White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1912-10-06

of citizens then upon the Isthmus of
Panama.
IF / am rightly informed, congress
has already construed that treaty.
Where a treaty or a contract or a
where it is ambiguous, those upon
whom devolve the function and duty
of its Interpretation have a right to
take the practical construction
by the parties to the contract,
for the purpose of making
that certain which was uncer-
tain, and that definite which was
indefinite; and congress, exercising
its power TO legislate owe territory
of the United States, if | am advised
correctly and if l am not l trust
some senator will call my attention
to the error=has already said that
that territory shall be upon a strip
of land coded by Panama under the
Iicaiy. MI OnS NOiu udo pecH
heard in protest from the British
government against the act of this
government in SO terrifying the canal,
Notwithstanding in the original trea-
ty, involving the Nicaragua route,
they said they objected to fortifica-
tons upon the canal route because
the parties thereto had no power to
dispose of that territory and it was
not within the jurisdiction of either
of the ~signatory powers"
The senator then took up the
broader question of possible vested
rights under existing International
agreements. He said in dealing with
the Hay-Pauncefote treaty:
Il propose, senator's, If possible
and ! believe 1t is possible under well
established rules of legal construc-
ton. rules founded upon justice, APP
proved by the judgment of the
Anglo-Saxon race in the administra-
ton of equity-to eliminate, SO far
as this bill is concerned, absolutely
and unqualifedly the Hay-Paunce-
fote treaty. In other words, l pro-
pose to address myself to the propo-
sition that, so far as American rights
are concerned. SO far as American in
terests are involved, and in SO far as
the congress of the United States,
with the approval of the executive,
is concerned, the Panama canal as
nearly constructed is not within the
terms of the Hay-Paueefote treaty
and is not governed thereby, and that
congress has absolute power for the
purpose of legislating not only in a
discriminating way in favor of Am
eriean shipping and in so far as 1t
may beside, to regulate the tolls of
other nations, without regard to any
of the terms or conditions of the
treaty which has been so ably dis
cussed by the senior senator from
Kentucky, Mr.. Bradley.
"A treaty, as was well said by the
senator from Kentucky, is a mere
compact between nations concerning
matters over which the respective
sovereignties to such treaties have
power to contract; and when those
treaties we're made they stand at the
bar of the civilized world as the
rights of individuals stand. where
construction and Interpretation are
necessary; and they must be con
trolled by the same rules of con-
struetion, upon just and equitable
grounds, as the rights of individuals,
and must be determined in so far as
rights under a contract may be ex-
tended or limited.
Il call the attention of the senate
to the fact that this treaty was made
by the British government. 1t was
signed by the high officers of the
British crown in contemplation of
the construction of a canal by the
Nicaragua route. upon foreign
territory, and under conditions
of sovereignty as to which
neither Great Britain nor the
United States Could dispose of.
She therefore objected to an amend
ment which gave TO the government
of the United States the right of de-
Tense and it was never considered or
never thought of or dreamed of; and
as suggested by the senator from
Kentucky, the American people
would never have tolerated the idea
that upon American territory this
government, through any officer,
would surrender the right of self-de-
/ fonga IA t4naa af uro,. T6nxr xt.r.