New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-04-01
COLOMBIA LOSES SUIT.
NO RIGHTS IN PANAMA.
French Court RemOUes Last ObSta-
Gle TO Transfer of Canal.

Paris. March 3l-The First Civil Tribunal OF
the Seine to-day decided the case OF the Re-
public of Colombia against the Panama Canal
Company IN favor OF the defendants. The de-
cision holds that the complaint OF Colombia is
not receivable, and condemns the plaintiffs TO
pay the costs Of the action. This decision re-
moves the legal obstacles in the way OF the
transfer OF the canal concession from the com
pany TO the United States
The decision is a long document fully review
ing all the early circumstances OF the conces-
sion, and setting forth the various acts Of the
Colombian Congress. the treaties etc. particu-
larry Articles Xxx, XXI and XXI OF the treaty
OF March 70, 1878. by which the company
CURED 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 established before this tribunal that
Colombia is not IN possession Of the territory
traversed by the canal By coming before
French court in order 20 sustain its rights over
the cana. Colombia tacitIy admits its inability
10 control the canal itself It therefore follows
naturally that It has lost sovereignty over the
territory traversed by the canal II also ap
pears that this sovereignty is maintained by the
new Republic OF Panama, which is in actual
possession OF the authority and power Of ad-
ministration and OF police Under such circun-
stances, it only remains for the Panama COM
pany 10 accept the actual situation OF authority
and the facts relative to the territory embraced
by the concession Therefore. the action COM
menced BY Colombia is not receivable"
The decision closes with abe specific recital
under the French code that none OF the claims
set Up by Colombia are valid: that its request
to en5oin pending actions is not warranted: that
its plea for costs against the company is not
justified, and that the entire costs of the pro-
cedure are assessed against the plaintiff.
In the suit OF Napoleon Bonaparte wyse. the
court decided that the plaintiS had no case
either as the original concessionaire or as a
stockhOIder. and condemned him to pay the
costs Of the suit.
The delivery OF the decision passed OF quietly
and without incident Few persons were pres
ent, counsel for the various parties being rep
resented by their secretaries. The court an
nounceC that the other case, relative TO Colom-
bias right to hold fifty thousand shares OF
stock viii be heard April 13.
Although no formal notice OF appeal was
given, Il was said at the adjournment Of the
court that Colombia and II Wyse would appeal.
Il Is said That an appeal viii not cause delay,
Gs to-Cay'S decision is held TO confirm the COM
psny's fun right to transfer its property to the
United States.
The other suit. relative TO Colombia's right
70 hold shares does not affect the United States
Therefore. Il is held at the United States EN-
bassy and IN other official quarters that
days decision clears away the last obstacle IN
the way OF the transfer Of the canal TO the
United States. The decision gave great salts
faction TO the American officials and the Pana-
Canal Company Ambassador Porter
pressed himself as well satisfied with the out
look FOR early winding UP OF the transfer.
The Panama Canal Company promptly took
steps TO call meeting OF the stockholders for
hnal ratification OF the sale 10 the United States
This notice had been deferred, as IL was feared
that the court would consider IL Interference
with its judicial prerogative5 while the suit was
pending. Heretofore the company's council OF
administration has conducted all the negOta-
tons with the United States, but for the pur-
-T OWNS FHz ID Of IA
proposed to have ratification by general
meeting Of the stockholders Notices OF the
meeting viii be sent out Immediately. The law
requires twenty-five days notice before meet
ing. ratification IS expected 20 take place on
April -. The company has taken precautions
20 see that majority for ratification IS assured
and il already has far more than majority Of
the stock pledged ratifcs ton The further
proceedings. therefore, are considered mere for
rnaIstteg.