The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-12-10

Panama Canal Is that the waterway
shall be free and open TO the vessels
OF commerce and war Of all nations
observing the rules CT terms OF en-
tire equality. so that there shall be no
discrimination against such nation II
is said that the Presidents statement
OF the case is wholly at variance with
the real provisions. when he treats the
words "ail nations as excluding tAe
United States, because IL had construct
ed the canal on its own territory. and
thereby acquired an absolute right 81
ownership. including the right TO AL
low its own commerce 10 use the canai
upon such terms as 1t saw fit
How Right Was HeEainei.
.They lthe British government con-
slider" said Sir Edward, that by the
CLAYTON Buiwer treaty. the United
States had surrendered the right 10
construct the canal. and that by the
-Paunce fote treaty thoy recovered
that right upon the footing that the
canal should he opened To British and
United states vessels upon terms OF
equal treatment
The next point made is that eXemp-
ton Of American shipping from tolls
would violate the understanding max
tolls should be just and equitable.
1
passing through the canal IS taken
into account, there ere no means OF
determining whether the tolls charged
upon any particular vessel represent
he, fair proportion II the current eN-
penditure properly charSeable against
the canal Therefore the British gov
eminent is entitled TO demand. on be-
half Of the British shipping. that all
vessels passing through the canal
whatever their flag or character, shall
be taken in1o account in fixing the
amount OF the tolls
Rega riding the Presidents contention
that the effect Of the British claims
would be 10 prevent the United Sta,es
from aiding It's own commerce IN
wa that all nations may freely do II
is said that this IS not so. Equal treat
ment as specified IN the treaty is all
that the British government claims
Ru- II does not follow that the United
States may not be debarred by the
treaty from granting 4 subsidy TO GER
tain shipping IN particular way. IT
the effect would be TO impose upon
British or other foreign shipping an
unfair share Of the burden of tho
upkeep 90 the canal or % create q dis
crimina don or prejudice to BRUSH
shipping rights. Therefore, Il = held
that exemption OF American coaStN4se
shiuping as well as of Panama ship
ping. clearly conflicts with the treaty
guarantees of equal treatment for Brit
ish and American ships. and that in
terests OF foreign nations would there
by be seriously injured in two re-
Specs. FIRST ia placing the entire cost
OF building the canal upon foreign
vessels. and. second. in placing Ameri-
can coastwise trade in preferential
position as regards other shipping.
In conclusion. Sir Edward reitefates
his governments assertion that the
provisions Of the canal act as to tolls
conflict with the British treaty rights,
and ADDS:
But they recognize that many per-
sons of note in the United states.
whose opinions are entitled 10 great
weight hold that the provisions o.
the act do not infringe the conven-
tionaI obi cations by which the United I
States is bound. and under these CIR
cumstances they desire 10 state their
perfect readiness TO submit the ques-
ton to arbitration If the government
Of the United States would prefer to
take this course. \ reference TO ar
bitration would be rendered unneces=
sarv If the government OF the United .
States should be prepared TO take
such. steps as woull remove the on
jections to the act which His Majesty
government have stated