Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-03-02
KNOX RECEIVES NEW NOTE
Ambassador Bryce the Author of the
Latest Rejoinder.
HOPES FOR EARLY SETTLEMENT
Desired That Issue Be Settled Before
Great Waterway Is Opened That
There Be No Friction.


under the Hay-Pauncefote treaty has
arisen, but suggesting In effect that there
is not time enough left for discussion
before the United States government
changes hands. Great Britain sent her
final word on the Panama canal tolls
dispute to the Taft administration yester-
day.
Secretary of State Knox acknowledged
receipt of this communication without
committing the State Department to an
answer. reserving to his successor the
decision Of whether it is proper to make
answer at all. or to await another COM
munication from the British government
continuing the argument
This latest British note. which was
submitted to Secretary Knox yesterday,
instead of being communication from
Sir Edward Grey, the foreign minister.
was set of "observations" By Am
bassador Bryce.
The ambassador explained his reasons
for submitting at this stage an objection
to the contention in the last American
note that Sir Edward Grey was arguing
hypothetical case and that there was
no reason for his protest In advance of
the actual collection of tolls from British
ships, while American ships were allow
ed to pass free.
Text of the Note.
The note follows:
His majesty's government are unable
before the administration leaves office to
reply fully to the arguments contained in
your dispatch of the 18th ultimo to the
United States charge d'affaires at Lon
don regarding the differences of opinion
that have arisen between our two gov
re an fn 10 MT otot of tba
Hay-PauncefOte treaty. but they desire
me in the meantime to offer the following
observations with regard to the argument
that no case has Yet arisen calling for
any submission to arbitration Of the
points in difference between his majesty's
government and that Of the United States
on the Interpretation of the Hay-Paunce-
fote treaty, because no actual injury has
as yet resulted to any British interest
and all that has been done SO far is to
pass an act Of Congress under which ac-
tion held by his majesty's government to
be prejudicial to British interests might
be taken.
From this view his majesty govern
ment feel bound to express their dissent
They conceive that international law or
usage does not support the doctrine that
the, passing of a, statute In contraveHtion
of a treaty right affords no ground of
complaint for the infraction Of that right,
and that the nation which holds that it's
treaty rights have been so infringed or
brought into question by a denial that
they exist must, before protesting and
seeking means of determining the point
at issue. until some further action violat-
ing those rights in a concrete instance
has been taken which in the present in
stance would. according to your argu-
ment. seem omean. until tolls have been
actually levied upon British vessels from
which vessels owned by citizens Of the
United States have been exempted.
Meaning of Treaty.
''The terms Of the proclamation issued
by the President fixing the canal tolls, and
the particular method which your acts
set forth as having been adopted by him
in his discretion. on a given occasion for
determining on what basis they should be
fixed do not appear in his majesty's gov
ernment to affect the general issue as to
the meaning Of the Hay-Pauncefote treaty
which they have raised. In their view the
act OF Congress; when it declared that no
tolls should be levied on ships engaged I'm
the coastfng trade of the United States
and when. in further directing the Presi-
dent to fix these tolls within certain lin
its II distinguished between vessels of the
citizens of the United States and other
vessels. was In itself and apart from any
action which may be taken under it, in
consistent with the provisions of the Hay
Pauncefote treaty for equality of treat
ment between the vessels of all nations
The exemption referred to appears to his
maJeStys government to conflict with the
express words of rule 1 Of article 3 of the
Hay-PauncefOte treaty, and the act gave
the President no power to modify or dis
continue the exemption.