The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1912-08-20
TAFT WOULD GIVE
AMERICAN SHIPS
FREE TOLLS
President Sends Special Mes
sage to Congress
TO LET COURTS DECIDE
Give Foreign Nations Opportunity To
Test Legality of Recent
Legislation.


Washington, Aug. 2O.-President
Taft closed a day of conferences on
the Panama Canal bill yesterday with
SPECIAL message to Congress sug-
costing the passage OF Legislation
which would permit American ships
TO travel the canal toll free and which
would also allow foreign nations TO
test the legality of this provision by
suits in the United States courts.
The president discussed the message
with senators and members of the
House. and its wording was finally
decided upon at a meeting OF the
cabinet which began at luncheon
time and lasted until late in the al
ternoon The message was read in
Congress soon afterward.
1t was the belief at Washington
last night that a determined effort
will be made to meet the presidents
wishes, although some leaders, partic-
uarly in the House, were inclined to
believe that the message meant no
further action in regard to the canal
at the present session! Mr.. Taft ex-
planned that he was anxious to sign
the present bill, but wished to as
sure other governments of the spirit
of fairness on the part of the United
States.
The president waG told that an act
of Congress would have the effect OF
abrogating any treaty previously
agreed to, and the decision of the
Supreme court over the Chinese ex-
clusion act was given as the authority
for the statement His suggestion to
Congress for additional legislation
designed to prevent any such con
struction as that of the Supreme court
in the Chinese case would allow for
eigners to try their case in the Uni
ted States courts. 1t reads as fol
lows:
THAT nothing contained in the act
entitled AN act to provide for the
opening. maintenance, protection and
operation of the Panama canal and
the initiation and government of the
canal zone shall be deemed to repeal
any provision of the Hay-Pauncefote
treaty, or to affect the judicial con
struction thereof, or in anywise to
impair any rights or privileges which
have been or may be acquired by
any foreign nation under the treaties
of the United States relative to tolls
or other charges for the passage of
vessels through the Panama canal,
and that the charging of tolls or the
enforcement of any other regulation
under and pursuant TO the provisions
of this act violates in any way such
treaty rights or privileges, such alien
shall have the right to bring an ac-
ton against the United States for a
redress of the injury which he con
siders himself to have suffered, and
the district courts of the United
States are hereby given jurisdiction
to hear and determine such cases and
to decree the appropriate relief, and
from the decision of such district
courts there shall be an appeal by
either party to the action to the SUI
preme court of the United States"
This language" continues the
message, negatives absolutely any
desire on the part of Congress to
repeal the Hay Pauncefote treaty. or
to violate its provisions by this leg
islation, and leaves open to any per
son who deems himself aggrieved by
the provisions of the act, an oppor-
tunity to appeal to our courts. l
think the importance of our standing
before the world as anxious to give
the world an opportunity to test this
question in the courts, is an earnest
OF our good faith in sattempting to
keep within our treaty obligations.
After full examination of the treaty
and of the treaty which preceded IL,
| feel confident that the exemption
of the coast-wise vessels of the Uni
ted States from tolls and the imposi-
ton of tolls on vessels of all nations
engaged in foreign trade is not a VIC
lation Of the Hay-Pauncefote treaty.
But distinguished lawyers in the
House and Senate differ from this
construction, and the secretary Of
state has received an informal pro
test from the British government that
the contemplated legislation is a VIC
lation OF her treaty rights
Il am sure that It is not the in
tention of Congress to violate the
Hay-Pauncefote treaty or to enact
anything inconsistent with its pro
visions. and that Il certainly is not
its purpose to repeal, by subsequent
enactment the treaty. in so far as 1t
represents the law Of the land. Il is
of the highest importance. however.
that this attitude should be made
clearly known to the nations Of the
world and that We should avoid anv
apparent justification for criticism"
The message, after being read in
the House, was referred to the inter
state commerce committee on motion
OF Democratic Leader Underwood
That committee has adjourned for
the session and Chairman Underwood
sought TO have the bill left on the
speakers table. but the House imme-
diately voted otherwise. It's gone TO.
bed as far as the House is concern.
ed, was Mr.. Adamson's remark
he added that he had not been able
70 command a quorum Of his commit
tee for the last fhrea ureelre