United States Supreme Court Cases & Opinions

U.S. Supreme Court

Colombia v. Cauca Co., 190 U.S. 524 (1903)

Colombia v. Cauca Company

No. 259

Argued April 23-24, 1903

Decided May 18, 1903

190 U.S. 524

Syllabus

There is a distinction between foreign states and foreign citizens. Congress did not mean to exclude a sovereign power which sees fit to submit its case to our courts from the right to appeal to the court of last resort. Under section 6 of the act of 1891, the decree of the circuit court of appeals is not made final where one of the parties is a foreign state.

Where the parties to a controversy have submitted the matter to a commission of three who have the power to and do resolve that all decisions shall be by majority vote, an award by a majority is sufficient and effective.

In an arbitration between a sovereign state and a railroad company and affecting public concerns, whatever might be the technical rules for arbitrators dealing with a private dispute, neither party can defeat the operation of the submission after receiving benefits thereunder by withdrawing, or by adopting the withdrawal of its nominee, after the discussions have been closed.

Where a foreign state grants a concession to build a railroad to an individual who assigns it and other contracts connected therewith to a corporation, and thereafter the state forfeits and cancels the concession, but agrees, as a compromise, to take over the road as far as built and pay the actual expense of construction, it is proper, in estimating such expenses, to

Page 190 U. S. 525

allow the office and traveling expenses and salaries of the officers, but not the cash paid by the corporation for the contract and concession or the amounts paid to the officers of the corporation for securing the agreement to submit the matter to arbitration.

The case is stated in the opinion of the Court.