The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1912-09-06
u. S. WILL NOT ARBlTRATE.
British Protests Against Canal Rules
Believed Grcundlass.

British Protests Against Canal Rules
Believed Grcundlsss.
Washington, D.. Although the
State department will authorize no
statement to that effect, it is under
stood the administration will decline
to permit the question of the right Of
the United States to relieve its own
shipping from tolls in the Panama
canal to 90 to arbitration. This posi-
ton Of the government, it is said,
may not be developed fully for some
time.
While the British protest clear
ly intimated q purpose to demand
an arbitral decision in the event that
more careful study Of the Panama
canal toll act brought out the impress
sion that it is in violation of the Hay
Pauncefote treaty, if the usual course
in diplomatic exchange is followed,
many arguments and counter argu-
ments must be submitted on both sides
before the resources of diplomacy
would be exhausted, thus warranting
a demand for arbitration.
The British foundation for such a
demand rests upon the broad basis of
two special treaties between America
and Great Britain, in addition to the
great general convention creating the
tribunal of The Hague and binding
all parties thereto to adjust their dis
putes by recourse to its methods. The
first of these treaties, the Hay
Pauncefote treaty, in its third article
declares that there shall be no dis
elimination against any Of the nations
obeying the rules of the canal, and in
its fourth article asserts that no
change of territorial sovereignty
shall affect the obligation Of America
and Great Britain under the treaty.
The second special treaty, made
four years ago, binds each country to
submit to The Hague any difference
that my arise relating to the interpre-
tation of treaties, provided they edo
not affect the vital interests, the in
dependence or the honor" of the par
ties. On it's face, British demand
for arbitration on such basis is gen.
orally regarded to be sound and be-
yond discussion.
From the American viewpoint there
are many loopholes for escape.
In the first place it may be contend
ed that the admission of American
coastwise traffic to free passage in the
canal constitutes no actual discrimin-
alton against British shipping. Elk
listing law permits no foreign bottoms
to transport American coastwise COM
merce and British vessels could not be
employed to carry goods from New
York to San Francisco through the
Panama canal, even if they were COM
pletely relieved from tolls, as win be
the American coasting trade. Thus,
it is figured, it cannot be contended
that British commerce is affected one
way or another by this favored treat
ment of American ships.
Another American argument is that
owing to the acquisition by America
of sovereignty over the canal zone,
the Hay Pauncefote treaty no longer
applies to it, that convention being
itself voidable under the principle of
international law which makes q
treaty's life depend upon the contin-
uance Of conditions upon which it is
made. Back of this contention, how
ever, lies the danger of loss of the
whole naturalization feature of the
Hay Pauncefote treaty.
A third argument against arbitra-
ton is found in the fact, admitted in
the senate debates, that nowhere
would it be possible to secure un-
biased arbitrators, because every mar
thine country finds its interests in OPP
position to the American contention to
a right of discrimination in the use of
the canal.
The avenue of escape, if the United
State really deires to avoid arbitra-
ton, is to be found, it is declared, in
article of the arbitration treaty of
1908, which affords an opportunity to
the United States senate to take a
hand in the settlement of ouch an is
sue
That article makes it prerequisite
to actual arbitration that both sides
shall conclude special agreement
defining clearly that matter in dis
pute," and this must be approved by
the senate. So that of the senate
takes tho same view next winter of
the predominant rights of America in
the use Of the canal as it did last ses-
sion, it may prevent arbitration by de-
Ginning to accept any Especial agree