The Birmingham age-herald., 1913-03-02
Insists That Case for Settle
ment Under the Hay
PauncefOte Treaty
Has Arisen
|KNOX TO LEAVE
ANSWER OF NOTE
TO HIS SUCCESSOR
England Intimates That There Is No
Time to Discuss Subject Further
Before United States Govern
ment Changes Hands.
No Full Reply Made

Washington, March 1.--Great Britain S
final word to the Taft administration on
the Panama canal tolls dispute. made
public today, insisted that a case for set
| tlement under the y-Pauncefote treaty
has risen. but suggested in effect that
there would not be time to discuss the
subject further before the United states
government changed hands.
Secretary of State Knox acknowledged
| receipt of this communication without
committing the state department to an
| answer. reserving to his successor the de-
cision of the question: of whether it is
proper to make such answer at all, or to
await another communication from the
British government continuing the argu-
| nent.
This latest British note, which was sub
| initted to Secretary Knox yesterday, III
stead of being a communication from Sir
| Edward Grey, the foreign minister, was
a set of observations by Ambassador
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 a hypothetical case and that there
was no reason for his protest in advance
OF the actual collection of tolls from Brit
ish ships, while American ships were al
lowed to pass free.
| The note follows
| No Full Reply
| Ills majesty's government is unable
| before the administration leaves office to
reply fully to the arguments contained III
your dispatch of the 18th uitimo to the
United States charge d'affaires at Lon
don regarding the difference of opinion
that has arisen between our two govern
ments as to the Interpretation of the
Hay-Pauncefote treaty, but they desire
me in the meantime to offer the following
observations with regard to the argu-
| ments that no case has yet arisen calling
70 rany 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-
tote treaty, because no actual injury has
as yet resulted to any British interest and
all that has been done os 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 Majestys gov
ernment feel bound to expires their
dissent. They conceive that interna-
tiohal law or usage does support the
doctrine that the passing of a statute
IN contravention of treaty right af-
fords no ground of complaint for the
infraction of that right, and that the
rights have so been infringed or
brought into question by a denial that
they exist, must. before protesting and
seeking a means of determining the
point at issue wait until some further
action violating those acts is a con-
crete instance has been taken which in
the present instance would, according
TO- your argument. seem to mean until
tolls have been actually levied upon
British vessels owned by citizens of
the United States. have been exempted
The terms of the proclamation is
sued by the President fixing thee canal
tolls and the particular method which
your note sets forth as having been
adopted by him, in his discretion
on given occasion for determining
on what basis they should be fixed, do
Hot appear 10 his maJeSty'S government
to affect the general issue as to the
meaning of the Hay -Pauncefote treaty
which they have raised.
Inconsistent With Treaty
In their view the act of Congress.
when 1t declared that no tolls should
be levied on ships engaged in the
coasting trade of the United States
and when, in further directing the
President to fix those tolls within GER
tain limits, it distinguished between
vessels of the citizens of the United
states and other vessels, was in itself
and apart from any action which NAV
be taken under 1t. inconsistent with
the provisions Of the Hay Pauncemote
treaty for equality of treatment be-
tween the vessels of all nations. The
!exemption referred to appears to his
ma1esty's government to conflict With
the express words of rule ! of trticle
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