The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-08-29
CONGRESSIONAL INDIFFERENCE

1t is surprising to see the stolid in
difference with which Congress views
important matters of legislation and
session Just closed, Congress passed n
bill for the governing and regulation
of the Panama Canal in its operation,
and fixing the tolls, leaving the mat
ter largely to the discretion of the
President; but the bill provides that
American vessels engaged IN the coast
wise trade (nnd none but American
vessels are allowed to engage in that
trade) should pass through the canal
free. This proposition is denounced by
some of our own good lawyers and able
public men. and is generally denounced
in Great Britain and Canada, as a VIC
lation of the Hay. Pauncefote treaty.
President Taft, however considers that
the provision is entirely in accord with
that treaty. and he also favors the ex-
emption of all American vessels from
the canal tolls. This is on the plain,
straightforward ground that ownership
Of the canal gives the United States
a proprietary right, which it may exer-
else at its pleasure, to favor American
shipping In Il special message to
Congress the President pointed out the
different views relating to the con.
struction of the treaty. and asked Con-
gress to pass a resolution declaring
that nothing in the act was In any way
intended to annul or infringe upon
the Hay-Pauncefote treaty. or to af.
feet any judicial Interpretation of that
treaty; or, if Congress would prefer. he
suggested that the bill might be amend
ed by the insertion of the following
clause:
That nothing contained In "An act TO
provide for the opening, maintenance, pro-
lection. and operation OF the Panama Ca
nal and the sanitation and government
Of the Canal Zone shall be deemed TO
repeal any provision OF the Hay Paunce-
fote treaty or to affect the judicial con-
struction thereof. or in any wise TO i'm
pair any rights or privileges which may
have been or may be acquired by any
foreign nation under the treaties of the
United States relative 70 tolls or other
charges for the passage Of vessels through
the Panama Canal, and that when any
alien, whether natural person, partner
that the charging OF tolls or the enforce
ment OF any other regulation under and
pursuant to the provisions of this act
violates In any way any such treaty rights
or privileges, such allen shall have the
right TO bring Ar action against the Unit
ed States for redress of the injury which
he considers himself TO have suffered,
and the District Courts OF the United
States are hereby given jurisd ction to
hear and determine such cases. to de-
cree their appropriate relief. and from the
decision Of such district courts there shall
be an appeal by either party to the ac-
ton TO the Supreme Court OF the United
States.
That would have made the matter
entirely clear. There would have been
no right of complaint anywhere that
could not be tested by judicial inter
pretation in the Federal Courts Of the
United States; but Congress preferred
to take half loaf, in the wav of ex-
empting vessels engaged in the coast
wise trade. in place OF exempting all
| vessels flying the American flag. AS
in itself may deprive us of the right
hereafter TO exempt all vessels flying
the American flag from Panama Canal
tolls It was very serious blunder on
the part of Congress to fail of follow
ing the suggestions made. and Presi-
dent Taft has right to feel that he
was treated with disrespect on the
refusal Of Congress even TO consider his
suggestions. while the people of the
United States have been put in a posi-
tion of disadvantage by the act OF
their own Congress. which is entirely
unfair 10 them and to the Nation