The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-04-12
COLOMBIAN TREATY
! ENDANGERS REPEAL
Panama Tolls Exemption Ad-
vocates Argue Britain Ad-
mittcd Our Rights.
EXPLANATION BY CHOATE
Ex-Ambassador Will Tell Sen.
ate Whether or Not Tolls
Pledge Was Given,

WASHINGTON. Aprt1 I1.--Dismay at the
confusion OF the Panama Canal tolls ia.
sues through the disclosure of the pro.
visions Of the new treaty with Colombia
vas visible in Administration quarters
to-day. Fresh complications have been in
jected into what Is already one of the
most involved disputes that has been be.
fore the country IN many years.
Defence OF the concession to Colombia
Of the right to pass Government troop
ships and varships of any character
through the canal without payment OF
tolls has already begun. Administration
supporters were quick to recognize the
danger to their cause that lies in the dis
closures regarding the contents Of the
Colombian treaty and to justify Mr.
Brysns diplomacy as best they could
II will he contended that the United
States is really In a position of owing a
double obligation for its rights In the
Panama Canal Zone. Legal title WAS
obtained from the republic Of Pana ma. It
is asserted, but moral title must be
acquired from Colombia, the original SOW
ercign Of the territory through which the
canal passes.
This argument implies. OF course. that
the morality of the United States taking
title from Panama is questionable. and 1t
IL certain that this defence Of tho con-
cessions TO Colombia will arouse great OPP
position no; only among those opposing
the repeal of the tolls exemption clause but
among those who do not concede that the
United States did anything wrong In
its action at Panama in 1908.
Colombian Treaty IN Danger.
II has already been clearly demon
strated that no treaty with Colombia
containing an acknowledgment OF wrong
doing an apology or an expression Of re-
gre,' has chance OF ratification. Yet
the implication i'm the argument advanced
on behalf OF the concessions to Colombia
IN recognized to be that moral repara-
ton" liz due Colombia Just as that country
has for ten years claimed and the United
States has denied.
Opponents of the repeal are prepared to
make all possible capital for themselves
out OF the apparent Inconsistency in the
attitude Of Great Britain in consenting to
the granting OF concessions to Colombian
ships using the canal which are denied to
the United States by Great Britain. 1t Is
maintained that II the position of Colon
bis in relation to the canal is such as to
entitle It to special provisions In the use
Of the waterway, certainly the United
States is the more entitled to special con-
sheraton.
Colombia has no recognized claims of
sovereignty In the Canal Zone. while the
United States has been recognised as the
practical owner Of the canal
II is further argued that the failure
Of Great Britain to protest against the
exemption of the vessels OF the Panama
Government from payment of tolls. as
granted in the treaty of 1903. is a recog-
milton of the contention made by those
who favor free passage by American
coastwise shipping. Yet this was as
sented to by Great Britain by her silence,
and she also assented to the exemption
In favor Of Colombian vessels. The only
objection lodged by Great Britain was
against the proposed exemption Of certain
classes OF United States vessels.
Argument Made by Root.
The argument in answer to this conten-
ton, however, has already been furnished
the Administration by Senator Root, one
OF the Presidents strongest tolls support
ers Oh the Republican side.
Before a Senate committee Senator Root
explained the ground upon which the con-
cessions to Colombia are justified.
Whatever the Hay-Pauncefote treaty
means, We hold the canal zone under a
practical trust. We have declared the OBJ
legations Of trustee in the most un-
equivocsl manner" he said tonight
, That is. the Senator holds that while the
United States owns the Panama Canal II
heds restricted title. For this reason
The concessions to Panama are held to be
matter Of the rights Of Panama. mas
much as she did not surrender to the
United States full title to the Panama
Canal Zone, and therefore there remains to
her the right of free passage Of her ships
through her own territory without charge.
N Is also asserted that the United
States recognized its obligations to Great
Britain and reaffirIned them in the treaty
WIN Panama. This treaty contains sthe
following paragraph:
The canal, when constructed and the
entrances thereto. shall be neutral in per-
*tuity and shall be opened on the terms
provided for by section one of article
thfee Of, and in conformity with. all the
stlpulations of the treaty entered into
oF the Governments of the United States
sho Great Britain on November IS. 1901"
This OF course is the HayPauncefote
,testN and by this provision in the
Panama Canal treaty the United States
pledges TO third party. Panama, its in
ehtlon TO observe all the obligations laid
down IN the Hay-Pauncefote treaty. y
Reports that a paragraph contained In
,he Root-COrtez treaty was Incorporated
m IN" new Colombian treaty were au-
thorita'ivcly denied to-day. This para
Taph was follows
The United States. animated by sim
oere desire to renew an old friendship.
inc alteration OF which Il deeply regrets.
u ready 10 enter into an agreement to
tolusi the local claim which Colombia
maintains she possesses in the sovereignty
V lhn territory Of the state Of Panama
Another reported version OF the 're-
H".s' paragraph was az follows
. IA" Government and the people OF the
Chi'ed states sincerely regret the oc-
'ufrrncr Of events that In any manner
HaE haN" changed the long and sincere
mthHshiP which existed for almost "A CEN
tu'y b'tWocn Colombia and the United
o'a''' For many years che United
sd,'s has ardently desired the effacement
" t'' unfr,endiy feeling created in CO.
"..bia by the secession OF Panama"
ms paragraph goes further in the
"I''uon OF expressing regrets than the
ue. ono II Is similar to a paragraph
|Yp'a't'i IN the correspondence with
in 80 H.