The Birmingham age-herald., 1921-04-20
NOTHING IN TREATY
 TOMAKE AMERICAN
 VESSELSPAY TOLLS
Lewis Nixon Sounds Note of Warning Against Propa- ganda to lniure Ameri-
 can Marine
By c. NJ. STANLEY


 New York, April 19.-(Special) Lewis Nixon, famous shipbuilder and consistent friend of a strong and flourishing American merchant ma rine, sounds warning against ram pant propaganda which seeks to pre- vent Americn vessels from passing through the Panama canal free of tolls.
 MT. Nixon maintains there is noth- ing in the Hay-Poncefote treaty with Great Britain which prevents the United States in times of peace from regulating canal commerce in her own interest.
 He thinks true Americans should resent the efforts being made to place this country in the attitude of pro posing to repudiate treaty pledges when there is nothing in the letter or spirit of the treaty which prevents America from legislating in the in- terest of her own ships.
 MT. Nixon today for The Age-Herald wrote a formal statement in which he discusses the treaty provisions not only. but shows that the Americans who ne- gotiated the treaty had in mind at all times the interest of this naion's shib commerce. His statement reads
 '"To one who has stood constantly for the upbuilding of our merchant marine and who has seen every promising at tempt to return to helpful regulation. the present active propaganda against remission of tolls on our vessels through the Panama canal is most sig nificant The opposition is not an hon. est one It relies not on argument. but upon deliberate deceit and misleading quotation.
 Most of the efforts rely upon the reading public not having a copy of the treaty. Witness the following from Shipping of April 10:
 "'Secton 1 of Article III of the Hay Pauncefote treaty of November IS, 1903. between the United tSates and Great Britain reads as follows: The canal shall be free and open 10 the vessels of commerce and of war of all nations ob- serving these rules, on terms of entire equality, so that there shall be no dis crimination against any such nation or it's citizens or subjects. in respect Of
 
 otherwise'
 "As a matter of fact this is not sec l ton 1 of Article H. but the first of a number of rules adonted by the United states, as explicitly stated in the be- ginning of Article IIi 'as basis Of the naturalization of such ship canal.
 SIX SUCH RULES
 There are six such rules and natur- ally they are adopted in their entirely. tnx, kat4 observed by belligerents. We must conserve the neutrality of the canal. What is neutrality? Let us quote from the great English authority on international law, DrOppenheim:
 Neutrality is a condition during q condition of war only ",Rights and duties deriving from neutrality do not exist before the out break of war
 ''Since neutrality is an attitude of imtarialty it excludes such assistance l and succor to one of the belligerents as is detrimental to the other, and l forbids such injuries to one as benefits the other.
 So reading rule as quoted we see it 1 covers such contingencies of impartial treatment in that we treat the vessels of war and commerce of all nations alike not simply as regards charges and conditions of traffic, but in all other ways which we might aid or succor one or injure the other. No one but ourselves is permitted to maintain the neutrality of the canal; we do not agree to be neutral toward an enemy, hence we hold the canal neutral as to other powers
 ALL RELATE TO WAR
 There are six of these rules and a hurried resume shows that vessels of war of beligerent must not embark l or disembark troops. munitions of war. or warlike materials; that the canal must never be blockaded; that vessels of war of bellieerent shall not re- main within three miles of either end, and that vessel of war of one beliig-
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