S4 S iPR[ ME (OURT OF THE CANAL ZONE. Apr. Term

described in Article II * which the United States would possess and exercise if it were the sovereign of the territory within which said lands and waters are located to the entire exclusion of the exercise by the Republic of Panama of any such sovereign rights, power or authority." In Article V of said treaty. "The Republic of Panama grants to the United States in perpetuity a monopoly for the construction, maintenance and operation of any system of communication by means of canal or railroad across its territory between the Caribbean Sea and the Pacific Ocean." Article XIV provides that as the compensation for the rights, power and privileges granted by the Republic of Panam-a to the United States, the United States should pay to the Republic of Panama' the sum of ten million dollars in gold coin of the United States on the ratification of this treaty, and make an annual payment during the life of the treaty of $250,000 in gold coin of the United States beginning nine years after the date of the treaty.
This treaty was duly ratified by the Republic of Panama on December 2, 1903, and by the United States on the 23rd of February, 1904.
The President of the United States, on May 9, 1904, issued an Executive Order to the Secretary of War authorizing the establishment of a government in the Canal Zone, creating a Commission to whom were delegated legislative powers and defining the nature of the powers and rights of the inhabitants of the said Zone. This Executive Order is the organic law of the Canal Zone and the provisions therein which have a bearing upon the error assigned are: "That no person shall be deprived of life, liberty or property without due process of law; * that in all criminal prosecutions the accused shall enjoy the right of a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."
The fifth amendment to the Constitution provides that "no person shall be compelled in a criminal case to be a witness against himself, nor to be deprived of life, liberty or property without due process of law." The sixth amend-

5