The sun. [volume] (New York [N.Y.]) 1833-1916, 1909-05-08

latans" can be most conclusively demon.
strated by an examination OF the appended
list OF distinguished engineers. all OF whom
are strongly committed against the look
type Of canal which is now being con.
struoted; the first eight names mentioned
are those Of the famous and much maligned
majority Of the consulting board Of 1905:
Major-General George W. Davis. u. 3,
A. retired. formerly Canal Commissions
and Governor OF the Canal Zone;
Euaen Tincauzer. chief engineer OF the
Kiel Canal, and tho appointee Of the Ger
man Government;
Eduard Quellenec. consulting engineer
of the Suez Canal:
j.. W. Welcker. director Of the State
waterways Of Holland. appointed by the
Government OF the Netherlands;
Adolph Guerard. q leading Official en-
gineer Of France, Inspector General OF
Bridges and Highways. appointed by the
French Government;
Henry W. Hunter. chief engineer Of the
Manchester Ship Canal. appointed by the
British Government:
William H. Burr Of New York. professor
Of engineering, Columbia University:
William Barclay Parsons, formerly chief
engineer Of the New York subway:
Boyd Ehle;
John F. Wallace;
J. B. Walker:
Gustav Lindenthal;
A. d. Morris:
Admirsls Evans. Chadwick. Endicott and
Goodrich Of the United States Navy.
As q result Of the agitation which took
place toward the close of the year 1908, and
for the further purpose OF allaying public
anxiety. an advisory board was appointed
and endowed with full authority to con-
slider and report on the whole canal ques-
ton. The real point at issue was clearly
the minority report Of 1905. and we're there
any doubt as to this fact 1t would be dis
pelled by the following conclusion Of this
ad visory board OF 1909: Your board Ia
satisfied that the dams and locks. the look
gates are feasible and safe. and
that they can be depended upon TO perform
with certainty their respective functions,
We do not find any occasion for changing
the type Of canal that has been adopted"
It Is clear that this advisory board was
to all intents and purposes a tribunal con-
stituted for the purpose Of sitting in judy
ment on the minority report to which we
have already alluded, and after due delib-
Grafton 1t affirmed and sustained that re-
port, thus deciding In favor Of the defend
ant at bar. These being the facts. 1t aeces-
sarily follows that the defendant. while
entitled to the advice and assistance Of able
counsel. should have been excluded from
representation on the board Of the trial
court. Nevertheless. we find that this
trial court was composed of two OF the con-
s~tituent members OF the defendant minority
Of 1905, together with the nominees Of q
third member-and no one else. While no
one has ever questioned the high integrity.
technical knowledge and professional stand
ing Of the Individual members Of this board,
II will nevertheless be readily seen and
understood hat Il was most efectually
packed by the normal operation Of its
own intellectual bias. The experience Of
ages has crystallized into the aphorism
"A man convinced against his will Is OF the
same opinion STILL IN despite It's high
character the majority report OF 1905 had
no more chance at the hands Of this board
than the traditional clawless feline at the
mercy OF the furies OF Tartarus; the board
went through all the appointed forms and
honorably did Just what 1t wa created to do.
The decision Of this body was not and could
not be for a moment In doubt. nor was 1t
ever possible that q tribunal SO constituted
could ever settle any issue In which it's MEM
bers were In any way directly involved.
The decision has been defended in the fol-
lowing language:
II Is entirely proper. when 1t is claimed that q
Judgment should be set aside on the ground OF
newly discovered evidence. that at least . part
OF the same court should ait to hear what that
new evidence Is and pass upon It's weight with
reference TO the previous judgment. The truth
Is that this judgment OF this new board OF engi-
neers ought 70 remove all doubt As TO the safety
Of the Gatun dam from the minds OF the inter
ested public.
From this doctrine there are. however,
many dissentients who hold hat 1t Is i'm
proper for defendants to sit In judgment
on their own delinQuepcies or for judges to
try appeals from their own decisions: and it
would seem hat the weight OF authority
and common sense is on their side.
II the necessity for the appointment OF
an advisory board existed in December,
1908. It is doubly called for now that the al
leg ed gerrymandering Of the body then ap-
pointed has further accumulated the feeling
Of public uneasiness as to the situation.
However irrevocably committed In a per-
sonal sense to the present type Of canal
President Taft may be, II is hardly probable
that In his Official capacity he would even
desire to resist q public demand for the
appointment Of an impartial commission.
could he be conolusively assured that such
q demand exists; certainly his amour propre
could be In no way involved. Could he
only diagnose the situation from the plane
Of the masses Of the people he would be
very quickly convinced that such a demand
actually exists.
Consummately able, diplomatic. genial.
astute Mr.. Taft-how he must smile a. he
observes his compatriots gaze Admirably
on tho solemn mumn,ery Of an endless sue
cession Of Congressional junketing parties
visiting the lsthmus, hearing that which
It was predetermined they should hear,
seeing only what It was ordained they should
soc. subhmely ignorant of tho technical
exigencies. requirements and necessities
Of the situation, yet gravely considering
matters Of vital moment IN soberly pro-
nouncing everything strictly as II should
be. Not less edifyinK 10 the occasional
spectacle Of q solemn board OF serious
minded s~avants. carefully selected because
Of a known trend OF intellectual bias
bias lettering It's members judgment with
q bond stronger than that Of steel-gravsly
fulfilling it's predetermined mission, all the
while lsboring under the Authorization that
the members are really free and unpreju-
diced agents.
The writer is neither q sea level enthu-
siast nor a dyed In the wool lock adyo-
cato, but is In reality absolutely neutral
and consequently fully open to conviction.
To him and to all who ara so i~nclinsd-and
they are the vast mAjority-th affair
seems to be q hopeless tanRle that can be
u~nravelled only by the appointment Of q
commission which by its very constitution
shall command respect and confidence.
BRookLIN, may Z. w. b. G.