The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-05-16
PLATT AMENDMENT T4NGLES.

| Hhtl1 AMENDMENT TiNGLES.
WASHINGTON. May l5-The trainers Of
the piatt Amendment had no other purpose
in drafting that famous instrument than
that OF careful protection Of both Cuban
ana American interests. Yet in its opera
ton some Of the clauses Of the measure
exercise an unfortunate influence, and
create conditions not foreseen at the time
OF lts formulation.
! This is notably the case in regard to the
enect OF Article w.. which declares that
all OF the acts Of the United States in Cuba
curing Its military occupation thereof arc
ratned and validated. and all lawful rights
acquired Hereunder shall DO maintained
| and protected
The force Of this provision rests on an
assumption that all OF the acts Of the official
representatives OF the United States In
cuba were wise in their nature and lawful
In their construction. From time to time
questions arise out Of those acts which
operate to Cuba's serious disadvantage.
and in the consideration and determination
! OF which Cuba hands are tied by the Nurth
article Of the Amendment
Prominent among these may be cited the
infamous system Of the game Of Jai Alai,
which the present President OF the Cuban
Senate denounced as a social cancer, and
which Is generally recognized as an ohense
| and danger to the community. Efforts to
establish the institution in this country
have failed because American authorities
would not tolerate it, Yet Gen. Wood per-
mitted lis establishment in Cuba, in viola
ton OF the Foraker law, and Cuba's efforts
to nd herself Of the evil have been defeated
by the Claim that a property right had been
acquired under an American act, and that
the right was secured by the Plat Amend
ment.
A considerable list Of similar instances,
important and trivial, might be presented.
Two have made their appearance within
the last few days. One led to s comp,unica-
ton from Washington to Cuba in reference
to the sewering and paving Of the city OF
Havana This was not sent because the
State Department felt that an up to date
sewer system was imperative for the pres
ervation Of the health Of the Cubans directly.
and indirectly for the protection OF our
Gulf cities against the ravages Of yellow
fever. With the sole exception Of one doubt
full case, there has been no fever in Cuba
for four years, and any recurrence OF the
disease as an epidemic there IL exceedingly
improbable.
The call upon Cuba To proceed With the
work Of sanitation. which might have been
but was not inangurated by Gen. Wood,
is undoubtedly us.igated by a group Of
operators who hold a contract awarded
them by Gen. Wool 1t Ia assumed that
this contract constitutes a lawful right
acquired under an American act. and is
. al ~f~-4 ~ . ~ 0tNp hut 10
| provisions OF the Plat Amendment. 1t
may have been lawfully acquired. but those
who were in contact with the proceedings Of
the year 1901 will readily recall the scandals
which were current in connection with the
sewering and paving contract. Those who
are familiar with the Spanish Law OF con-
tracts win wonder how municipa! contract
involving Slo,5o0 900 was lawfully sdver-
tised and awarded before provision was
made for its payment.
The frs, act OF the Government Of Inter-
vention in Cuba established the laws pre-
vsiling prior to the REIMBURSEMENT Of Span
ish sovereignty, subject to such modifica-
tons and changes as might be found neoes-
sary In the interest Of good government.
Were there no Plat Amendment, Cuba
would long since ha We nd herself Of the per-
nicious Jai .Alai which ruins Cubans and
blots the city with an institution which
New York has rejected. although il may be
highly entertaining to American visitors. A
recent private letter from pavana says
that il the game and its attendant gambling
are not run on straighter lines the pubic
may rise up and tear it to pieces But the
owners would be protected by the Plat
Amendment. as the holders OF lawful right
acquired under the act Of Gen. Wood. We're
there no Plat Amendment, there would
certainly be a careful review, by Cuban au-
thority. OF the steps and processes which
led up to the award Of the sewering and
paving contract held by those who seek to
carry il out under the wings Of that instru-
nlenf.
The latest case to appear comes in the
form Of complaint by an American COM
pany which established an express business
in the island and between the United States
and Cuba. The company was organized by
the Hon. Edward c. OBrien, recently ap-
pointed as Minister to Uruguay. Political
influence enabled this distinguished gentle
man to obtain certain conveniences. One
OF these was the right to expedite business
bv Withdrawing goods in bond from the
Cuban custom house.. Theocete ally, this
gave the oompaf - d lawful right acquired
under an American act. A recent ruling
Of the insular Collector OF Customs revokes
the privilege, and the company PUSHES TO
the shelter Of the all protecting Plat Amend
ment
No attack is here intended on that instru-
men. Whether It was right. as claimed by
many. or wrong, as declared by Others, 1t
stands as a fact, q Law in two nations. But
the point Is raised whether in all justice
there should not be some review Of the
acts Of the United States in Cuba during its
military occupation thereof for the de-
termination, in general. Of the proper scope
of the instrument In the operation Of a
Law for the conservation OF individual
rights there should be no place for the
preparation Of national wrongs. Nor ia
the Plat Amendment properly used when
1, interferes with Cubas exercise Of power
TO control and regulate the routine proc