New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-03-16
The HAY-PAUNCEFOTE TREATY
Toll Discrimination Is Supported De-
spite the Prohibitory Language.

TO the Editor of The Tribune.
Sir: The question is not as to the vio-
lation OF the treaty at all, but a. e the
Interpretation Of the clause which re1os:
"'rhe canal shall be free and open 8.
of all nations observing these rules on
terms OF entire equality, so that there
shall be no discrimination against an
such nation
As it stands, the clause is ambiguous
and open 70 two interpretations, an ex.
elusive and an inclusive one, according
10 the bias Of the reader. The British
sax it should be interpreted to read "Al
nations, including the United States The
United States Senate says: "All other "a
tons"
1t is an elemental principle Of law thai
an ambiguous contract must be so Inter
preted as TO do equity between the parties.
The British contention binds our hands
as to our own property coast and ocean
marine), and does not put correspond
ing restriction on the British, and is,
therefore, unfair and inequitable. In the
pertinent words of President Taft, 1T leads
to the absurd conclusion that this gov
eminent. III NOilSlFutlillE Ait NdAAiit AtfhAiA-
tanning the canal and defending the canal,
finds itself shorn of the right to deal with
it's own commerce IN its own way, while
other nations using the canal i'm compe-
ttion with American commerce enjoy that
right and power unimpaired." The very
language of the clause shall be no dis
elimination against" puts the United
states (the owners OF the CanaD on one
side 10 do the discriminating and the
discrimination.
Our Interpretation treats them equitably
and does them no injustice. pecuniary or
otherwise. It does not even increase their
tolls. since the toll rate is fixed far below
the operating cost. Their Interpretation
puts them, who have paid nothing. on a
par with us who have paid more than
$500. 100000, and who will pay millions
every year for uncollected operating ex-
penses
The hollowness OF the British contention
that the canal regulations shall be bind
ing on all nations, including the United
States, is exposed by the latest plea Of
Ambassador Bryce that the regulation
that no railroad owned vessel shall be
allowed to use the canal applies only TO
the United states railroad owned vessels
that is, the regulations (toll and other
wise) include all nations. even the United
States. when it is to their advantage. but
exclude all nations. except the United
states. when their toes are pinched Heads
they win. tails We lose. SO much for the
wording.
New as 10 the history OF the case The
Clayton Bulwer treaty GS50) was about
y canal "by way OF the River San Juan
de Nicaragua and either or both the lakes
of Nicaragua or Managua." The Hay
Pauncefote treaty November Is, 1900
was ito facilitate the construction OF a
ship canal by whatever route may
be considered expedient and TO remove any
objection which may arise our OF the clay
tor-Bullccr treaty" italics minel and To
"suporsede the aforementioned treaty OF
1850.
The objection arising out OF the clay
ton Bulwer treaty concerned tho Mica
ragua canal only. by its specific language
The Hay pauncefote treaty was to relieve