New-York tribune., 1905-08-10
THE ASPHALT DECISION.


Little public interest seems to be shown in the
verdict inst given by the Supreme Court Of
Venezuela in the so-called Asphalt Trust case
There has been no serious expectation in TINS
country that the full court would reverse the
decision announced some time ago by the chler
Justice which annulled n concession held by
tie Bermudez Asphalt Company an American
corporation in the asphalt lake district. In
that company's interest the United States has
made various diplomatic representations from
time TO time and its complaint that justice had
been denied it and would be further denied it
in the Venezuelan courts has been brought with
more or less frankness to President Castros at
tention President Castro has replied with I'M
doubted pertinence that, so long as the
still before the Supreme Court, he could not
properly consent TO make it subject of dlplo-
matte negotiation To do so, he argued, would
be TO dscredit in advance both the independence
and the integrity of the Venezuelan judiciary.
Now that a judgment has been handed down
General Castro will probably give his argument
q new turn and insist that he must respect the
opinion of the national courts; for to annul a
verdict regularly and consttutionally given be-
cause of pressure from without would involve
surrender of national dignity and national
sovereignty.
1t is by no means easy to meet such an argu-
ment Diplomatically we are bound to ask
square deal' for Americans whose property
interests may be imperilled by arbitrary action
on the part of the Venezuelan courts or of the
Venezuelan administration; but it is somewhat
difficult to avoid the reminder that if we recog-
nze Venezuela as an independent and sovereign
state must give due credit TO any acts done
in good faith within the limits of its SOW
eregnty We should hardly be inclined to ad-
nit that Venezuela had the right to question the
nd int of n
Supreme Court, even if those decisions effected
/ the property interests of Venezuelans engaged
in exploiting concessions in this country. We
, should treat with little patience a complaint
that our Supreme Court had arbitrarily and de
sgnedly denied justice to foreigners who had
put themselves within its jurisdiction.
So far as the logic of the situation goes,
Venezuela is perhaps entitled to say that its
courts have done their best to administer the
law the law stands, and that the verdict
against the Bermudez company given in
good faith and after due consideration. If the
contrary cannot be shown-and shown conclu-
sively-we shall not be justified in challenging
! the asphalt verdict. But we are clearly within
our rights in asking for fuller information, in
searching the record and in studying for our
selves the processes by which the court reached
| its conclusion. The administrations special
agent, Judge Calhoun, now on his way to Car
acas, can properly investigate the causes Of the
dispute and the manner in which it was hand
| led, and his report will doubtless establish
whether we have or have not a substantial
ground for intervening, automatically or other
wise TO redress an injury inflicted knowingly
and wilfully on American citizens. If the
Venezuelan government has acted arbitrarily
and in bad faith, it must be prepared to take
| the consequences; but until such bad faith is
/ indubitably shown we shall have TO give Presi-
| dent Castro's government the benefit of the
doubt and concede it the right to administer JUS
tice within its own Jurisdiction.