Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-08-13
Further Protest on Canal Tolls
Question Expected, However.
SHE AWAITS enactment
To File Formal Complaint When Bill
Is Passed by Congress.
WILL SUGGEST ARBITRATION
State Department to Take Stand
That Free Tolls Are Vital Neces-
sity to American Shipping.

The British government has made no
further representations to the United
States regarding the proposition to allow
American vessels to use the Panama
canal free Of tolls, since the note or
Charge Inness of July s. 1t is believed
that that government is awaiting the en-
actment of the legislation into law and
the adoption of regulations to put it into
effect in order to have a sufficient basis
for more formal protest against what
lit regards as breach of an existing
treaty. In recognition of the superior
right of Great Britain to address the
United States government on this subject
by virtue of the existence of the Hay
Pauncefote treaty. other European ma
tons and even Japan have refrained
from approaching the State Department,
although their interest is equal to that Of
Great Britain, by reason of their right to
claim equal treatment for their shipping,
under the favored nation clauses in eX-
listing conventions with the United States.
Formal Protest Expected.
1t is fully expected in official circles.
however. that soon after the signature
of the act by the President the British
charge will be directed to submit to
the State Department a formal protest
in behalf of his government against
what it regards as discrimination
against British shipping. Such protest
Will require an equally formal reply,
which may be nothing more than a
recital of the act itself as a mandate
by Congress. which the executive can
not disregard supported by such argu-
ment as the diplomatic bureau can
make to justify the action. AS that
VIII amount to a positive refusal of
the British request to treat British ship.
ping on an equality with American, it
is assumed that the foreign office then
VIII come forward with a proposition
10 submit the issue to arbitration. call
ing attention to the existing British
American arbitration treaty as a basis
for the proposition.
Such move is expected to bring the
matter to the real crisis. for. admitting
that an arbitration undoubtedly would
be adverse to the American position. it
Will be necessary for ne State Depart
ment to find reasonable ground for a
declination of the British overture, with
out laying itself open to the charge that
it has deliberately violated the provisions
of the treaty-the very charge lodged
against it in connection with the Hay
PauncefOte treaty
A Vital Necessity.
1t is contended that the best method of
meeting that situation would be for the
State Department to take the position
that the discrimination in favor of Amer
lean ships is vital necessity to the
United States.
Article l of the arbitration treaty pro-
vides:
Differences which may arise of a
legal nature or relating to the inter
probation of treaties existing between
the two contracting parties and which
it may not have been possible to settle
by diplomacy. shall be referred to the
permanent court of arbitration estab
lished at The Hague by the convention
of July 20, 1899. provided, nevertheless.
that they do. not affect the vital inter-
ests, the Independence Or the honor of
the two contracting states, and do not
concern the interests of third parties"
1t Is not contended that the preferential
treatment of American vessels using the
canal affects the independence or the
honor of the United States, and it is adj
mitted that it is Of interest to other ma
tions--meaning third parties So, to escape
the charge of treaty breaking, the State
Department may have to assert that this
question of tolls is of vital interest to the
not a subject which properly may be laid
before The Hague tribunal.
A possible loophole may be found in the
fact that this arbitration treaty expires
by it's own limitation next April, so that
If the resources of diplomacy are ade-
uuate to keep the negotiations open to
that date Great Britain then will be de-
prived of the right to invoke it.