Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-03-06
CONTROLOF CANAL ZONE
FAILURE OF CONGRESS TO TAKE
ACTION.
Secretary Taft's Statement of the War
Departments Position-Gen.
Davis Notified

II has been discovered that although
probably intending to do so, the House of
Representatives did not act upon the joint
resolution extending until the termination
of the next Congress the terms of the pres
cnt law under which the canal zone is gov
erned The Mann bill. which failed in
conference between the Senate and House,
nccessitlted the enactment of a joint reso-
luton abandoning the scheme for perma-
nent form of government and simply con-
tnuing existing conditions on the isthmus
before another Congress until some other
legisla ton covering the matter is provided
SO this joint resolution likewise having
failed. Secretary Taft was confronted with
the grave question as to whether he could
contrnEe TO administer the affairs of the
canal zone and that question he today de-
cided in the affirmative. TIE position Of the
War Department in this matter Is set out
in the following statement:
Secretary Taft's Statement.
The government of the canal zone will
be continued to be administered pursuant
to the laws of tne United States in force
in that territory the executive orders here
tofore issued and the laws of the canal
zone enacted by the isthmian canal COM
mission during the period the commission
was sautI .orized by act of Congress APPROX
ed April ~ 1893, to exercise the powers OF
legislation.
'.,The judicial branch of the zone govern
ment will continue to exercise the powers
and jurisdiction conferred upon it by the
act of Congress approved June %. 1902;
the executive order dated May .. 1894. and
the laws of the canal zone heretofore en-
acted by the isthmian canal commisS on.
The government of the canal zone was
established, the powers of the several
branches defined and official duties dis
tributed by legitimate exercise of lawful
InlIy nv 1t
Is therefore a government de Jure and de
facto
Upon the failure of the Thirtieth Con-
gress at its first session to make legislative
provision for the administration of the af
fairs of civil government in California and
New Mexico. President Polk continued in
existence the civil government heretofore
installed by exercise of the military author
ity. With reference thereto the United
States Supreme Court says Gross vs.. Har
rison, 10 How. 1882:
THE government had its origin in the
lawful exercise of belllgerent right over
conquered territory. The Presi-
dent might have dissolved it by withdraw
ing the army and navy officers who admin
isteTed it, but he did not do so. Congress
could have put an end to it, but that was
not done. The right inference from both is
that it was meant to be continued until it
had been legislatvey changed. No pIS-
sumption of a contrary intention can be
made Whatever may have been the. causes
of delay, it must be presumed that the de-
lay was consistent with the true policy of
the government
Notification to Gen. Davis.
In order to put into effect the views ex-
pressed in the above statement Secretary
Taft cabled today to Gen. George w
Davis. L. S. A, retired governor of the
canal zone, as follows:
WASHINGTON, d. c.. March 6. 1905.
Davis, Panama:
The government of the canal zone will
continue to be administered pursuant to
the laws of the United States in force in
that territory, the executive orders here
tofore issued and the laws of the canal
zone enacted by the isthmian canal COM
mission during the period the commits
sion was authorized by act of Congress
approved April %. 1903, to exercise the
powers of legislation. %.
The government of the canal zone was
established, the powers of the several
branches defined and official duties dis
tributed by legitimate exercise of lawful
authority duly conferred by Congress. 1t
is, therefore, a government de jure and
de facto. (Signed) TAFT