The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-08-20
SPECIAL MESSAGE
FROM TAFT ON THE
PANAMA CANAL BILL
Would Allow Foreign Ma
tiOns to Test Legality
of Provision
EXPECT BILL TO GO
OVER TILL DECEMBER
Taft Is Anxious to Sign Bill, But
Wants to Assure Other Nations of
American Spirit of Fairness
in the Matter


Taft closed a 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 which also would
allow foreign nations to test the legal
ity of this provision by suits In the
United States courts.
: The President discussed the message
with senators and members of the
House and its wording finally was de-
cided upon at meeting of the cabinet
which began at luncheon time and last
ed until late In the afternoon. The mes
sage was read in Congress soon after
ward and will be taken up tomorrow by
committees of both houses
1t was the belief tonight that de-
termined effort will be made to meet
the Presidents wishes, 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 anx-
ious to sign the bill but wished to as
sure 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 su-
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 construction rs that
of the supreme court in the Chinese
case 1t reads as follows:
The Presidents Suggestion
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 70 repeal ap9
provision OF the Hay Hauneef"tc
treaty. or to affect the judicial con-
struction thereof, or in any wise 70
impair any rights or provisions 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 ves-
that when any alien whether natural
person. partnership, company or cor
poration, considers that the charging
of tolls or the enforcement of any 9th
er regulation under and pursuant 10
the provisions of this act violates In
any way any such treaty rights or
provisions, such alien shall have the
right to bring action against the Unit
ed States for redress of the injury
which he considers himself to have suf-
fered and the district courts OF the
United States are hereby given Juris-
diction to hear and determine such
cases and to decree the appropriate re-
lief and from the decision of such dis
triet courts there shall be an appeal
by either party to the action to the
supreme 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 pro-
visions by this legislation, and leaves open
10 anv person who deems himself ag-
srieved by the provisions of the act. an
opportunity to appeal to our courts.
World May Test Question
Il think the Importance Of our standing
before the world as anxious to give to
the world an opportunity to test this ques-
tion in the courts Is an earnest OF our
good faith in attempting to keep within
our treaty obligations
After full examination of the treaty
and of the treaty which preceded II,
feel confident that the exemption oil the
coastwise vessels Of the United States
from tolls and the imposition of tolls on
vessels of all nations engaged in the for
eian trade is not violation of the Hay
PaGncefote treaty. But distinguished
lawyers in the House and Senate differ
from this construction, and the Secretary
Of state has received an informal pro-
test from the British government that the
contemplated legislation is Nloidtioi VI
her treaty rights.
Il am sure that 1t is not the intention
OF Congress to violate the Hay-Paunce-
fote treaty or to enact anything neon
sistent with its provisions, ana that II
. certainty is not its purpose to repeal, py
subsequent enactment, the treaty, insofar
as it represents the law 1t Is OF the
highest importance. however. that this at
. titude should be made clearly known TO
the nations of the world and tnat we
should avoid any apparent Justification
for criticism
Expect Bill to CO Over
The message, after being read in the
House, was referred to the interstate COM
merce commission ON motion of Demo-
cratic Leader Underwood. That commit
tee has adjourned for the season, and
(nalflid1 tHuerWoOu sought 10 nave lue
bill left on the speakers table. but the
House Immediately voted otherwise. TITS
gone to bed SO far as the House is con-
cerned." was Mr., Adamson's remark. He
added that he had not been able to COM
mand quorum of his committee for the
last three weeks There is no disposition
on the part of the House leaders so faI
as they would indicate tonight to attemp
to press a resolution of the character o.
that recommended by the President. Their.
was an informal conference between Rep
resentative Sherry of Kentucky vhs
talked with the President on the sub
jects, and others who have taken a prom
inent part in Panama legislation in th,
House. and the sentiment expressed wal
that there would be no further legsa
tion. and that II the President vetoed th'
bill the w hole matter would go over to tn,
December session of Congress.
ua