The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-05-09
Concerning the Obligations Of 8
Canal " Sovereign"

Concerning the obligations Of u
Canal " Sovereign
.Senator O'GoRMAN's appeal Ia the
Baltimore platform of 1912 rs the su-
preme law which should govern his
vote aud conscience In the matter Of
canal tolls and which in his opinion
supersedes and overrides and utilities
any previous legislation or contract or
covenant In the form Of n treaty would
he amusing IL il did not denote u de-
plOfnble state of mind. We pass II by
In silence and in mercy.
There Is only one proposition or con
tention in the Senator's speech which
seems worthy of serious treatment.
That is the new idea. suddenly popular
among the advocates of dcadhcad pas
sage through the canal for American
cOastwise vessels. that in some mysteri-
Gus way our obligations under the Hay
Pauncefote treaty Of 1902 were wiped
OF the slate when we acquired sover-
eighty or quasi sovereignty over the
canal zone by the Hay Bunau Varilla
treaty of 1903 with Panama. In the
unofficial report Of Judge OGoBMAN's
speech this argument is summarized
"That the canal has been constructed
exercises the power of sovereignty, while
tho canal contemplated by the treaty was
to be built on alien soil. and therefore the
Hay-Pauncefote treaty is inapplcable.'
Almost simultaneously with its enun-
citation by Judge O'GORMAN this extraor-
binary proposition was advanced in a
letter to The Sun by Mr.. BAINBRIDGE
COLBY, a lawyer and politician Of this
town. We print Mr. CoLBY's communica-
tion with pleasure, although candor
cOmpels us to describe II as disclosing n
cOcksure judgment combined with intel
ligence of somewhat loosely reticulated
fabric. lie appears. like Senator O'GoR-
MAN, to regard the third article of the
treaty with Panama as Of great impor-
tance in support of the case for tolls
exemption. Mr. Colby also seems Ia
suspect "the pro-repeal papers Of con-
spiring to keep the aforesaid article
from the knowledge of the public. and
he chuckles quite audibly between the
lines of his invitation to TIL SUN 10
reproduce il. We do so:
ARTICLE III
1.-THE Republic of Panama grants 10 the
United States all the rights. power and
authority within the zone mentioned and
described in Article IL. OF this agreement
and within the limits OF all auxiliary lands
and waters mentioned and described In
said Article ii. which the United States
would possess and exercise If it were the
sovereign of the territory within which
said land and waters are located to the
entire exclusion of the exercise by the Re
public OF Panama Of any such sovereign
rights. power or authority"
Mr.. BAINBRiDGE Colby shares with
the Hon. JAMES 4. OGORMAN the deu-
sion that in some manner not clearly
indicated by either gentleman this ac-
QUESTION from Panama in 1903 of the
rights, power ana authority Of sover-
eighty annulled any obligation 10 fulfil
any contract or promise to Great Brit
ain contained in the previous treaty oi
1901 with that Government The fact
OF sovereignty somehow wipes out pre-
vious debts of international honor
This is different canal from that IL
which the Hay l'aunccfole treaty re
lated" says Senator O'GogMAN to the
same American Senate which ratified
that convention between twelve and
thirteen years ago. print Article III
OF the Panama treaty if you dare" says
l'..Iu in, s',ilI AL
then ask yourself how the United
states Government can be hound In any
way with respect TO Its action IN terri
tory over which it L. now the sover
eign or practical sovereign.
The astonishing thing is that neither
Senator Ot,ORMAN nor our interesting
amateur statesman percelyes that thu
grant of sovereignty from Panama, in
stead of cancelling The previous obliga
lions recorded in the liay-Pauncefot'
treaty, specifically and explicitly con
Arms and l@rpe!uai"s those obligations
In fact the exact performance by Us %
the stipulaiions Of the lIay-Pauncefot,
treaty is made by the Hay. Bunau Nn
rilla treaty the condition Of the gran
Of the rights. power and authority .
sovereignty.
Is IL possible that the senator From
New York and the engaging youn;
jurisconsult who has fa,orrd TIN Su'
with his Views are alike ignorant u
the existence Of an Article NNllI II
the same sovereignty confcrrng trent.
from which they quote win such ia"il
fly II" Artcl" III. printed ahoNct
"ARTl'IE NNliI
"'rnn rhmuL Mhan ,nmslrnrirh md III