| Show venezuelan ASPHALT DECISION washington sept 1 the state department part ment was today placed in the pos bession of uie full text of the recent decision of the venezuelan court of last instance confirming the judgment of alio same court sitting as a tribunal of the first instance in tho case of the venezuelan government against the new york and bermudez asphalt company for the non at contract obligations by the asphalt company the decision was transmitted through the venezuelan legation here and laid before secretary boomla by senator Goit coa venezuelan charge daf faires the effect 0 the decision to rescind the companas comp anys contract and condemn it to pay the costs of the suit was cabled on the date on which it was rendered august 7 last alie document presented today gives besides the decision a brief history of the alon and the Avld ence and argument of either ilde to the controversy when the suit was instituted a receiver was placed in charge of the property and it la understood this arrangement continues the case Is distinct from a mccond uit brought by the government against tho company seeking damages on the charge that the company instituted a revolutionary movement the contract which the decision re was executed in 1883 and the clause which was the cause of the suit required the dredging of the navigable streams of bermudez by the company tho fact that this dredging was not done the court finds to havo been established notwithstanding tho showing to tho contrary sought to be made by the defendant company tho company in its argument in the case sets up tho claim that its title to the property were not based on abo contract in cues ion it alleges that the terms of this contract were fulfilled however and it they had not been the company wag not limited by the terms 0 tho contract to any period of time in which Us terms might be complied wicy finally the company argued that the stipulation to dredge the rivers never legally existed and if it did was covered by an alternative proposition which was to construct a railroad and tho alternative proposition had been met this argument Is answered by the court in this language the of the contract on the part of the company Is fully proved in cheso proceedings |
