File No. 4108/4–8.
Minister Squiers to
the Secretary of State.
American Legation,
Panama, March 8,
1907.
No. 66.]
Sir: I have the honor to bring to the attention
of the department two communications from H. G. Bierd, general manager
of the Panama Railroad Company, dated December 20 and January 11,
respectively, with regard to the settlement of estates of deceased
employees of the railroad company who die outside of the Canal Zone. Mr.
Bierd desired that the estates of such persons be settled by the United
States consular officers in whose consular districts the deaths
occur.
I referred Mr. Bierd’s letters to Consul-General Shanklin here, and to
Acting Consul Hyatt at Colon, and beg to inclose copies of their
respective replies.
Act No. 24, section 1, of “Laws of the Canal Zone,” provides that—
Whenever a citizen of the United States, who is an employee in the
service of the Isthmian Canal Commission or the government of the
Canal Zone, or any branch thereof, shall die in the Canal Zone,
Isthmus of Panama, leaving an estate in said zone, or in the
Republic of Panama, no part of which is real estate, and the entire
assets belonging to said estate are personal property, and not
exceeding in value the sum of five hundred dollars, and regular
administration, in accordance with the provisions of law, shall not
have been instituted in a court of competent jurisdiction of the
Canal Zone, the collector of revenues for the Canal Zone, Isthmus of
Panama, is authorized and it is hereby made his duty to take
possession of the estate of such deceased person and to make a
complete inventory thereof, and to file the same with the auditor of
the Canal Zone, Isthmus of Panama.
but it does not seem to provide for the administration
of the estates of deceased persons in the service of the Panama Railroad
Company.
It appears to me that the simplest solution of the question would be to
extend the limits of two consular districts so that their jurisdiction
would include all the territory of the Republic of Panama outside of the
Canal Zone. Therefore I recommend that the two consular districts be
extended to include all of the Republic of Panama, giving consular
jurisdiction over the estates of deceased Americans who die outside the
limits of the Canal Zone.
I have, etc.,
[Inclosure 1.]
The general manager of the Panama Railroad Company to Minister Squiers.
Panama Railroad Company,
Office of General
Manager,
Colon, December 20,
1906.
Dear Sir: It has been the custom for the
Panama Railroad Company for a number of years to have the settlement
of the estates of deceased employees made by the American consul at
Colon. This method of procedure is now being objected to by the
present consul, as he claims settlement should be made by Col. Tom
M. Cooke, administrator of estates of the Isthmian Canal
Commission.
[Page 938]
We have never been informed that Mr. Cooke was to perform this
function of making settlement of the estates of deceased American
employees of the railroad company, and, if it can be done, I would
be greatly obliged if the American consul should be instructed to
make settlements of the estates of railroad employees as
heretofore.
My object in asking you to have this arrangement continued is that it
is very much more convenient for us, and I do not think that Mr.
Cooke has ever received instructions to take over the settlement of
deceased railroad employees’ estates.
Yours, truly,
W. G. Bierd,
General Manager.
[Inclosure 2.]
General manager of the Panama
Railroad Company to Minister Squiers.
Panama Railroad Company,
Office of General
Manager,
Colon, January 11,
1907.
Dear Sir: I beg to acknowledge receipt of
your communication of the 7th instant, No. 16, replying to mine of
the 20th ultimo, in regard to the administration of estates of
deceased Americans who may have been in the service of the Panama
Railroad Company.
I note that you have advised Mr. Hyatt, vice-consul at colon, that he
should take charge of the estates of all Americans who die within
the limits of his consular district. I am informed that Mr. Hyatt’s
district does not extend to any points in the Canal Zone. Under this
ruling we are denied the services of the consul or of anyone else in
making settlements of the estates of deceased employees of the
Panama Railroad Company who may die in the Canal Zone.
I do not know whether it will be inconsistent to ask you to have Mr.
Hyatt’s jurisdiction extended, as far as the settlement of estates
is concerned, to points within the Canal Zone. If this is done it
would make it possible for us to rely upon the consul at Colon for
the settlement of estates of all Americans deceased while in the
employ of the railroad company. If this is not done I do not know to
whom we can apply for the settlement of estates of railroad
employees who may die in the Canal Zone, inasmuch as the
administrator of estates in the commission service has jurisdiction
only in the settlement of estates of Isthmian Canal Commission
employees.
Very truly, yours,
W. G. Bierd,
General Manager.
[Inclosure 3.]
Vice-Consul Hyatt to Minister Squiers.
American Consulate,
Colon, January 22,
1907.
Sir: I beg to acknowledge receipt of your
favor of January 14, inclosing copy of a letter received from Mr. W.
G. Bierd, general manager Panama Railroad Company, with regard to
settlement of estates of deceased persons in the employ of the
Panama Railroad Company.
As you are aware, consul at Colon is only appointed for the Province
of Colon, Republic of Panama. Consular Regulations, paragraph 30,
page 12, states: “In no case whatever is a consular officer
authorized to take jurisdiction of consular business outside of the
state from the Government from which he receives his exequatur.”
Revised Statutes of the United States, section 1695, states: “The
President is authorized to define the extent of country to be
embraced in any consulate.” Consul at Colon received exequatur from
the Republic of Panama for the State of Colon, and appointment from
the State Department is for the Province of Colon only.
In my opinion it would not be legal, and would lead to all kinds of
complications, for consul at Colon or Panama to attempt to usurp the
powers of the Canal Zone courts, which clearly have jurisdiction in
administering estates of deceased persons in the Canal Zone. We can
not dodge the jurisdiction of the circuit courts in the Canal Zone
in cases of this kind. I would refer you to act 1, section 24,
clause 5 of the zone laws, giving circuit courts jurisdiction
[Page 939]
over estates of persons
dying within limits of Canal Zone; and to act 24, giving official
administrator jurisdiction over the estates of Isthmian Canal
Commission employees. The only way that I can see that consul could
administer on estates of Panama Railroad employees dying in the
Canal Zone would be for an arrangement to be made with the circuit
judges to appoint consuls to administer said estates, and even then
I think consuls would have to act in a private capacity and not as
consuls of the United States. Another Question that would have to be
considered is whether the State Department would want to be bothered
with handling accounts, finding rightful heirs, etc., of deceased
Americans dying in the Canal Zone, when all the Panama Railroad
Company has to do is to notify judge of particular circuit in which
employee died, and thereby throw all trouble and responsibility on
circuit judge, where it rightfully belongs.
I am always anxious to assist the Panama Railroad Company in any way
possible, but do not think we can legally handle estates of their
employees who die outside of our jurisdiction.
I would suggest the following plan for the Panama Railroad Company to
pursue in such cases, which I think would simplify matters and be
satisfactory to circuit court judges: Let Mr. Bierd select one of
his employees to handle estates of all persons in the employ of the
Panama Railroad Company who die outside of consular jurisdiction,
and immediately on the death of an employee Mr. Bierd can apply to
circuit judge to have person whom he has selected appointed to
administer estate. This the circuit judge has a right to do, and
estate would be settled according to laws of the Canal Zone.
Sincerely, yours,
[Inclosure 4.]
Consul-General Shanklin to Minister Squiers.
American Consulate-General,
Panama, March 5,
1907.
Sir: Referring to our conversation of
several days ago, in the matter of the consul at Colon having, at
first, declined to take charge of the estate of a deceased American
citizen who died while in the employ of the Panama Railroad Company,
I have to advise that on my taking charge of this consulate-general
I found the Isthmian Canal Commission had appointed an administrator
of estates, and was notified that he was authorized and that it was
his duty to take charge of the estates of all deceased Americans who
died while in the employ of the Isthmian Canal Commission, if said
estates were valued at less than $500 American money, but was given
to understand that this did not cover estates of deceased Americans
who died while in the employ of the Panama Railroad Company. I have
acted accordingly, but I take it that the question will soon solve
itself in that, as you are aware, the Isthmian Canal Commission
will, it is said, take over the Panama Railroad, so that all men
employed by the Government on the Canal Zone will be Isthmian Canal
employees, and its administrator of estates will have charge of
settling same until it reaches the $500.
I am, etc.,