Greene County herald. (Leakesville, Miss.) 1898-current, 1904-04-08
UNITED STATES
BEAT COLOMBIA
ON FACTS BEFORE THE PARIS
TRIBUNAL.
SHE HAS NO STANDING
Decides The Tribunal, and as Con-
sequence This Country Will Now
Proceed With the Settlement and
Make Payment About April, 30th.

Paris. The First Civil Tribunal
of the Seine has 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
receivable and condemns the plain
tiffs to pay the cost of the action. This
decision has the effect of removing
the legal obstacles in TIE way of the
transfer of the canal concession 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 Colon
bian Congress, the treaties, ETC., par
ticularly articles 20 and % of the
Treaty of March 90. 1897, whereby
the Company acquired its rights.
"These articles" the decision says,
''have the manifest purpose of assur-
ing the full exercise of sovereignty
over the canal. 1t results from what
is established before the Tribunal that
Colombia is not in possession Of the
territory traversed by the canal. Com
ing before French court in order to
sustain its rights over the canal, Col
ombia tacitly admits its inability it
self to control the canal. 1t, there
fore, follows naturally that it has lost
sovereignty over the territory travers-
ed by the canal. 1t also appears that
this sovereignty is maintained by tie
Republic of Panama, which is in ac-
tual possession of the authority and
power of administration and of pc
lice. Under such circumstances, it
only remains for the Panama Com
pany to accept the actual situation
of authority and the facts relative to
the territory embraced by the conces-
sion. Therefore, the action commenc-
ed by Colombia is not receivable. j"
The decision concludes with the
specific recital under the French code,
that none of the claims set up by Col
ombia are valid; that its request to
enjoin pending actions is rot warrant
ed that its plea for costs against the
Company is not justified and that
the entire costs of the procedure are
assessed against the plaintiff.
Ia ~ III l.. f-
right to hold shares does not affect
the United States. Therefore, it is
the view of the United States Embassy
and in other official quarters that this
decision 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 Pan
anna Canal Company. Ambassador
Porter received early word of the de-
cision and expressed himself as we'll
satisfied with the outlook for an early.
winding up of the transfer.
The Panama Canal Company
promptly took steps to call a meet
ing of the stockholders for final rat
itication of the sale to the United
States. This notice had been deferred
as it was feared the court would CON
slider it an interference, with its ju-
dicial prerogatives, during the Com
pany's Council 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 tc have a ratification by
a general meeting of the stockhold-
ers and this is expected April 25th.
The Company has already far more
than majority Of the stockholdings
necessary for ratification. These pro-
ceedings, therefore, are considered
mere formalities.
The Court announced that the
other case relative to Colombia s
right to hold $4,000 shares of stock
will be heard April 13. Although no
formal notice of appeal was given, it
was stated at the close of the Court
that Colombia and Bonaparte Wyse,
the original concessionaire, would
appeal.
1t is said that an appeal will not
cause delay since to-day's decision
is held to confirm the Company's full
right to transfer to the United States