The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1912-12-13
BRITISH PROT EST
NOTE NOT CLEAR
Some Passages in Grey Document
May Have Double Con-
structions.
FULL TEXT OF LETTER
TO BE DISTRIBUTED
Answer Being Prepared, but Will
Not Be Completed During
This Administration.

The printing of the complete text OF Sir
Edward Grey's note OF protest on the
free tolls provision Of the Panama Canal
act was ordered yesterday by Secretary
of State Knox While the document will
not be sent 10 the Senate as an official
I communication from the administration,
the printed copies will be available for
Senators and others interested in it. II
is felt that the complete text Of the
British note cannot be too soon put in
| the hands OF Senators and others, in Or
der that they may become familiar with
the questions of treaty Interpretation and
points Of argument raised in the British
note.
That the Taft administration will con-
duct only the preliminaries Of the Pan
anna Canal controversy with Great
Britain is daily becoming more and more
apparent. Though President Taft in
tends to carry matters as far as he can
in the short time left to him. II is be-
coming recognized that comparatively
little can be accomplished in the ten
weeks before the incoming of the Wilson
administration. This view. 1t is known,
is shared by the British Embassy and
the British foreign office. President
Taft will not. however shelve the matter
merely because he is to retire from Office
on March I. Neither will he shift respon-
sibility by putting the whole matter up
10 the Senate at once.
Three MOnthS' Preparation.
It took the British Foreign Office three
months to prepare the note delivered TO
Secretary Knox last Monday, and it is
now realized that II will take a COnsid-
cradle time TO prepare the answer Of the
United States. Though much has been
done since last July, when the British
government first gave notice that /;
would object to legislation permitting any
United States ships TO pass through the
canal without payment of tolls, the real
task has only just begun. Records dat
ing back more than sixty years must be
brought out and searched for anything
which will throw further light upon the
circumstances under which the Clayton
BulNer treaty of 1S1 and subsequent
treaties were negotiated. Great Britain
has based her case largely on the reading
of the Clayton Bulwer and the Hay
Pauncefote treaties. thus making 1t neCeS-
sary for the United States TO produce
evidence which will controvert her view
Of the two documents and the under
standings which existed on both sides
when they were drawn and ratified.
Aside from this phase OF the task. how
ever. the British note itself is to be care
fully studied. There is much in the note
CT Sir Edward Grey which. many believe
Is not quite clear. Double constructions
are possible with regard to several para
graphs. according to the view OF many
International law experts. II is not i'm
probable that the British government will
be asked TO explain more precisely what
Is meant by some passages Of the Grey
note. II is considered, for example. that
the references the note makes TO the
agreement as TO naturalization" and also
some of the passages regarding the lin
itatiOns set upon the right of the United
States to grant ship subsidies, might be
made clearer.
The interesting observation was made
to-day that the present situation with re-
gard to the canal controversy with Great
Britain is quite unusual. in that nothing
has Yet actually been done against which
Great Britain is complaining. No United
States ship has yet passed through the
Panama Canal under circumstances more
favorable than those accorded TO a Brit
ish ship. Nothing has yet been done
which would afford ground for a charge
of discrimination. Protests are seldom
made. it was pointed out, against some
thing that has not been done. while ar
bitration of an alleged discrimination Is
most unheard Of before the alleged dis
criminatory act has been committed.