New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-08-19
POLITICAL, NOT JUDICIAL.

An amendment 10 Jue dhdLn" 'i
declaring that the exemption of Amerl-
can coaStwise shipping from Tolls Is
not intended to contrayene the Hay
Pauncefote treaty and comforting on
the Supreme Court jurisdiction 10 IN
ternret and enforce the treaty. setting
aside the law in case it finds the TWO
conflict. would probably be an improve
ment ON the bill as it was sent TO the
President. But the expedient involves
grave departure from our established
nolitv. II tends to the confusion or
legislative and judicial functions in
way that may iuiure the prestige or
the court without removing the posi-
bjlity of international complications.
This danger should not be risked IN
order TO dodge for the present merely
one troublesome feature in a measure
So plainly imperfect in other respects
that it ought to he vetoed.
The Supreme Court has steadily re-
fused 10 take upon itself the response
bilifv for our foreign relations. 1t has
rightly held that they were the con-
Germ Of the political department, and
that it could not take cognizance OF
any claim that law violated a treaty,
hut that such claim must be dealt with
through the channels of diplomacy
The proposed amendment would throw
upon it the burden of what would
practically be an international arDl-
tration. The court would he asked to
settle questions arising between for
eign country and this government, OF
which it is a part, and if 1t decided
for the American view the foreign
complaint would almost certainly he
that it was judge sitting in its own
case. On the other hand, at a time
when prejudice is being fOmented
against the extent Of its powers and
when every effort should be made to
strengthen the Judiciary in the conf
dence and affection of the people, the
court would be put in the position Of
perhaps having to antagonize popu-
lar feeling aroused to patriotic frenzy
and TO face the reprOach of having be-
trayed American interests Such a
situation might easily arise. and it
would be disastrous 10 the court,
whose safety lies in abstinence from
attempts to settle political questions.
Moreover, In giving relief to foreign
claimants. in case it was forced to by
it's Interpretation Of the treaty. could
It legislate affirmatively to impose tolls
on coastwise traffic? Would it not still
have to respect the law exempting 1t,
and then, pursuant to the treaty rule
of equality. exempt the foreign com
plainant, with the result Of abOlishing
all tolls?
The problems presented by the Hay
Pauncefote treaty and the Panama bill
are not judicial but political. They
are complicated by questions Of policy
international susceptibilities and posi-
bile retaliatory measures which cannot
.with certainty he disposed Of by any
&hseudo- judicial process-and the pro
" posed process would be only pseudo
judicial; for, though the work was
plhCcu OH JuuScS' lhe IuuCIlVH pCl'
formed would be political, the deer
mination Of the international policy OF
the United States. That function be.
longs to the lawmaking and treaty.
making powers. 1t is their duty to
consider these questions carefully and
reach sound conclusions which they
can sustain in the forum of the world
opinion, not TO enact laws recklessly
and hastily and shirk responsibility
for the consequences by putting the
difficulties they invite up to the ju'
diclal department.