The evening herald. (Klamath Falls, Or.) 1906-1942, 1919-04-17
THURSDAY, APRIL IL, 1919
SINNOTT ON THE COVENANT

SINNOTT ON THE COVENANT
The Washington Post of March 2
contains speech by n. J. Sinnott o.
the Covenant of the League of Ma
tions that is worthy of careful consid
Grafton by the people OF this nation
as il warns us against falling into
trap similar to the one that cost u
the free use Of the Panama Canal
The article and speech follow:
Charging that the Smuts league O
nations covenant contains in one sec
---sion the same ambiguous languag,
which cost American citizens free
use Of the Panama canal and pre-.
cipitated an unsuccessful effort &c
have Americas Interpretation of the
language prevail, Representative Sin.
noti of Oregon directed the spotlight
OF publicity on Article XXI of the
league constitution and section l OF
Article III Of the Panama Canal
treaty.
After showing the striking similar
ity and the same phraseology in the
two articles, Mr.. Sinnott points out
that Americas effort to, protect the
rights Of its citizens respecting the
canal was defeated BECAUSE the Brit
ish interpreted the phrase "all ma
tions" d meaning other nations with
the United States included, thereby
forcing American cpastwise trade to
obtain no benefits over the British in
the matter Of tolls, etc.
He now asks IL the phrase AL
states, members of the league" re-
states with the United States includ-
ed. which would prevent American
commerce from obtaining any ad-
vantage at any time not accorded to
the British.
Mr.. Sinnott admits that the Amer
scans will contend that the language
OF this article does not bind Ameri-
can commerce to sacrifice its oppor-
tunities in the future, and does not
mean a solemn pledge never to give
to American trade an opportunity not
given to the British. But he contends
that with the Panama canal precedent
already established, the British inter-
probation would almost certainly pre-
vail. Any argument as to interpreta-
ton would naturally be given over to
the league board of directors" to de-
eide. and. with the precedent already
established, little doubt is entertained
as to what the ruling imposed on the
American people would be.
Ambiguous, II not artfully con-
ceived language deprived American
citizens of the free use of the Panama
canal" Mr.. Sinnott warns. I'VE
should not be caught again"
Ibid the same subtle and skillful
diplomacy contrive both Article XXI
of the covenant of the leagne of ma
tions and section l, Article III. of the
Panama canal treaty with England?"
he asks.
"Is Article XXI of the covenant of
the league designed to give to citizens
Of other nations the same privileges
enjoyed by our citizens in our own
asks Sinnott and con-
tends that 1.-The import of the phrase
ology of Article XXI of the covenant
and section /, Article Ill Of the Pana-
ma canal treaty are so perilOusly
close, so susceptible of the same or an
Interpretation as to justify
a afdemand for clarification or amend
ment of said Article XXI.
''If this amendment or. clarification
is not made" he asserts, 1--WE may be
under Article XXI OF the
covenant to open our markets to the
commerce of the world on the same
terms accorded our own citizens, just
as we were forced to open the Pana-
ma canal to the vessels of citizens OF
all other countries on the same terms
and conditions as enjoyed by those
Of citizens OF the United States" and
he argues, "that the language Of Arti-
Gle XXI of the covenant of the league I
is as crafty and insidious or at any
rate as ambiguous as said section OF
the Panama canal treaty, and that 1t
is as susceptible of a similar or analo-
gous Interpretation and construc-
tiOn."
He quotes section /, Article III, of
the Panama canal treaty as follows:
"The canal shall be free and open
to 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
n respect of the conditions or charges
)f traffic or otherwise. Such condi-
ions and charges Of traffic shall be
lust and equitable
1.-THE United States cOntended," he
Iays, "that the phrase all nations in
he above section means all other ma
ions; also that the equitable condi-
ions and charges, referred to in the
asst paragraph of the above section
meant equitable charges and condi-
ions as among other nations not in
luding the United States. which con-
tructed the canal at its own ex-
ense.'
"Tha British contention and inter-
rotation was that the phrase all ma
ons included the United States and p