New-York tribune., 1921-10-12
Is Our Word Good?

pctla4I OK lNS SdiiCtlty VI tltdtieS
and the integrity of international
law. Yet the Senate in the matter
Of exempting coastwise shipping
from Panama canal tolls has voted
to disregard what seems q plain obli-
cation Of treaty.
Read the section Of the treaty that
covers the toll question:
"The canal shall be free and open
10 the vessels Of all nations ohserv-
ing these rules, on terms Of entire
equality, so that there shall be no
discrimination against any such na-
ton or its citizens or subjects in re-
speet of the conditions or charges Of
traffic or otherwise. Such conditions
and charges Of traffic shall be just
and equitable"
Does this say that the rule of
equality shall apply to some ships
and not to others? One looks in vain
for any such qualification. 1t would
have been easy to have put in pro-
viso declaring the rule of equality
did not apply to all of our ships. But
it is most conspicuously not there.
Indeed, study of the Hay-P -Paunce-
fote negotiations shows that no one
on either side had any thought of the
pettifogging argument that to eX-
cmpt our coasters is not to discrimi-
nate, because the ships Of other ma
tions cannot engage in our coastal
trade. The coastal monopoly rests
on mere Congressional enactment,
repealable at any time. Will any one
say that we can make treaty mean
one thing at one time and another
at another? This is an absurdity.
As Senator Colt remarked the other
day, a treaty cannot be interpreted
by a statute. This was what Ger
many tried to do when she said the
Belgium treaty existed only SO long
as she deemed it convenient.
From the domestic point Of view
10 good reason has been so far ad-
vanced for presenting the coastwise
trade with d subsidy equivalent to
its Panama tolls. This trade has a
monopoly in its own field. 1t faces
10 foreign competition and is more
taan able to compete with the trans
continental railroads. Remitting the
canal charges would derange the
railroad rate structure and add to
: ihe difficulties of the hard pressed
land carriers. Tho interior states
would be penalized for the benefit of
states near the two coasts. The Borah
act, besides colnplicating our for
eign relations, would aggravatc our
transportation problem.
Some Senator'S have excused their
votes for Mr Borah's bill on the
ground that it carries out the rec
onmendation of the last Republican
rational platform. 1t doesn't dc
= that. The platform favored remis-
sion Of tolls not only for coastwiso
trade vessels but for "all vessels OF
tie American merchant marine
Legislation to this effect would
t'atly violate the canal treaty. Con.
gress would hardly venture to pass
such bill. If Republican Senators
and Representatives arc at liberty tt
ignore one part Of the convention
declaration as absurd they are under
10 obligation to defer to the other.
In the matter of the Colombian
treaty the Senate, apparently for nc
better reason than to serve a specia
interest or to quiet the clamors OF
the few who were determined to be
spatter the creator Of the Panama
Canal, disregarded the nation:
honor. To be Indifferent again at ths
famc session raises thu question ot
Nnat Is the matter with the Senate
New York greatly regrets that the
name Of its Senator Calder appear.
among those who rejected the rea.
sonsble proposal that if there is an,
doubt as to the trcaty's meaning the
Just thing is 10 ask for arbitration II
adyance IF action by either party.