New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-03-02
BRITISH PANAMA REPLY
MADE PUBLIC BY KNOX
Act of Congress Granting Free
Tolls Held To Be Ample
Ground for Arbitration.
OBSERVATIONS BY BRYCE
Secretary Leaves Question as to
Whether an Answer Should
Be Made to His
Successor.

From The Tribune Bureau
Washington. March 1.-The Secretary Of
State made public this evening the text Of
the rejoinder OF the British Foreign
Office to the reply OF the Department OF
State to the formal protest OF Great Brit
ain against granting free tolls 10 Ameri-
can coastwisc vessels using the Panama
Canal. The contents OF the rejoinder were
fully outlined I'm The Tribune this morn
ing
The note announces that the British
government will be unable before the
Taft administration expires Ia reply fully
TO the arguments contained in Secretary
Knox's note OF January II regarding the
differences OF opinion as 10 the interpreta-
ton Of the Hay Pauncefote treaty. The
contention Of this government that Great
Britain Is protesting before any actual
injury has yet resulted" and that. there
fore. there ia nothing To arbitrate. IS
firmly controverted.
II is gently insisted that the act Of
Congress permitting free tolls IL ample
ground for arbitration. as the action was
Inconsistent with Great Britain's treaty
rights. and II Is urged that before and
not after friction has occurred Is the
proper time for arbitrating a difference
involving the construction of treaty.
Secretary Knox acknow lodged receipt OF
! this communication without committing
| the State Department 10 an answer, re-
serving to his successor the decision OF
| the question of whether II is proper 10
make such answer At all or 20 await an
other communication from III. 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 a set of observations by Ambassa-
dor 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 allowed to pass free.
| The British Note.
| The note follows:
| Ills majesty's government Is unable
before the administration leaves office to
reply fully to the arguments contained
in YOUR dispatch of the nth utimo to the
United States Charge d'Affaires at Lon
don regarding the difference or opinion
that has arisen between our two govern
ments as to the Interpretation OF the
Hay Pauncefote treaty but they desire
me In the mean time to offer the follow
ing observations with regard TO the argu-
ment that no case has yet arisen calling
for any submission to arbitration OF the
points in difference between his majesty $
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
action held by his majesty's government
to be prejudicial to British interests
might be taken.
From this view his majesty's govern
ment feels bound to express its dissent.
II conceives that international law or
usage does not support the doctrine that
the passing of a statute in contravention
or q treaty riBnt dhoi"S ~" o'o" ="
complains for the infraction or that
right. and that the nation which holds
that its treaty rights have been so IN
fringed or brought into question by
denial that the yexist must, before pro-
testing and seeking means or deter
mining the point at issue. walt until
some further action violating those rights
| f., . concrete instance has been taken,
which in the present instance would. ac-
cording to your argument seem to mean
until tolls have been actually levied upon
British vessels. from which vessels
owned by citizens of the United States
have been exempted.
General Issue Not Affected.
THE terms OF the proclamation issued
by the President fixing the lanai tolls,