The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-07-09
. 80 -. Z.
COLOMBIAN PAYMENT
UNJUSTIFIED, He SAYS
Ex-Chief Justice Gudger of
Canal Zone Declares L. S.
Did Only It's Duty.
COLOMBIA ASKED TROOPS
Advised Washington "tO Main
tain Order on Isthmus and
Safety Of Traffic."
COLOMBIA ASKED TROOPS

Hexekiah A. Gudger. ex-Chief Justice
Of the Canal Zone supreme Court, whose
work In Panama for the last ten years
has been az important in tho admits
tration Of the law as that OF Col. Goethals
In the engineering field. will leave the
Hotel McAlpin to-day for his home In
Asheville. y. C.. to resume the practice
Of law. lie arrived In New York or
Monday. having retired from tho bench
on July under a law eliminating the
Supreme Court and establishing system
OF appeals to the United States District
Court at New Orleans.
Judge Gudger served 49, the American
Consul-General at Panama from 1897
until 1905 and was appointed to the
Canal Zone Supreme Cour; on February
90. 1905. lie was made chief Justice
on January 4. 1909.
When asked last evening By suN
reporter what he thinks OF the Admins
tration's treaty with Colombia providing
that the United states shall pay Colombia
$4,000, 600 as an indemnity for her loss
~ Panama Judge Gudser said that from,
his standpoint the proposition of paying
Colombia that amount or granting any
other concessions ought not to he enter
tanned.
"Our Government has done nothing tina,
said. I'VE simply did our duty In pro-
tecting the transit of the lsthmus, as
We had done and were Obliged 10 do
under a treaty with Colombia made In
1s4s. by this treaty Colombia obligated
herself to keep free and open transit OF
the Isthmus. and IN case OF failure or
a refusal to do so granted 10 the United
States the right to perform this duy.
1T Is true our soldiers landed In Colon,
but our soldiers had been landed a num-
Der OF times before with the consent OF
Colombia. In this case the landing on
November ., 1903 was made practically
at the request OF Colombia,
"On November .. 1903. the day before
the declaration Of independence, tho Sec
rotary OF Foreign Affairs at Bogota sent
10 Minister Heran at Washington "A cable
informing him that Congress had adj
journed without iegislating about ttc
canal and telling him 20 advise the Sec
rotary of state TO maintain order on the
Isthmus and safety OF traffic
Here Is plain declaration from Co
lombia on the day before the soldiers
landed"
The Judge said that " should not be
forgotten that the landing OF soldiers In
Cclon---the most serious OF the complaints
was done, first. upon the request of the
Colombian Government. and second. 10
~ oNNht SoioH bNhH6 ou anu H'i
inhabitants murdered by drunken Colon
bian soldiers. both of which outcornes OF
the disorder were threatened.
They base their claims on the fact
that while tho United States had agreed
to protect transit across the Isthmus II
had guaranteed also the sovereignty Of
Colombia TO the Isthmus." continued tn,
Judge. They knew when they made this
request that in the year 1885. when a
force of Panamanians was up in arms
against the Government, Mr.. Burton. tn,
American Minister to Colombia, called
upon the United States Government to
suppress the outbreak. II was submitted
to the Attorney General Of the United
States, and h, with the Secretary OF
State and the concurrence OF the Presi-
dent refused this request as follows
The purpose of the stipulation wa.
TO guarantee the Isthmus against seizure
OF Invasion by foreign Power
THE United States didn't intend To M
a party to any enlargement In colombo
itself It did propose that no foreign
country should invade and take any
part Of the Isthmus. The purpose oi
this step was 20 guarantee the Isthmu'
against seizure and invasion Of a foreign
Power only.
This decision has stood and been &C
copied for these nifty years past anc
until the year 1903 when " seems tina
tho Colombians again revived the old an
tiquated doctrine