Evening star., 1912-07-20
HAS SOLE CONTROL
View That United States Owns
the Panama Canal.
ISSUE is NOT ARBITRABLE
Line Of Argument Advanced Re-
garding Britain's Protest Against
Proposed Toll System.
ISSUE is NOT ARBITRABLE

The issue raised by the protest of
Great Britain against the Panama canal
bill, whether or not Congress can charge
tolls on foreign vessels using the canal
and admit United States ships free, is not
arbitrable at The Hague. is the view
suggested in tho Senate today by Senator
Smith of South Carolina
He raised the point that the United
States has acquired the territory through
which the canal is built, and that it is
domestic water just as much as inland
waterways in the United States itself.
As the canal is a domestic waterway. he
suggested, it may be that the question OF
tolls is purely domestic question and
should not be arbitrated.
Senator Lodge OF Massachusetts, who
had expressed the opinion a few days
ago that the question was arbitrable.
admitted today. that the debate has de-
veloped new phases of the question,
and he was not willing to say that this
nation was bound TO submit the tolls
question TO a Hague tribunal
Mr.. Lodge Explains.
Mr.. Lodge also plainly intimated
that the cards might be stacked
against the United States at The
Hague II tlr4e question were submitted.
Explaining his remark Of few days
ago that it would be useless for this
nation to take this question to The
Hague. he stated that he did not mean
that the United States did not have a
good case. but meant that it would be
impossible to get disinterested trf-
bunal at The Hague, for all the nations
OF the world would be interested in
upholding Great Britain's contention.
Senator Lodge pointed out that in the
first Hay-Pauncefote treaty there was
provision that after it had been ratified
by the United States and Great Britain
the other world auOwers were to be in
vited to Join in it. That aroused great
Senate did not wish to allow any foreign
powers to come in and have a say in the
regulations which the United States
should see fit to place on the canal.
matter remarked Senator Smith of
South Carolina.
Precisely" agreed Mr.. Lodge.
Senator Smiths Argument.
Shall we submit to arbitration or not
a question which pertains to the internal
domestic affairs of the United States
alone, or shall we, by strict interpreta
tion Of the Hay-Pauncefote treaty. estab-
lish q precedent which may hereafter be
embarrassing?
That was the question that Senator
Smith OF South Carolina asked In q
speech on the Panama canal bill dealing
with the protest OF Great Britain against
free tolls for American vessels.
When the arbitration treaties were up
for ratification, Senator Smith said, the
chief question was whether or not they
would force the arbitration Of q strictly
domestic question. He quoted the speech
M SENATOR fAd0a fhnQA froatipl In
which the Massachusetts, senator argued
that M treaty should be ratified that
would 8oanpel this country to submit to
arbitration q domestic question like the
!, Logical Deduction Presented. IS
''The logical deduction from this lins
Of reasoning by the senator from Massa-
chusetts is to the effect that our judg-
ment, and ours alone. in reference to
our title to our canal territory is to be
interpreted by US alone Senator Smith
continued: eff we decide that our title to
this property is such as to make it prac-
tically a territory Of the United States
In SO far as our relations with foreign
countries are concerned, then it seems to
follow that any law we may make in
reference to our own citizens in the use
OF this property, where it applies strictly
to our citizens alone, is not a matter for
arbitration.
'.If We determine that the character OF
our title as q government in dealing with
the republic Of Panama Is such that our
sovereignty in SO far as navigating the
waters Of the canal is concerned is prac-
tically the same as navigating American
waters. then no foreign power has any
right to demand that 1T should be SUBJ
mitted to arbitration
Senator Smith called attention to the
fact that the United States has never
submitted to arbitration the claims OF
Colombia for redress for the loss Of Pam.
anna.
sThe fact that it has not been arbi-
trated does not relieve the United States
from its responsibility" said Senator Ba-
con. 1T is still burning question, and
1t is to our eternal disgrace that we
should have treated a weaker nation as
we have Colombia"