Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-08-20

special message, URGING the amend
n1ent of the Panama canal bill which
has passed both houses, for the adep-
ton Of a Joint resolution designed to
allow foreign nations to test the valid
itY of the free tolls provision of the
bill under .he Hay Pauncefote treaty.
The President indicated desire to
sign the present bin, but declared 1t
was of the utmost Importance that
further legislation be passed SO that
the good faith of the United States
would be understood by foreign gov
ernments.
Washington. Aug. 10. - President
TAFT closed q day of conferences on
the Panama canal bill with special
message to Congress suggesting the
passage of legislation which would
permit American ships to travel the
canal toll free and which would also
allow foreign nations to test the legal
ity of this provision by suits in United
States courts.
The President discussed the message
with senator's and members of the
House, ana its wording was finally de-
cided upon at a meeting of the cabi-
net 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.
1t was the belief here, tonight, that
determined effort will be made to meet
the Presidents wishes. although some
leaders. particularly i'm the House. We're
inclined to believe the message meant no
further action in regard to the canal at
the present session.
Mr.. Taft explained he was anxious to
sign the present bill, but wished to as
sure other governments of the spirit of
fairness on the part of the United States.
The President was told an act of Con-
4greSs would have the effect of abrogating
any treaty previously agreed to and the
decision of the supreme court over the
Chinese exclusion act was given as au-
thority for the statement. His sugges-
ton to Congress for additional legisla-
ton designed to prevent any such con-
struction as that of the supreme court
in the Chinese case would allow foreign
ers to try their cause in the United States
courts. 1t reads as follows:
"That nothing contained in the act en-
titled 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 Pauneefote treaty or to affect the
judicial construction 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 the tolls or
other charges for the passage of vessels
through the Panama canal. and that
when any alien, whether natural person,
partnership, company or corporation,
considers that the charging of tolls or
the enforcement of any other regulation
under and pursuant to the provisions of
this act, violates in any way such treaty
rights or privileges, such alien shall have
the right to bring an action against the
United States for a redress of the injury
which he considers himself to have sut-
fered. and the district courts of the
United States are hereby given jurisdic-
ton to hear and determine such cases
and to decree the appropriate relief and
from the decision of such district courts
there shall be an appeal by either party
United States.
This language continues the mes
sage, negatives absolutely any desire
on the part of Congress to repeal the
Hay Pauncefote treaty, or to violate
its provisions by this legislation, and
leaves open to any person who deems
himself aggriev9l by the provisions Of
the act an opportunity to appeal to
our courts.
| think the importance of our stand
ing before the 3rld as anxious to
give to the world an opportunity to
test this question i'm the courts is an
earnest of our good faith in attempt
ing To keep within our treaty oblga-
tons.
After full examination of the treaty.
and of the treaty which preceded it.
] feel confident the exemption of the
coastwise vessels of the United States
from tolls and the imposition of tolls
on vessels of all nations engaged in
the foreign trade is not violation of
the Hay Pauncefote treaty. But dis
tinguished lawyers in the House and
Senate differ from this construction.
~ am sure it is not the intention
of Congress to violate the Hay
Pauncefote treaty or TO enact anything
inconsistent with its provisions and
that it certainly is not it's purpose to
repeal by subsequent enactment the
treaty, insofar as it represents the
law of the land. Ii is of the highest
importance, however that this atti-
tude should be made clearly known to
the nations of the world and that we
should avoid any apparent justification |
for criticism"
The message, after being read in |
the House, was referred to the inter- |
state commerce committee on motion |
OF Democratic Leader Underwood. |
That committee has adjourned for the |
session and Chairman Underwood |
sought TO have the bill left on the |
Speakers table but the House imme-
diately voted otherwise. Its gone to |
bed so far as the House is concerned, |
was Mr.. Adamson's remark. He added |
that he had not been able to COM |
mand a quorum of his committee, Tor /
the last three weeks. There is no dis !
position on the part of the House |