History for ready reference, Volume 6 : $b Recent history - 1894-5 to 1901 A-ZLarned, J. N. (Josephus Nelson)
History
History for ready reference, Volume 6 : $b Recent history - 1894-5 to 1901 A-Z
Larned, J. N. (Josephus Nelson)
History -- Dictionaries
"The situation at Panama is different. The Republic of
Colombia first granted a concession to the Panama Railroad
Company, giving it exclusive privileges on the Isthmus, which
will continue according to modifications afterwards made for
ninety-nine years from August 16, 1867. A later concession to
the Panama Canal Company required it to enter into some
amicable arrangement with the railroad company under which the
former might occupy the territory along or near its line. The
canal company acquired by purchase a majority of the railroad
stock, and the necessary arrangements were made. This stock is
now under the control of the New Panama Canal Company, which
gives it a directing influence in both organizations. The
canal concession is to continue according to its latest
extension for ninety-nine years from the day on which the
canal shall be wholly or partially opened to public service,
and the date fixed for this in the contract is October 31,
1910. Should it fail and the concession be forfeited the
company will still have exclusive control of the territory
through which its line extends till 1966 under the railroad
concession. The canal company is absolutely prohibited to cede
or mortgage its rights under any consideration whatever to any
nation or foreign government under penalty of forfeiture.
{68}
The contract with the railroad company contains a like
prohibition and declares further that the pain of forfeiture
will be incurred by the mere act of attempting to cede or
transfer its privilege to a foreign government and such an act
is declared absolutely null and of no value or effect. These
concessions, if acquired by the United States, would not give
to the Government the control and ownership evidently
contemplated by the law, that is, an absolute ownership in
perpetuity. The right under the contract with the railroad
company is designated as 'the use and possession' of the
property for ninety-nine years, and it is provided that 'at
the expiration of the term of the privilege' and by the sole
fact of the expiration, the Government of Colombia shall be
substituted in all the rights of the company and shall
immediately enter into the enjoyment of the line of
communication, its fixtures, dependencies and all its
products. The right of the canal company is substantially of
the same character. … An examination of the charter rights of
the New Panama Canal Company under the general incorporation
laws of France and the special legislation in its behalf
resulted in finding an enactment, included in a law passed
June 8, 1888, requiring that all the plant necessary for the
construction of the canal shall be manufactured in France and
that the material must be of French origin. This being the
situation, it was manifest that, even if the privileges of the
Public-domain text, read in full here on John Shaqi.
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