The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1914-03-05
bORAH OPPOSES REPEAL
CANAL TOLLS LAW
TAKES ISSUE WITH PRESIDENT
SAYS THERE Is NO VIOLA
TON OF TREATY.

In an authorized interview, Senator
Borah of Idaho takes issue with the
president on the Panama canal tolls
question, insofar as American coast
wise ships are concerned, maintaining
that the granting of free tolls to AM
erican ships is not violation of the
-Pauncefote treaty with Great
Britain, and that the abrogaton Of
the present law would be anything but
credtable to the United States. In
discussing the question Senator Borah
says:
1T does not admit of discussion of
course that If we have entered into a
treaty with Great Britain by which We
have yielded up our right to direct our
domestic commerce, unfortunate as it
may be and remarkable as it certainly
would be, we must nevertheless live
UP to it. No one is urging that we
disregard our treaty obligations. But
we do not get anywhere by saying that
Nc must hive up to our treaty for the
whole question is what is the treaty
and what are it's terms. There are
those who have no doubt as to the
fact that the treaty does not inhibit
our relieving our domestic or coast
wise trade from tolls. While a nation
should not contend for things which
are not in treaty 1t is equally true
that it is our duty to stand firmly for
our rights as defined by the treaty. l
should favor standing by the treaty
but l am not at all in sympathy with
the maudlin sentimentality which
would resolve all mere questions of
doubt against us. 1t should not be for
gotten either that while it is not be-
coming for nation to advance speci~
Gus arguments to get out of a treaty
it is equally immoral for a nation to
seek to gain advantages I'm Ter trel' y
through specious reasoning or argu-
ment.
Should Prove Case Clearly.
Every presumption is that gov
eminent will observe its treaties and
when Great Britain charges that we
have violated our treaty she makes a
serious charge and the burden is up
on Great Britain to make out her case
distinctly and Enthusiastically. If a
man brings me into court and charges
that / have violated my contract the
burden is upon him. England utterly
fails to meet the required showing. The
most that she has been able to do. is to
raise a doubt as to the construction Of
the treaty, "A construction about, which
DISTINGUISHED jurists and publicists
have differed
But it is clear to my mind, taking
into consideration the history and the
language of the treaty, that our con-
tention for free tolls may well be JUS
titled and fully sustained. John Hay
was not unfamiliar with the use OF
clear and explicit language and must
be ranked among our great diplomats
1t is not at all probable that Hay
would have yielded up so important q
matter as control over our domestic
affairs and over what is now a portion
of our own territory. without making
clear his protest and he would have
only yielded to it under great neces-
sity. But the correspondence does not
disclose anywhere, so far as | have
been able to find, that Mr.. Hay ever
contemplated that he was doing this
thing.
Clayton BuIwer Treaty.
1.-THE late Clayton BulWer treaty
used language in regard to the equal
Ivy of terms between Great Britain
and the United States which could not
be and never was misunderstood. The
language in the old treaty stood for 90
years and no one has raised a question
as to the equality of treatment exact
ed by that language. This language
was to the effect that neither party
should have any advantage through
the said canal which shall not be Of
fered on the same terms to the citi-
Zens or subjects Of the other. There
can be no doubt as to what this Ian
.guage means And having this Ian
DlI W.