Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-01-24

the terms of the Hay-Pauneefote treaty
in its aspect as a rule of municipal law.
That. he says, would only become Il just
ground for complaint in the event that
the power was used against British ship
ping. 1T is the improper exercise of this
power and not it's possession, which alone
can give rise to an international cause
of action remarks the secretary.
Only when complaint is made by Great
Britain that British vessels actually have
been subjected to unequal treatment or
inequitable treatment. Secretary Knox as
serts, can the question be raised whether
the United States is bound by the Hay
Pauncefote treaty to collect tolls from
American vessels, and whether British
vessels are entitled TO equal treatment.
Until these objections rest upon some
thing more substantial than mere possi-
bility," he said. Il do not believe they
should be submitted to arbitration. =
Therefore the secretary holds that It is
now necessary to discuss questions of
facts which have not yet arisen. The
American note concludes as follows:
IT is recognized By this govern
ment that the situation developed Ey
the present discussion na. require IN
examination by Great Britain into the
facts above SGT forth as n the basis
upon which the tells liked ~ the Pres
ident's proclamation have been com
puted. and also into the regulations
and restrictions circpmscrihing the
ooastWise trade Of the United States.
as well as into other facts bearing
upon the situation with the view OF
determining whether 81 not, as a mat
ter OF fact, under present conditions.
there is any ground fnr claiming chat
the act ana proclamation actually
subject British vessels To inequality of
treatment. ~ to unjust and inequit-
able tolls
IF it should he found as u result of
such an examination on the part of
Great Britain that . difference of
opinions exists between the two gov
ernments on any of the important
questions of fact involved in this dis
cussion. then a situation will have
arisen, which, in thu opinion of this
government, could with advantage be
dealt with by referring the controver-
sy to commission Of inquiry for ex-
animation and report in the manner
provided for in the dnratiffed arbitra-
ton treaty of Aug. 3, 1911, between the
United states and Great Britain.
''The necessity for inquiring into
questions of fact in their relation to
controversies under diplomatic discus
sion was contemplated by both parties
in negotiating that treaty, which pro-
vides for the institution as occasion
arises of joint high commission of
inquiry to which upon the request of
either party. might BE- referred for i'm
partial and conscientious investigation
any controversy between them, the
commission being authorized upon
such reference to examine into and
report upon the particular questions or
matters referred to it, for the purpose
of facilitating the solution of disputes
by calculating the facts. and to define
the issues presented by such questions.
and also to include III its report such
recommendations and conclusions as
may be appropriate.
This proposal might be carried out.
should occasion arise for adopting it.
either under n special agreement or
under the ratified arbitration treaty
above mentioned. if Great Britain is
prepared to join in ratifying that
treaty which the United States is pre-
pared to do