South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-04-09
Massachusetts Senator is Au-
thOrity on Treaty = Re-
views Hay-PaunCefote Ne
gOtiatiOnS.
REPUBLICANS BEHIND
PRESIDENTS POLICY
Declares in Speech That u. S.
is Not Forced to Charge
Own Ships Toll For Canals
Use.

WASHINGTON. April 9.-Fuu sup
port for President wilson's campaign
to repeal the free tolls clause OF the
Panama canal act was pledged 10y
Senator Henry Sabot Lodge OF AIassa-
chusetts, in the senate today. lie de-
livered the first of a series OF speech
es in which republican senators viii
indorse the administration action.
The senator declared, however, that
the Hay -PauncefOte treaty was not
barrier to exemption OF American
ships from the payment OF tolls anu
! this point was Immediately noted Dy
opponents Of repeal.
Z am of the opinion that under the
Hay-Pauncefote treaty we have
legal right 10 exempt our own YES
sells. no matter what they are en-
gagged in" said the senator. The
existence of a right and Its exercise
are two different things Either as
individuals or as nations We may
possess certain undOubted rights. and
yet it might we'll be that il would be
the height Of unwisdOm To exercise
them In this case IL appears 10 me
that it would be most unwise to eN-
ercise the right OF eXempting our
own vessels from tolls. especially be-
cause we have the right to do So.
Had Charge of Treaty.
The declaration that the l.. =. mas
the right 10 exempt its vessels from
tolls. no matter In what trade they
may be engaged, was OF vast import
ance because Senator Lodge had
charge of the Hay-Pauncefote treaty
during its course through the senate
and is accredited with knowing, as
well as any man knows, precisely the
considerations that led 10 its ratih-
cation ami the decisions that were
reached regarding disputed points
that rose in debate.
The Clayton-Bulwer treaty" said
Senator Lodge, the fOrerunner OF the
present treaty and was guilty Of that
worst Of diplomatic errors which con
sists in escaping an immediate diff
Guilty by disregarding the contingen-
cies which might, and IN this case,
were certain 10 arise.
This treaty was abrOgated and
substitute was proposed in the form
Of the first Hay-Pauncefote treaty
which, following too closely the terms
Of the Suez canal treaty, contained
provisions" said Senator Lodge,
(which the senate Of the L. :. very
properly declined TO accept. The
gravest error was a repetition or one
of the mistakes OF the Clayton-Bul-
wer treaty in inviting the nations OF
Europe to join with us in guarantee
ing the neutrality Of the canal Such
a provision was not only an abandon
ment Of the Monroe doctrine, but was
even worse. It disregarded entirely
our national policy OF preventing in
reference by Europe in American af-
fairs"
Inserts Provision.
The senate inserted a specific pro
vision that the new treaty should
completely supersede the Clayton
Bulwer treaty and this, said Senator
Lodge, was the direct cause Of Eng
lands refusal to accept the senate's
amendments 10 the treaty. The sec
Ond Hay-PauncefOte treaty contained
all the senate amendments. said Sen
ator Lodge. This is the treaty now
in force.
Il took the view then" said Senator
Lodge, that under the terms Of the
treaty Of November is, 1907, the l..
$. was at liberty 10 exempt fits own
vessels Of commerce from the pay
ment OF tolls. If it saw tit 10 do 50
and I voted against the Bard amend
ment. which made this right explicit
because ] thought IL needless.
Doesn't Include L. :.
The term "all nations" in the Hay
Pauncefote treaty does not include
the L. S, In the opinion OF Senator
Lodge.
My reasons for taking this view"
he said, "are that this article in the
Hay-Pauncefote treaty is O. contract
with Great Britain and as embodied
in the treaty with Panama became "a
contract with all the world by which
the builder and owner Of the canal
fixes the terms upon which it grants
the use Of the canal 10 all other ma
tions. AS Mr.. Olney in his argument
mas pointed out the treaty in tbs re-
spect was needed for that purpose
only because d. was not necessary To-
fix the terms upon which the L. s.
and its citizens could use the canal
inasmuch as It's use by the citizens or
the 7. s. without tolls or otherwise
as the T. :. might determine was a.
necessary incident or the ownership
Of the canal. 1 also agree with Ar
Olney in the proposition. which he
states in q manner beyond improve.
ment. that il cannot reasonably be
argued that in fixing the terms Tor
use OF its canal by customers thu T.
:. looked upon itself as one of the
customers
Would save Right.
Insisting that there is an honest
dispute between men" over the con-
and that the United States should not
prejudice its case and surrender ia
claimed rights without judicial inter-
pretation, Senator Norris appeared be-
fore the senate committee on inter-
oceanic canals 20 urge the adoption
cf his amendment to the pending re-
real bill