OF the new court, might also
afford the layrnan SANG ground on which 70 bass
a suspicion Of CaStros sincerity. Early in June
the Minister Of Interior Relations threatened TO
sue the company on the allegation that it had
failed TO carry out the terms Of its concession and
on the further ground that II aided the atos revo-
luton Accompanying this threat however was
proposition 70 adjust the matter with the asphalt
company, If it would pay the government 80 10000
ooiVars Approximately sl0.0oooOOl II the com
pany would pay the government 10000 600 boltvars
and surrender its property 10 the Venezuelan gov-
ernment Both OF these propositions were PROMPTLY
rejected by the asOhalt company but still the
Castro administration hesitated to appeal 10 the
court. II easier method OF settlement could ba
arrived at and tbs companys agent advised
that the government would stay its proceedings
until July IS. in order 10 give the company opoor-
tuuity TO adjust the matter
The company's prompt decIination Of this oppor-
tunity for adjustment" was followed by So
called legal proceeding. without however legal
notice to the company or any opportunity 70 be
heard being afforded II. "A receiver was an
pointed In the person Of Howard Garner, former
manager OF the New-York and Berrludez Com
pany's property who had subsequently cast his lot
Win one OF Lne parties winch sought l1yaldars
the company's title. and Mr.. Garner was placed in
possession OF the company's assets books papers
etc. by force, and with the assistance OF Venez-
uelan gunboat as. has been already related The
particulars OF Mr. Gamers seizure OF the prop
srty have been already ns de public. At the pres-
ant time he is actively engaged in mining the
asphalt on the New-York and Bermudez Conpanv's
lake, entirely regardless OF the fact that the COM
pany holds the exclusive right to mine the asphalt
from that deposit for period OF twenty-five years
and Snifa
company has acquired by purchase full title To the
ake and considerable property adjoining it.
W aen t5e IacLS became known to the Depart
Bowen the Minister was Instructed to protest to
can citizens. His protest proving of no avail ne
was instructed to urge upon President Castro the
Ing a decision OF the court. Or as an aIternative
& ne execution OF an indemnity bond whereby the
against loss IN the event of reafirmaton OF the
suit Thus far Mr. Bowsns representtionss IN Ito 6s8s
proved OF no avail Castro having scornfully in
IF the courts, Minister Bowen has. however.
sldeI ston and patience In his dealings with the
bounced that decision would be rendered on |
o September Is without action on mis- case. TWO
lilllcGtaeS now bfesent themselves 10 the State
rtv availing itself Of the comps4v s ~ ne-~it -
,laLt 10 mine and refine the @I11EsI, 475 ~ tbs
streams canalized or dredgeI by the company. in /
Lccordance with the terms % its cone ession. has
10 occasion 70 promote speedy decision by the |
ourt II IS ENJOYING considerable revenue from /
ne asPnalt mined ana appears TO be all TOO we'll |
atisfed with existing conditions
Moreover IN view OF the peculiar order OF the |
curt appointing receiver for the company IN |
dvance OF its decision. and in view OF the Compost
ion OF the court, there is bic ground on
WHICH 10 base the slightest expectation OF an /
quitahe decision " hen one shall be rendered. How
yer. THIS country mas always taken the position
hat its courts were. In SO far as could be, in
alhble, and that no dipomstic representations
q arrfa Of
United States court could be entertained. The
recedents established in pursuing this policy render
peculiarly difficult to deal with the situation in
enezuela, despite the farCical character Of the
o-called judiciary of that country.
a considerable portion of Secretary HAYS time |
Lake Sunapse IS being devoted to the considera-
lon OF this trouSlssoIns case. which although not