FINAL REPORT OF THE JOINT COMMISSION APPOINTED BY THE PRESIDENT OF THE UNITED STATES OF AMERICA AND THE PRESIDENT OF THE REPUBLIC OF PANAMA under the provisions of Articles VI and XV of the THE PANAMA CANAL PRESS SIRS: The Joint Commission established under the treaty between the United States of America and the Republic of Panama, ratified February 26, 1904, having completed the cases pending before it, has the honor to submit the following report: The provisions of the treaty under which the Commission was organized read as follows: Article VI. The grants herein contained shall in no manner invalidate the titles or rights of private land holders or owners of private property in the said zone or in or to any of the lands or waters granted to the United States by the provisions of any Article of this treaty, nor shall they interfere with the rights of way over the public roads passing through the said zone or over any of the said lands or waters unless said rights of way or private rights shall conflict with rights herein granted to the United States in which case the rights of the United States shall be superior. All damages caused to the owners of private lands or private property of any kind by reason of the grants contained in this treaty or by reason of the operations of the United States, its agents or employees or by reason of the construction, maintenance, operation, sanitation and protection of the said Canal or of the works of sanitation and protection herein provided for, shall be appraised and settled by a joint commission appointed by the Governments of the United States and the Republic of Panama, whose decisions as to such damages shall be final and whose awards as to such damages shall be paid solely by the United States. No part of the work on said Canal cr the Panama Railroad or on any auxiliary works relating thereto and authorized by the terms of this treaty shall be prevented, delayed, or impeded by or pending such proceedings to ascertain such damages. The appraisal of said private lands and private property and the assessment of damages to them shall be based upon their value before the date of this convention." ,"Article XV. The joint commission referred to in Article VI shall be established as follows: The President of the United States shall nominate two persons and the President of the Republic of Panama shall nominate two persons and they shall proceed to a decision; but in case of disagreement of the Commission (by reason of their being equally divided in conclusion) an umpire shall be appointed by the two Governments who shall render the decision. In the event of the death, absence, or incapacity of a Commissioner or Umpire, or of his omitting, declining or ceasing to act, his place shall be filled by the appointment of another person in the manner above indicated. All decisions by a majority of the Commission or by the Umpire shall be final." Since 1912 the scope of the work of the Commission has been largely determined by an Act of Congress of the United States, approved August 24, 1912, known as the Panama Canal Act, which so far as it relates to matters under consideration provides as follows: "The President is authorized to declare by Executive Order that all land and land under water within the limits of the Canal Zone is necessary for the construction, maintenance, .operation, sanitation, or protection of the Panama Canal, and to extinguish, by agreement when advisable, all claims and titles of adverse claimants and occupants. Upon failure to secure by agreement title to any such parcel of land or land under water the adverse claim or occupancy shall be disposed of and title thereto secured in the United States and compensation therefor fixed and paid in the manner provided in the aforesaid treaty with the Republic of Panama, or such modification of such treaty as may hereafter be made." In accordance with the authority contained in the above-quoted provision the President of the United States issued an Executive Order under date of December 5, 1912, declaring "That all land and land under water within the limits of the Canal Zone are necessary for the construction, maintenance, operation, protection and sanitation of the Panama Canal." The same order 3 directed the Chairman of the Isthmian Canal Commission "to take possession on behalf of the United States, of all such land and land under water." The Congress of the United States has also passed two other Acts which the American members of the Commission have considered affected the work of the Commission. Section 2 of the Sundry Civil Appropriation Act, approved March 13, 1915, reads as follows: Sec. 2. No part of the money appropriated by this Act shall be used for payment of salaries or expenses of the Joint Land Commission, established under article fifteen of the treaty between the United States and the Republic of Panama, in adjudicating or settling any claim originating under any lease or contract for occupancy, made by the Panama Railroad Company in the Canal Zone, or for the payment of any awards made by said commission -on account of any such claims." Section 2 of the Sundry Civil Appropriation Act, approved July 1, 1916. reads as follows: "Sec. 2. That the Joint Land Commission established under article fifteen of the treaty between the United States and the Republic of Panama, proclaimed February twenty-sixth, nineteen hundred and four, shall not have jurisdiction to adjudicate or settle any claim originating under any lease or contract for Occupancy heretofore or hereafter made by the Panama Railroad Company of land or property owned by said Panama Railroad Company in the Canal Zone, and no part of the moneys appropriated by this or any other Act shall be used to pay such claims." So many different commissions have been organized under the treaty that it seems desirable for the benefit. of both Governments to incorporate in this report a brief historical statement giving the names of the various commissioners and the work accomplished by them. On January 31, 1905, a Commission consisting of Dr. Carlos A. Cooke, and the Hon. Federico Boyd of Panama, and Messrs. Thomas T. Gaff and C. A. L. Reed of the United States were appointed to fix the value of four pieces of property taken over by the United States. By an award dated February 21, 1905, Domingo Diaz was allowed $41,790 for the property of Santa Rosa and Juan Vasquez. A valuation was also placed on the three other pieces of property without any hearing having been given, and later payment appears to have been made to Mrs. M. A. E. Delhonde, for her property of El Hatillo de Echeves, in the amount fixed in the award, viz: $3,050. |