Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-05-25
Canal Tolls Legislation.


folls-remission provision some Will thus
vote SOLELY because they think the pro-
vision violates the Hay-Pauncefote treaty.
some solely because of their hostility to
'Subsidies" and some solely because the
President as the recognized leader OF his
Marty requests or commands it. Before
the tolls-remission provision is repealed
on these diverse and contradictory
grounds, the Senate should put on record
In unmistakabe shape its opinion whether
or not tolls-remission to coaStwlse SHIPS
In in violation of the Hay-Pauncefote
treaty. II while a majority of the Senate
10 willing. for one reason or another, TO
repeal tolls-remission. Senate majority
Is also firm in the belief that such re-
mission does not violate the treaty, both
facts should be declared with equal
definiteness and equal emphasis for the
enlightenment of the world
10 Repeal of tolls-remssion if accom-
panied by this declaration of power to
remit would be robbed Of much of its
threatened evil results in the unnecessary
surrender of rights and powers of owner
ship in the canal. If there were coupled
with declaration of the lawful power to
remit declaration also of the lawful
power TO refund canal tolls to any or all
Of our ships. whether engaged in foreign
commerce or the coastinS trade. the
most serious danger threatened by repeal
would be averted. Whether We actually
RENTED or refunded any tolls could then
be decided solely on the familiar domestic
and economic considerations and preju-
dices: and would be free, unembar-
rassed. to determine. by Cancellation or
by direct arbitration with Great Britain,
the construction to be placed on the Hay
Fauncefote treaty, or to substitute q
Bryan-Spring-R Rice treaty in its stead.
t2) If there is no distinct majority of
the Senate for either the negative or the
Affirmative of the question whether tolls
remission violates the treaty, and if the
decision on this issue rests with senators
who are still in doubt on this point, the
natural course would be giving our
selves the benefit of the doubt until the
final verdict is reached) to suspend tolls
remission instead of repeating it and to
proceed at once to thrash out with Great
Britain the question of our right to re-
init tolls to our coastwise ships; and also
Of our right to refund tolls to any or all
our ships, whether engaged in foreign
commerce or in the coasting trade.
0 Additional light would be thrown
upon the motives prompting votes for
or against repeal If as a substitute for
tolls-remission to coastwise ships tolls
refunding to all our ships were proposed.
and the vote of the Senate upon the
proposition secured. To be sure Great
Britain suggested in its original protest
that even Understanding violated the
spirit of the Hay-Pauncefote treaty.
But to construe the American promise
Of equality under this treaty as meaning
not only the surrender of all exclusive
rights and privileges in the canal. but
the waiver of the right to refund tolls
which all other nations enjoy and will
In most cases exercise is to reduce to an
absurdity the theory of treaty construc-
ton of which this proposition is part.
AS a wise subsidy to foster and develop
our neglected merchant marine and for
eign commerce and to break down our
transcontinental railroad freight mo-
nopoly Understanding which may SUBJ
sidize all our ships will be more effective
than tolls-remission which applies only
to our coastwise ships.
The most natural legislation would
perhaps be suspension of the tolls
remission law. and the constitution of
an arbitration court composed of
American and British judges to settle
the legal questions at issue
II the repeal proposition has gained
too great Roadway to be converted
into suspension. pending arbitration,
then repeal should be accompanied by
IN unequiyocal clean-cut reaffirmation
of our legal right in conformity with
all applicable laws and treaties to
Pemit or refund the canal tolls, and
by the proposition of a special arbi-
tration court in which tn United
states and Great Britain alone are rep
resented to determine the specified
issues.