The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-02
FRENCH CABLE
VENEZUELA'S ANNULMENT or
CONCESSION NOT FINAL.


York snd BeFmudez Company for
Completely IN the MatOs ReVOlu.
ton Received by State Department.
WARRINGTON, April Go vernment on
GERS here do not think the French Govern
ment will take action against Vene zuela
now on account OF the decision rendered
yesterday 10 Annul the oonoession Of the
French Cable Company. According to
Gdvices received here, the decision was
made by ono Of the Judges Of the High
Federal Court. The cable company has
recourse in an appeal to the entire court.
II the court annuls tho concession IL will
10 the end OF the litigation, and the Vene-
Euelan Government can then take over the
property. In that case the French Govern
rnent is expected to take action.
prominent Venezuelan here, an official
Of that Government ia confident that the
French Gable Company will reach an amio-
able settlement with the Vene zuelan Gov
eminent. A movement In that direction
ls on foot, and it ia quite possible that in
time the case will be withdrawn from the
courts. The plan, as announced some
time ago, il for the Attorney-General Of
Venezuela TO drop the prosecution II the
Gable company will agree to fulfil the
portions Of the contract, which It IL charged
have been thus far neglected, and lower
the rates It is said hero that the COM
pany is exceedingly anxious TO reach some
sort Of an agreement with President Castro.
Minister Bowen cabed the State De-
partment to-day that the concession had
been annulled, but that tho suit instituted
by the Government for damages against
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revolution had failed The decision an
nounced was made by but one Of the judges
and is final unless the company appeals
70 the entire court. n there is TO be an appeal
It must be taken in five days. This will
probably be done.
The Venezuelan Legation to-day trans
mitted 10 the State Department a copy
Of the decision Of the high court Of the
Federal District Of Venezuela denying the
motion TO dismiss the action against the
New York and Bermudez Asphalt Com
pany, as made by the company's attorneys,
from completely in the Matos revolution,
which Is called -Libertadora. The de-
cis.on was reached on March "a, but it's
translation has Just reached Washington,
The document was turned over to the legal
officers Of the State Department for perusal.
The decision reviews the evidence in the
case extensively and cites the reasons for
UNFOLDING the judgment Of the lower court.
The suit against the company on this
score Is for heavy damages for the cost Of
the revolution to the Venezuelan Govern
ment. il il alleged that after wonder
full campaign, led by President Castro
himself the revolutionists were put TO
flight and completely routed, but that the
asphalt concern continued 10 aid Matos,
'thus prolonging an iniquitous war under
any circumstances which increased the
suffering of the nation and delivered 1t
almost exhausted and defenceless TO
foreign oppression
The heavy cost OF the war to the Govern
nent is set forth. and the document points
out that Il would be demonstrated during
the proceedings that these damages, FOR
which the New York and Bermud Com
pany is responsible, because through its
directors in the United States and it's agents
IN Venezu la, the company did supply the
revolutionists with funds and gave II its
moral and material support from the be-
ginning 20 the end Of the strife.
Il Is alleged that the asphalt company
began 10 supply Gen. Matos with funds
during the month Of June, 1901. and that
during the follow wing month Francis V.
Greene, then president Of the National
Asphalt Company and one OF the directors
Of the New York and Bermudez Company,
went to meet Matos in Europe in order TO
contract for the purchase Of steamer
and other necessary elements OF war The
decision says that they first met in Paris,
hlr. Greene atteTWaId gong 10 DOndOn
and then TO Glasgow, where be arrived in
the early part Of August 10 examine several
steamships then on the market. Upon his
return TO Paris, IL IL alleged. he drew through
the Credit Lyonais, on the SeRboard
National Bank for $4,000 which was
ordered to DO paid by Mr.. Sewell, secretary
Of the trust, who directed his cashier 10
charge the amount under the name Of Gov
eminent re atoms
The decision points out that the Seaboard
National Bank was where the trust which
owned the New York and Bsmudez Com
Tany kept its funds, and that Mr.. Greene
was a director Of the bank. A few days
later a draft for $4,000 was drawn In the
same manner All this is being used in the
Venezuelan courts as evidence against the
company. The drawing Of These funds
from the New York bank IL linked with the
fact that the steamer Ban RICH, with
Matos aboard went TO the coast Of Vene-
Euela laden with munitions Of war few
months later.
The asphalt company made a plea for
dismissal under the provisions Of the Vene-
Euelan law which directs that all actions
during strife shall cease upon restora-
ton II public order. II n held in the decis-
ion that this restoration has never officially
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