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| Tomas Herran. |
Cortland Evening Standard, Tuesday, August 18, 1903.
UNANIMOUS AGAINST IT.
Colombian Senate Rejects Hay-Herran Treaty.
MANY AMENDMENTS PROPOSED.
Statement by New York Counsel of Panama Canal Company—Much Dissatisfaction in the Panama Department—Fears of a Secession Movement on the Isthmus.
Washington, Aug. 18.—Dr. Harran, the Colombian charge d'affaires, has received an official cablegram from the Colombian secretary of state, dated August 13, containing the brief announcement of the senate's rejection of the treaty on the day previous.
When word was received that the Panama canal treaty had been rejected by the Colombian senate, William Nelson Cromwell of Sullivan and Cromwell, New York, made the following brief statement, as counsel for the Panama Canal company:
"A committee of the Colombian senate on the 5th inst. recommended the treaty with a number of amendments. Our cable advices state that various parliamentary motions have been made, more or less involving these amendments, and a recent one indicates that the treaty is not acceptable without amendment but this is not regarded as final."
The reason given for the rejection of the treaty by the Colombian senate, it is said here, was the alleged encroachment on Colombian sovereignty, which its opponents contended, would result from the treaty. This information was contained in a dispatch received by Dr. Herran, the Colombian charge, from Foreign Minister Ricos at Bogota. This dispatch showed the treaty had been rejected unanimously by the senate.
PANAMA DISSATISFIED.
Rumors of a Secession Movement by People on the Isthmus.
Panama,, Aug. 18.—'The unanimous rejection of the Panama canal treaty by the senate is the talk in all circles. The question on all lips is what will become of Panama. The only consolation the Isthmians have is that the rest of the republic, with the exchange at a very high figure and with an upward tendency, will suffer a great deal more.
It seems that the government never expected the treaty to be ratified, and it was not supported at all in the senate.
General Lucio Velazoo, an old veteran and a distinguished army officer, has been appointed military commander of the department of Panama. It is thought fears, caused by the rumors of a secession movement on the isthmus, may have influenced the appointment.
Preparing For a New Treaty.
Bogota, Columbia, Aug. 18.—It is reported that President Marroquin has been authorized by congress to make a new treaty which will not require further ratification, but that the bases given for the treaty will probably prove unacceptable to the United States.
It is considered, however, that the authorization will furnish a basis for reopening negotiations with the United States.
It appears that one of the objections to the ratification of the treaty was that the Panama Canal company did not come to a previous arrangement with the Colombian government for the transfer of the concession.
The action taken by the senate moreover seems to have been influenced by the communication made by the American minister in which the introduction of any amendments to the treaty was objected to.
PAGE FOUR—EDITORIAL.
Sober Incident.
The sober second thought at Danville, Ill., is evidently getting in its work. The indictment of eighteen persons implicated in the late shameful lynching disturbances there is a most hopeful sign. Public sentiment is rallying to the support of the officers of the law who were faithful and firm in the discharge of their duty and refused to temporize with the mob. The fact is beginning to dawn on thinking persons, even in localities where there is more or less sympathy with lynching when the victim is a colored man, that mob rule means the destruction of all law, order and public safety.
A COMMUNICATION.
T. H. Dowd in Regard to Long Distance Telephones.
A REPLY TO THE MAYOR'S VETO.
The Long Distance Company Not Asking for a Franchise, but for a Welcome—Would Thereby Avoid Litigation—No Intention of Engaging in Local Business—Would Make Long Distance Work Easier and Less Expensive.
To the Editor of The Standard:
Sir—The American Telephone and Telegraph company, commonly known as the "Long Distance Telephone company" requested the common council of this city at their meeting held on the 4th of this month, to adopt a resolution providing for connecting Cortland with its "telephone and telegraph system."
The matter was fully discussed at the meeting, and at the request of the council, City Attorney Hatch, who had been previously advised that such a request would be made, addressed the board with an exhaustive statement with reference to the law involved. In his remarks, the city attorney set forth what seemed to him to be certain objections to the resolution requested. His objection was centered upon the lack of necessity for adopting a resolution of this nature, but he made no suggestion as to any additional restrictions that might be incorporated in the resolution.
The council, after a full discussion, in which the representative of the Home Telephone company actively participated, adopted the resolution by a unanimous vote. Three days afterwards the mayor vetoed the resolution accompanying the same with a statement of his reasons for so doing.
The Long Distance company regrets its application has met with opposition from the mayor and the city attorney. It presented its request to the municipal government of our city, believing that a relationship could be established between it and the city which would result in their mutual welfare. It desires the good will and friendship of the people of Cortland. Without such a feeling existing, it could be so obstructed and harassed that any effort upon its part to enter the city with or without the resolution, would be entirely impracticable; and it believes, if the people of Cortland dispassionately and without prejudice will examine its proposition, that they will be impressed with the honesty of purpose which bas actuated the company's application.
In the first place, the company has not applied for a franchise and, as the mayor states in his veto, the city has not the power to grant it a franchise. The law places this authority exclusively in the state and, at the meeting of the common council this proposition was fully ventilated and understood by all present. The representative of the company stated that he did not ask for a franchise, and the mayor, in persistently referring in his veto to the resolution as a franchise, was unintentionally guilty of a misrepresentation.
Municipalities guard with a jealous care, their inherent rights, and the giving away of franchises is an exercise of power upon the part of officials which is always closely scrutinized. The unintentional misrepresentation of the mayor had therefore a tendency to prejudice the public mind against the resolution and hold it up to our citizens as endeavoring, by deceit and untrue statements, to obtain something which the city could not lawfully give.
The American Telephone and Telegraph company asked for the adoption of the resolution with a clear and defined purpose which can be easily explained. A perusal of the decision of Judge Spring in the Barbite case, cited in the mayor's veto, and which is the law of our state, will disclose the company's position. In his decision, Judge Spring used the following language:
"The right of telephone and telegraph corporations to use the public streets and highways for the construction and maintenance of its lines is given in unmistakable language, and the consent of the local body is not required. This franchise, therefore, comes directly from the legislature."
But it will be observed a little further on that the local municipality has certain powers which it may exert over the corporation when it attempts to use its franchise given by the state. The decision continues:
"When a corporation of this kind is to avail itself of the legislative grant, the manner of its exercise, the location of its poles, the stringing of its wires, etc., are within the control and regulation of the local legislative body. That is one of the police functions committed to the municipality."
As the mayor says, this decision is the law of our state. It declares that the city cannot give a franchise, but that it can control absolutely the company in its exercise of its franchise.
The resolution, therefore, is a regulation adopted by the city by which the Long Distance company is controlled in the construction of its line in our city.
It, therefore, by the written statute of the city, avoids any possible clash, legal or otherwise, that might occur in the future between the company and the municipal government of the city.
Other cities of our state, (Ithaca, for example) have adopted exactly the same resolution which has been passed by our common council, and it has been the experience of the American Telephone and Telegraph company that such action upon the part of the city has invariably resulted in the mutual advantage of both parties.
This company undoubtedly has the right to enter the city and build its lines without the aid of such a resolution. The Home Telephone company built its plant in Cortland without any action in relation thereto by the city government and encountered considerable opposition, which resulted in expensive litigation. That company, "was officered, organized and financed by citizens of this city," to use the language of the mayor. It was identified with local interests and yet it was vigorously opposed when it began the erection of its poles.
The Long Distance company without such local influence at its back would, if it attempted to invade our streets arbitrarily, be so obstructed as to make its entry here virtually impossible. The resolution is an invitation to the company by the city to enter Cortland and it would undoubtedly do away with this anticipated opposition. The mayor states three objections for vetoing the resolution.
First—That the resolution was adopted with unseemly and ill advised haste. Since its adoption, two weeks have elapsed, and the council has had this time for calm and mature deliberation. If nothing has developed during this period to change the opinions of the aldermen, this objection of the mayor is without force. The aldermen voted unanimously in favor of the resolution after being fully informed as to its terms and intent; and its adoption was not ill-advised or hasty.
The mayor declares, secondly, that this right should not have been given to a foreign corporation gratuitously, perpetually and irrevocably when the same right had already been refused a local company and others willing to pay a substantial consideration therefor. The common council declared that it is ready to give the Home Telephone company the same resolution as that adopted in favor of the American company. The supreme court of this state has decided that a city cannot receive compensation for enactments of this nature. This law was thoroughly explained to the council by City Attorney Hatch at its last meeting. If it now seems right to the common council to adopt this resolution is it logical to assert that they should not do so because several years ago they had erroneously refused to take similar action with reference to another company?
The mayor's third and last objection is that the resolution has not guarded the city against a monopoly. In other words, he declares by his last objection "keep out the stranger company, kill competition, and then we will prevent monopolies." He argues if the Long Distance company enters into competition with a local company, it will cause an increase in our telephone rates. This reasoning is so absurd that it hardly merits refutation. The only way to keep down rates is to encourage competition. As a matter of fact, the Long Distance company will only do a long distance business. It has no desire to injure any local interests. In not one of the 12,000 towns and cities throughout the United States reached by its lines, does it do a local telephone business, nor is there any intention of doing so here.
It would be a benefit to the best interests of the city to have this company's lines in Cortland. The attorney for one of our leading manufacturing industries said to Mayor Brown in my presence that direct connection with the Long Distance company's lines would save our manufacturing interests, at least, $1,000 annually, as it would obviate the paying of tolls over another company's lines in order to reach the Long Distance company's system at either Ithaca or Onondaga Valley. The connecting of Cortland with the Long Distance company's system would benefit the manufacturing and other business interests of our city. To exclude this company, would be an injury to all those interests.
It asks for nothing that is illegal. It seeks nothing by means of false pretenses. The resolution is frank and honest and should be treated fairly and squarely. It subjects the company to the absolute control of our board of public works in building its line, and expressly provides that no additional poles shall be placed upon our main street. He interests of our city are fully protected by the resolution, and there can be no doubt but that the board of aldermen will courageously affirm at tonight's meeting the decision taken by them two weeks ago.
Thos. H. Dowd, Cortland, Aug. 18, 1903.
[Mr. Dowd was the elected district attorney of Cortland County—CC ed.]
BOARD OF PUBLIC WORKS.
Plans to Improve Streets—Port Watson-st. to be Macadamized.
A postponed meeting of the [Cortland] board of public works was held in the office of the city clerk last evening. Those present were, Chairman S. S. Knox, C. W. Collins, C. F. Wickwire, and F. H. Cobh.
The minutes of the preceding meeting were read and approved.
A petition, signed by residents of the northwestern part of the city, requesting the board of public works to co-operate with them in clearing out the channels of Otter creek and Dry creek in order to prevent inundation, was presented to the board. The signers have circulated a subscription paper and have obtained $56 to aid in defraying the expense that would be incurred. The board thought $56 a small sum for them to subscribe [if] the conditions are as bad as are represented. They thought that if there was any great danger of inundation a property owner would be willing to pay more than $1 to have it averted. As the subscription paper has not as yet been thoroughly circulated, the matter was put over until the next meeting.
A number of the residents of Prospect-st. came before the board and presented a petition, signed by all but three of the property owners on the street, requesting that the street be put on grade. The street is on a sidehill, there being practically no gutter on the upper side of the road. They thought that if the roadway could be cut down a foot on the upper side and filled in correspondingly on the lower side, the street would be in a much more satisfactory condition. The matter was referred to the superintendent of public works and the city engineer.
The matter of paving Port Watson-st. was next brought up. It was practically decided to advertise for bids at the next regular meeting and issue the contract this year if the bid or bids meet the approval of the board.
The payroll for the first half of the month, and the bill for installing the sewers in Lincoln-ave. and Maple-ave., were audited and ordered paid.
On motion, the board adjourned.
BREVITIES.
—There will be a regular meeting of Grover Post, No. 98, this evening at 8 p. m.
—The ladies of the Presbyterian church will meet in the chapel for sewing tomorrow afternoon at 2:30 o'clock.
—The attendance at the East Side Congregational mission Sunday was forty-eight and the collection amounted to 73 cents.
—Where The Standard is sent by mail, the month and year to which subscription is paid always appear on the address label at head of first page of paper. Subscribers have only to look at this label to know just how their account stands.
—The Ithaca News of last Saturday published a fine portrait of Chief Justice of the Court of Appeals Alton B. Parker and under it these words "Governor Taft of the Philippines will probably be appointed to succeed Secretary Root in the war department." Ithaca is a little too near Judge Parker's old home in Cortland county to try to post his portrait off for Governor Taft's, and so the inference is that the misfit was an error and not intentional.
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