The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-01-13

Spleadinus In Tie Asphalt suit show
;That Wien yolttien esasss
An Pass sins tsatdensa

~ 49, 7tifl
Az Pass sins safdoned
Automatic "a
NEW. YORK, Jan.
tlo1s Just eeeiyed3 ~ tlBis count
fhe pieadings in TIE enezaela 2
courts, in the matter of suit Y
brought ~ that Cow against
tie New York and BermudeE As
| phalt) Company for s1iiOoo,ooo dam q 9
ages suffered BY reason Of the !, 'lals
| pany's alleged completely II tie lato y
revolution Of 1901. bring out many
unique features. n
Conspicuous among these is the
fact that, the laws Of Venezuela are
SO framed as to restore political of
TENDERS to full rights after disorders
have been put down. AS tile laws
stand, II you are caught while q rev
olution is going on, you must take the
consequences. Once the revolt 81
quelled, all past sins are forgiven.
The local Venezuela attorney for the
company at Caracas shows these
points very clearly. They are Of par
ticular interest in view Of the fact
that this suit is absolutely unique in
international proceedings. The Matos
revolution took place in 1901, yet in
1904 the government brings suit for
damages against a foreign corpora!
ton for completely in that movement.
The government does not claim that
the company's property was outlawed
or liable to seizure for the proceed.
ing, but damages are demanded for
the financial injuries suffered.
In the pleading of the Caracas at
torney, he states, quoting Venezuelan
laws:
"Tke law Of June 1885, establishes
in Article 16 that public order dis,
turbed by political offences, being re-
stored, all criminal proceedings shall
abate, ana all persons prosecuted on
whom judgment has been passed or
not, shall be free from punishment.
"The Code of 1897 resolved that in
;uch cases on revolutionary offences,
all proceedings shall abate, and pris-
oners be restored to liberty, public
order once re-established, according
to the terms Of the aforementioned
Constitution, a provision which can
be found in the same words, in the
Penal Code now in force in the Re-
public.
"The foregoing quotations. clearly
and plainly prove that it is social and
political interests which have led our
legislators to override, in what refers
to that kind of public offences, the
general rules Of common law in Grim
inal matters.
What the State wanted on annull.
ing in connection with this, the gen.
eral rules of common law, was to ap-
pease the minds, to give examples of
indulgence and magnanimity, to make
hatred be forgotten, to sweeten un-
grateful recollections, and to try to
make that peace, obtained by the enl
Of the struggle. to become peace of
mind, spiritual peace, in one word,
moral and social peace.
when the international trouble
was on in December, 1902, President
Clpriano Castro advised the country
by patriotic address, in part as fol-
lows
"'And since this, the Fatherland,
can only be great and powerful in an
atmosphere Of fraternity amongst the
natives, and circumstances necessi-
tate the efforts of every one of them,
both in the name of those my feelings
and Of its needs, lay the doors of
all the prisons Of the Republic open
to those who for political reasons are
arrested. also hereby open tie doors
Of the country to all venezuelans who
for the same aforementioned rea-
sons are abroad, and return all reyo-
lutlonists to the enjoyment Of their
property which has been sequestrated
by reasons Of public order
"such provision means nothing
less than pardon, resistance, an am.
nesty in fact, which the State grants
by law to all persons convicted Of q
political offence, yielding to circum.
stances Of public order and general
convenience"
During the year 1904 Siam exported