The Sentinel=record., 1912-08-20
PRESIDENT SHOWS SIGNS OF WEAKENING WHEN PUT FACE
 TO FACE WITH BILL.
SENDS A SPECIAL MESSAGE
Would Give Foreign Nations Feeling Aggrieved an Opportunity for Redress in the Courts of This
 Country.

Washington, Aug. 19.-President Taft closed day of conferences on the Panama canal bill with a special message to congress suggesting the passage of legislation which would permit American ships to travel the canal toll free, and also would allow foreign nations to test the legality of this provision by suits in the United States courts
 The president discussed the message with senators and representatives and it's wording finally was decided upon at a meeting of the cabinet which began at luncheon time and lasted until late in the afternoon. The message was read in congress soon afterward and will be taken up to- morrow by committees of both houses.
 It was the belief tonight tIat de- termined effort would be made 70 meet the presidents advices, although some leaders, particularly those in the house, were inclined to believe the message meant no further action in regard to the canal at this session.
 The president explained he was am xious to sign the 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 the effect of abrogating any treaty previously agreed to and the decision of the SUI preme court over the Chinese exclu- sion act was given as authority for the statement. His suggestion to congress for additional legislation is designed to prevent any such con struction as that of the supreme court in the Chinese ease. It reads as fol- lows:
 That nothing contained in the act entitled an act to provide for the opening, maintenance. protection and operation of the Panama canal, and the sanitation and government of the canal zone shall be deemed to repeal any provision of the Hay -Pauncefote treaty or to affect the judicial con struction thereof, or in any wise to impair any rights or privileges which have been or may be acquired by any foreign nation under the treaties of the United States relative to tolls or other charges for the passage of yes sels through the Panama canal, and that when alien, whether naturalized person, partnership, company of cor poration, considers That the charging of tolls or the enforcement of any other regulation under and pursuant othe provisions of this act violates in any way any such treaty rights or privileges, such alien shall have the right to bring an action against the United States for a redress of the in jury which he considers himself to have suffered and the district courts of fhe United States are hereby given jurisdiction to hear and determine such cases and to decree the appro- priate relief, and from the decision of such district courts there shall be an appeal by either party to the action to the sunreme court of the United States"
 This language" continued the mes sage, negatives absolutely any desire on the part of congress to repeal the Hay-Pauncefote treaty or to violate it's provisions by this Legislation, and leaves open to any person who deems himself aggrieved by the provisions of dhe act an opportunity to appeal to our courts
 q think the importance of our standing before the world as an effort to give to the world an opportunity test this question in the court is an earnest of our good faith in attempt ing to keep within our treaty obiga- tons.
 After full examination of the treaty and of the treaty which preced- ed it, feel confident that the exemp- tion of the coastwise vessels of the United States from tulis and the i'm position of tolls on vessels of all na- tions engaged in the foreign trade Is not a violation of the HayPauncefote treaty. But distinguished lawyers i'll the house and senate differ from this construction, and the secretary of state has received an informal protest from the British government that the proposed Legislation is a violation of her treaty rights.
 q am sure it is not the intention of congress to violate the Hay-Paunce- | fote treaty or to enact anything in- consistent with it's provisions, and that it certainly is not it's purpose to repeal, by senate bill enactment, the treaty. insofar as it represents the law of the lant It Is of the highest importance however, that this atti tude should be made clearly known to the nations of the world and tha. We should avoid any apparent justifl- cation for criticism
 The message. afte. being read in the ] house. was referred to the interstate