El Paso herald. (El Paso, Tex.) 1901-1931, 1913-02-12

I 10 De Guar Gu SLtpS passing LuIOue
; the Panama canal a. $L2O a ton That
/ is, all ships are to be charged at this
I rate except those ships bearing the
! American flag being engaged in the
] OcaSJWise trade Such ships are to pass
/ toll free 'COaStTlSe trade means Jha {
I shipping trade that IS carried on eNclu-
! sively between two or more ports Of
J the United States The law for many,
many years has given q monopoly Of
( all such cOastwise trade to American
| ships.
Treaty With England.
Now i happens that many years ago
when canal from the Atlantic to the
Pacific was proposed, TO be constructed
by private enterprise. the United States
entered into treaty whit Great Brit
ain for n purpose Of making any such
private canal neutral il sovereignty
and control, and for the further purpose
on the American part of maintaining
the Monroe doctrine. At that time, d
course, the only right the American
government had in Central America was
the doctrine Of the United States that
no European nation should acquire ter
rltOry in the Americas. That treaty,
known as the Clayton BuIwer treaty,
provided among other Things that the
canal should be open to the niteG
States and to Great Britain and 20
such other nations as should agree to
! the terLas Of the convention on terms
OF equality.
Equality to All Nations.
When the United States later decided
to construct the canal as a national
undertaking, it was discovered that the
( Clay ton-BulWer treaty gave England
rights that were too inclusive, now that
the canal was to be a governmental and
not private enterprise. Therefore, a
new treaty, known as the Hay-Faunce-
Tote treaty, was negotiated in COnsid-
eraIlOn OF the aDrOgatlOn Of GreatBrlt-
ain Of its rights and privileges under
the old compact This last treaty pro-
vlded in so many words that the canal
should be open on terms "Of entire
equality to all nations"
The entire controversy in its inter
national aspect hinges upon the con-
struction of this phrase If all ma
tons includes The United States, then
the official american contention is
wrong and the British contention is
right For Great Britain insists that
the term AL nations" includes the
United States and that president Taft's
action, based upon the act of congress,
in eXempting cOastwise American ves-
sells from the payment Of tolls is in Vi
OldtOn Of the treaty.
Contention of Americans.
Many Americans say that the C-nal
was built with American money aad
that the Americans may % as they
please with it. Many other Americans
insist that a solemn treaty obligation
IS an honorable compact that may rot
be set aside lightly and without the
consent OF the other party to the con-
IracJ-they believe that in granting
free tolls to American ships IN the
coastwise trade the president and con-
greSS have dishOnOre0 the American
nag and have brought the American
naIlOn into disgrace still others be-
neve that even IL there were no treat
with Great Britain that the exemption
OF the cOastwise vessels from the pay
ment OF tolls IS an unWarranted sub
sidy, since these vessels already have,
by law, an absolute monopoly of the
trade in which they are engaged.
Taft Suggested Exemptions.
n
canal doomed into sight, Col GOethals.
the chief engineer Of the canal. ad-
V1Sed the president that II was time for
congress to enact a law fixing the tolls
on the c5nal and providing a perma-
nent organization for its operation.
he stated that il would require two
or three years for shipping and ship
ping routes to be readjusted, and that
II we were going TO nave business for
the canal as soon as it was ready 10
handle that business. legislation should
b enacted as early as possible
With this in mind, president Taft
asked congress for a law regulating
the matter Of tolls. He recommended
that these tolls should be levied on all
shipping, whether it be American or
foreign, COaStygiSe or otherwise Later
Mr.. Taft chaRged his mind on the sub
ject and in "A private communication
TO the committee on Interstate and for
elgn commerce Of the house OF repre-
SentattVes delivered through secretary
he recommended that coast
wise shipping be exempted. However,
the Democratic committee repOrtd in
favor OF tolls on all shipping. The DEM
ocratS were in a majority, but when the
bill was voted on 2 few Democrats
Joined the Republicans to accept an
amendment by Mr.. DOrenIus, OF AIchi-
gan. a Democrat, eXempUnS cOastWise !
traffic from charges for tolls.
Object to Exclusive Control
Those who advocated the exemption
OF coastwise shipping from the pay
raf ~nHH -H-1 H,-@
rights England had under the Hay
pauncefOte treaty, they could not be
lmp1nged upon By an exemption OF
coastWise shipping, since England has
no interest whatever IN that, and since
English ships were excluded from
handling il.
But England did not agree The Brit
iSh said that when the United States
wished 10 undertake the building of the
Panama canal ii came to Great Britain
and asked his maJesty'S government to [
some of the rights it had [
under the ClaytOn-BulWer treaty, which J
had been in effect for so years. One I
Of the things that had to be got rid
Oh was the agreement that neither gov I.
should ever obtain or main 4
tain for itself any exclusive control /
over the canal. Another thing forbid I
len by the Clay on Bulwer treaty was
the right OF fOrtifying the canal. Eng /
and, also, under that treaty. had the 4
light OF assisting in the protection Of !
he canal
Claim Rights of Old Treaty.
1t was desirable, when the United I
states determined to build the canal as i
/ government undertaking, that these /
treaty agreements should be amended /
and so the secretary Of state. John Hav
negotiated a treaty amending them 1
With lord PauncefOte, the British am
lassaGOr.
1t is under this treaty, read in the
light of the one whose place il took
hat Great Britain insists that its ships
II particular, and those Of the nations
II the earth in general, shall be accord
ID the same treatment that we accord !
'ur own. The British claim that these Z
NNO treaties give them the right to ev-
ry advantage for their shipping that I
We claim for our own. and that There I
ore, not even american CCastyy-ise shin |
ing can be exempted from canal tolls |
Without violating the treaty OBLIGATIONS
inferred into in the CLAYTON Fuly-eT ]
reaty and reaffirmed in the Hav-
'auncefOte treaty.
British Firm In stand
The British protest against the canal
aW makes numerous admissions as to
Inat the United States may do under
ne letter OF the law, but at the same
ime asserts that these things would be
2 direct cOntrayenUOn of the shirt Of (
ne ay-Pauncefote treaty At the
anne time, the British government
lands firmly on the ground that the
n-E fra D