The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-01
THE ISLE Ole PINES.

The Isle of Pines, which has been the
subject of more discussion during the last
few years than it's value warrants, is,
figuratively speaking, up in the air again.
IL is not exactly mo mans land" but its
ownership is again in dispute.
The island, as perhaps most persons
know, lies about forty miles off the south
coast of Cuba. 1t contains 1,214 square
miles, partly tillable, some mineral deposits
and good pasturage for cattle. The dis
pute regarding its ownership grows out of
the construction of a clause in the treaty
with Spain at the close of the late war.
The treaty provided that Spain relin-
pushes all claim of sovereignty over and
title to Cuba" and in the following sec
ton that Spain cedes to the United States
the island of Porto Rico and other islands
now under Spanish sovereignty in the West
Indies" Under these two provisions the
question arose whether the Isle of Pines
went with Cuba or whether title to it passed
TO the United States under the clause
''other islands now under Spanish sover-
eighty in the West Indies"
corporated in the Constitution of Cuba,
provided that "the Isle of Pines shall be
omitted from the proposed constitutional
boundaries of Cuba. the title thereto being
left TO future adjustment by treaty" To
provide for this adjustment the United
States and Cuba appointed commissioners
to negotiate a treaty, by which the United
States relinqushed in favor of Cuba "all
claim to the title to the. Island of Pines
which has been or may be made in virtue
of the treaty of peace between the United
States and Spain Provision was made
for protecting the property rights of Ameri-
cans who had settled the island, and it
was further provided that the treaty should
be ratified by both parties and the ratifca-
lions exchanged within seven months from
the date of its signing. The treaty was
dated July ?, 1903, and the seven months
expired on last Feb. 2.
The treaty having thus expired by time
limitation the Isle of Pines reverts to the
situation it was in when the Plat amend
ment provided that the question of it's own
| ership should be left to future adjustment
by treaty. 1t is still a question as to the
| construction of the peace treaty with Spain.
| If the Isle Of Pines was a part of Cuba its
status followed that of Cuba when the lat
ter became independent; otherwise it came
under the head of ''other islands now under
| Spanish sovereignty in the West Indies, -
| and was coded to the United States. If il
was thus coded it may be question
whether the United States has a right to
relinquish its title to the island or cede it
to Cuba by treaty. The Constitution does
not provide for disposing of territory once
acquired in that way.
! AS the whole question turns on the con-
struction and meaning of the treaty with
| Spain it might appropriately be referred To
arbitrators. OF the five American commits
sioners who negotiated the treaty all but
one or two are still living. Former Senator
Cushman X. Davis is dead, but Judges
Day and Gray, Senator Frye and Hon
] Whitelaw Reid are living, as are four OF
the five Spanish commissioners. Both the
United States and Cuba ought to be willing
| to leave the construction of the treaty to
a commission composed of these gentlemen
| The Isle of Pines is not valuable posses
sion. but the question of its ownership In
wolves a principle. and neither of the claim
ants should wish to hold 1t by a cloudeC