Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1912-08-20
President Desires Congress to
Take Precaution Against Vio-
latlon of the Hay PauOcefote
Treaty.
COURTS WOULD BE
ALLOWED TO DECIDE
Special Message is Referred to
House Commerce Committee
Which Has Adjourned for
Session.
Iny Morning journal special Leased Wire. !

Washington, Aug. President
TAFT closed a day of conferences on
the Panama bill with "A special mes
sage to congress suggesting the pas
nit American ships to travel the
canal toll free and which would also
allow foreign nations to test the le-
gality Of this provision by suits IN
/ United states courts
The president discussed the mes
sage with senator's ana members OF
the house and its wording was finally
decided upon at il cabinet meeting.
The message was read in congress
soon afterward and will be taken up
tomorrow by committees OF both
houses.
1t was the belief here tonight that
an effort viii he made 10 meet tie
/ wishes Of the president although
some leaders, particularly in the
house, were Inclined TO beliove the
message meant no further canal ac-
tion at the present session.
Mr.. TAFT explained he was anxious
to sign the present bill, but wished
to assure other governments Of the
spirit of fairness on the part of the
United States.
The president was told that an act
| of congress would have tlso effect of
abrogating any treaty previously
agreed to ana the decision Of the
supreme court over the Chinese cx-
clusion act was given as authority for
the statement. his suggestion TO con-
gress for additional legislation desig-
mated to prevent any such construc-
tion as that Of the supreme court in
the Chinese case would allow foreign
.rs 10 ;ry their causc In the Iluited
states courts.
1t read rs follows:
"That nothing contained in the net
entitled An act to provide for the
opening, maintenance, protection ana
operation of the Panama canal ana
the sanitation and government of the
canal zone, shall be deemed TO repeal
amy provision OF the Iny-Pnunce-
tote treaty or TO affect the Judicial
construction thereof Or TO any wise
impair any rights or privileges which
have been or may be acquired by any
foreign nation under Tie treaties Of
the United States relative to TOLLS or
other charges for the passage of yes |
sels through the Panama canal, ana |
mat when any alien. whether nat
ural person, partnership. company or
corporation considers that The charg-
ing of tolls or the enforcement of
any other regulation under ana pur-
suant to the provisions Of this act,
violates In amy way such treaty |
rights, or privileges, such alien shall
have the right to bring on action
against the United states FOR red
ress Of the injury which he considers
himself to have suffered, and the dis
trict courts Of the United States are
hereby given jurisdiction to hear ana
determine such cases and TO decree
the appropriate relief and from the
decision Of such district courts there
SHAH be an appeal by either party to
the action to the supreme court Of
the United states
This language,' continued the
- ''7'tStt HtEdilN'H hbHDiultiS any bt7
sire upon the part Of congress 10 re-
peal the Hay Paunccfotc treaty or to
violate its provisions by this legisla
lion and leaves open to any person
who deems himself agerieved hy the
provisions Of the act right to APP
peal to our courts.
Il think the Importance of our
"A &c .
o give to the world an opportunity /
o test this question in the courts 3
3 sign OF our good faith in at
empting to keep within our treaty {
Obligations" II
The president continued that he
vas confident that the exemption of t
he coastwise vessels Of the United {
states from tolls was not violation Il
# the Hay Paunccfote treaty. y
The message. after being read in
he house. was referred to the inter-
tate commerce committee, on mo-
ion of Democratic Leader Under
wood. That committee has adj
ourned for the session, and Chair
nan Adamson sought to have the bill
efi on the speakers table. but the
ouse voted otherwise, 81
Jan,. E..,,... T.nnt- fiaun,i.n