Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1912-08-22
President Taft Sends Special
Message to Congress on Point
Of Free Tolls.
WOULD LET COURTS DECIDE
Foreign Nations May Be Permit.
ted to Test Legality by Suits
on Favors Granted Am
erican Ships.

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 would also allow foreign nations
to test the legality of this provision by
suits in United States courts
| The President discussed the message
with senators and members of the House
and It's wording was finally decided upon
at meeting of the cabinet 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 tomorrow by committees of
both houses.
1t was the belief here tonight that n
determined effort will be made to meet
the Presidents wishes. although some
leaders, particularly in the House, were
inclined to believe that the message meant
no further action in regard to the canal
at the present session.
| Mr.. Taft explained that he was
anxious to sign the present bill but
wished to assure other governments
OF the spirit of fairness on the part of
the United states.
| EFFECT OF SUCH A STEP
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 SUI
preme Court over the Chinese exclusion
act was given as the authority for the
statement. His suggestion to Congress
| for additional Legislation designed to
prevent any such construction as that
OF the Supreme Court in the Chinese
case would allow foreigners to try
their cause in the United States courts
1t reads as follows:
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 to repeal
any provisions of the Hay-Paurcefote
treaty, or to affect the judicial con-
structfon thereof. or in any wise n i'm
pair any rights or PRIVILEGES which
nave been or may be ACQUIRED nv any
foreign nation under the treaties of the
United States relative to tolls or other
charges for the passage OF vessels
through the Panama canal. and that
when any allen whether natural nerson
| ''N'NiSHip' culHpdny or cOrDOratt
considers that the charging of tolls or
the enforcement of any other regulation
uhoer ana pursuant to the provisions of
thls act violates in any way any such
| treaty rights or privileges, such alien
snail have the right to bring an action
| against the United States for a redress
of the injury which he considers himself
TO have suffered. and the district courts
OF the United States are hereby given
jurisdiction to hear and determine such
cases and to decree the appropriate re-
lief, and from the decision of such dis.
trict courts there shall be an appeal bv
either party to the action of the Supreme
Court OF the United States"
NO DESIRE. TO REPEAL PAST.
This language" continued the mes
sage, negative absolutely any desire on
the part of Congress to repeal the Hay-
iathce1ote treaty. or to violate its pro-
visions by this legislation, and leaves
open 10 any person who deems himself
aggreived by the provisions of the act an
opportunity to appeal to our courts.
Il think the Importance of our standing
before the world as anxious to give to the
world an opportunity to test this question
In the courts, Is an earnest of our good
faith In attempting to keep within our
treaty obligations.
AFTER full examination of the treaty
ana OF the treaty which preceded 1t, / feel
| confident that the exemption OF the coast
wise vessels OF the United States from all
tolls and the imposition of tolls on vessels
OF all nations engaged in the foreign trade
| Is not violation OF the ay-Pauncefote
treaty. But distinguished lawyers in the
House and Senate differ from this con-
struction and the secretary OF State has
receive an informal protest from the
British government that the contemplated
legislation is a violation of her treaty
rights.
II am sure that It Is not the intention of
Congress to violate the Hay Pauncefote
treaty or to enact anything inconsistent
with its provisions and that 1t certainly is
not Its purpose to repeal. by subsequent
enactment the treaty. In so far as It
represents this law of the land 1t is of
the highest Importance. however, that
this attitude should be made clearly
known to the nations OF the world and
that We should avoid any apparent Justi-
fication for criticism"
The message after being read In the
House was referred to the interstate
commerce committee on motion Of Demo-
cratic Leader Underwood.
There Is no disposition on the part OF
the House leaders so far as they would
indicate tonight, to attempt to press a
resolution of the character of that rec
commended by the President Some of
them expressed the opinion that If the
President vetoed the bill the whole mat
ter would go over to the December ses
sion of Congress.
FUNERAL DIRECTORS MEET