New-York tribune., 1919-03-24
Article XXI Similar to
Clause in Panama Canal
Treaty That Made U. S.
Drop Toll, Says Sinnott
Text Called Ambiguous
Equitable Treatment for
Commerce of All States.
Is Phrase That Alarms
New York Tribune


Woshin0to Bureau
WASHINGTON, March Possibil-
ity that the United States would be
compelled to adopt a policy of free
trade under Article XXI of the present
draft of the league Of nations was ad-
vanced here to-day in a statement
made by Representative ~ J. Sinnott,
of Oregon, in which he points out an
alleged similarity between the Ian
guage of this article and the section
in the Panama Canal Tolls Treaty
which caused US "to surrender Ameri-
can rights that never were intended to
be surrendered"
Ambiguous. if not artfully con-
ceived language in a treaty deprived
American citizens of the free use of
the Panama Canal, constructed by our
government at cost exceeding $780,
0OO, ,OOO,' says Representative Sinnott
We should not be caubht again" he
warns.
Did the same subtle and skillfuI
diplomacy contrive both Article XXI
OF the covenant of the league Of ma
tons and Section /, Article III Of the
Panama Canal Treaty with England ?"
ne continues. "The pliable language
OF s1 THIS section Of the Panama Canal
Treaty, under the British interpreta-
ton, finally accepted by Congress- at
the urgency Of President Wilson. gives
the citizens of ali other nations the
same privileges as are enjoyed by our
own citizens IN the use of the Panama
Canal "'" ma
ls Article XXI Of the covenant Of
tne league designed to give to citizens
OF other nations the same privileges
enjoyed by. our citizens in our own
commerce ?"
me import Of the phraseology in
Article XXI Of the covenant and Sec
tion l, Article III of the Canal Treaty
are so perllousy close, so susceptible
OF the same analogous Interpretation
as TO Justify demand for clarification
or amendment of Article XXI.
If this amendment or Qualification is
not made we may be compelled to open
our markets to the commerce of the
world on the same terms accorded our
own c1tlzens, just as we we're forced TO
open the Panama Canal to the vessels
OF citizens of all other countries on the
same terms and conditions as enioved
Dy those of citizens of the United
States"
Section I, Article 3, of the canal
treaty says:
The canal shall be free and open
to the vessels of commerce and of war
Of all nations observing these rules on
terms of entire equality, so that there
shall be no discrimination against any
such nation or its citizens or subjects
IN respect of the conditions or charges
of traffic or otherwise. Such conditions
and charges Of traffic shall be Just and
equitable"
"The United States contended," he
says, that the phrase all nations in
the above section meant all other ma
tons; also that the equitable condi-
tions and charges referred to in the
last paragraph Of the above section
meant equitable charges and conditions
as among other nations not including
the United States, which constructed
the canal at it's own expense
The following is Article XXI in it's
entirety: The high contracting parties
agree that provision shall be made
through the instrumentality of the
league to secure and maintain freedom
of transit and equitable treatment for
the commerce of all states members of
the league, having in mind, among
other things special arrangements with
devastated during the war of 1914
1919
"No doubt we would contend, if we
signed the covenant of the league, that
we could grant TO our own citizens spe-
cial privileges and preference rights
in our own commerce, but in this
case we would be confronted with
the precedent of the interpreta-
tion and construction which we
acceded to at the behest Of the
President in the matter of the Canal