The Washington herald., 1913-01-24

y IS PREMATURE
Continued from Page One.

States and Great Britain. which failed
in the United States Senate.
1t is understood that Secretary Knox
was impelled to make this proposal oil
investigation and report on the facts in
the case, which may hereafter remain In
dispute, by the fact that the present
arbitration treaty expires by limitation
on June 4 next. Mr.. Knox offers TO carry
out his proposal OF investigation by
Joint high commission, either through a
special agreement or under the general
arbitration treaty recently ratified by the
Senate. In other words, Mr.. Knox pro-
poses. in order to meet the present emer'
gency, to exchange ratihcations, IL Great
Britain is willing, of the remains of the
general arbitration treaty which Presi'
dent Taft sent to the Senate a year age
and which emerged from that body with
most of its vital parts missing.
The idea of a joint high commission
to investigate international controversies
preliminary to submitting them. to arbi'
tration was the distinctive new feature
OF the Taft arbitration programme. The
Senate left this feature untouched in 80
far as it provided for an inquiry by the
commission and \ mere report on the
facts in controversy, and this is as far
as Secretary Knox proposes TO 60 al
this time. Obviously, Mr.. Knox believes
that an investigation OF this character
will result in convincing Great Britain
that she has no ground for seeking arbi-
tration. Secretary Knox's present propo-
sition is designed therefore to clear the
air or at least narrow down the points
at issue II Is the first practical applica-
ton by him Of one OF the big principles
contained in the general Taft arbitration
programme
The joint high commission. IL one should
be organized under the recent treaty
with Great Britain, might be made up
of three nationals from each country or
otherwise constituted as agreed upon by
the parties to the dispute.
Demonstrates sincerity.
State Department officials believe that
Secretary Knox's offer will demonstrate
the sincerity and good faith Of the United
States, even though this government
holds that suggestions of arbitration are
at this time premature.
Coming down to the only two points
which Mr.. Knox believes his note will
leave in dispute, he says:
when, and IL, complaint is made by
Great Britain that the effect OF the act
and the proclamation together will be to
subject British vessels, as a matter OF
fact. to inequality of treatment, or to
unjust and inequitable tolls in conflict
with the terms OF the Hay-Pauncefote
treaty, the question will then be raised
as to whether the United States is bound
by that treaty both to take into account
and to collect tolls from American ves-
sells. and also whether under the OBJ
legations of that treaty. British vessels
are entitled to equality OF treatment In
all respects with the vessels of the
United States. Until these objections rest
upon something more substantial than
mere possibility II is not believed that
they should be submitted to arbitration.
1t Is not now deemed necessary, there
fore. to enter upon a discussion of the
views entertained by Congress and by
the President as To the meaning of the
treaty in relation to
questions of fact, which have not yet
arisen. but may possibly arise in the
future in connection with the administra-
ton Of the act under consideration"
Suggests Investigation.
Mr.. Knox then makes his proposal of
4 joint investigation of the facts at issue
provided that Great Britain still con-
Iinues to differ with the United States
after further examination OF the situa-
ton. The Secretary says:
1T is recognized by this government
that the situation developed by the pres
ent discussion may require an examina-
ton by Great Britain into the facts
above set forth as to the basis upon
which the tolls fixed by the Presidents
have been computed, and
also into the regulations and restrictions
the coastwise trade OF the
United States, as well as into other facts
bearing upon the situationi with the view
of determining whether or not, as a mat
ter Of fact, under present conditions.
here Is any ground for claiming that
HE act and proclamation actually sub
Iect British vessels to inequality of
treatment or to unjust and ineQuitable
oils.
III it should be found as result of
such an examination on the part Of
Great Britain that a difference of opinion
Exists between the two governments on
my of the important questions of fact
involved in this discussion. then a situa-
ion will have arisen which. in the opIn-
on OF this government. could with ad-
vantage be dealt with by referring the
to a commission of inquiry
or examination and report, in the man
Ter provided for in the unratified arbi-I
ration treaty of August 3. 1911, between
he United states and Great Britain.
THE necessity for inauiring into ques-
ions of fact in their relation to contro-
fersleS unOer OiplOfndtlC uiscusslOn was
by both parties In nego-
iating that treaty. which provides for
he institution, as occasion arises. of a
oint high commission OF inquiry. to
which, upon the request OF either party,
night be referred for impartial and con-
cientious investigation any controversy
'etween them, the commission being au-
horized upon such reference to examine
nto and report upon particular questions
" matters referred TO II. for the purpose
# facilitating the solution OF disputes
~ calculating the facts and to define
he issues presented by such questions,
nd also to include in its report such
recommendations and conclusions as
nay be appropriate
This proposal might be carried out.
hould occasion arise for adopting Il. |
ither under a special agreement, or un-
er the unratihed arbitration treaty. |
bove mentioned. II Great Britain is pre- |
ared to, join in ratifying that treaty, |
fhich the United States is prepared to |
1