Burton And Root Against Free Tolls.

New York Times 100 years ago today, July 16, 1912:
Warn Senate That Arbitration of England's Protest May End in Defeat.
HER RIGHTS UNDER TREATY
British Statement Expected to Reach New York Shortly — Taft to Write Special Message.
Special to the New York Times.
    WASHINGTON, July 15.— The debate in the Senate to-day on the Panama Canal bill began with heavy attacks on the provision for free passage of American bottoms through the canal. Senator Burton of Ohio opened with a strong argument against what he considered the breach of' treaty obligations in any favor to American ships over those of another country. He was followed by Senator Root, who warned the Senate that undue haste in legislation would almost surely mean the setting aside of our statute by an international tribunal.
    The Senators who Joined in the colloquy growing out of the informal speeches for the most part seemed in favor of postponing debatable legislation until nest session, and nearly all of them seemed opposed to letting American ships use the canal free of tolls. But Senators in charge of the measure said that the Senate as a whole was strongly in favor of no-toll provision and that no delay-would be permitted on account of Great Britain's objections.
    Mr. Root said that he regretted to make an argument that might in the end be against the position the United States would be forced to take before an arbitral tribunal if the pending bill as it stood was enacted. But he could not shut his eyes to the fact, he said, that the bill was drafted to send this Government straight into an untenable position. Our arbitration treaty with Great Britain, he said, would make arbitration of the case a certainty.
    "We could riot refuse to arbitrate this case," said the New York Senator. "It is the kind of question raised by the framers of the treaty to be arbitrated. And it is the kind of question that ought to be arbitrated.
    "This is a question I urge upon the Senate's attention, that we cannot decide finally for ourselves. If the law as passed favors discrimination, and I for one think that would be wholly unjustifiable, the law may be nullified by arbitration. I want to ask the Senate to think of what that may mean. Arbitration is a slow-process. With eminent counsel and long delays it may be five or ten years before an award is made. If then it is made against us, it will involve not the imposition of tolls on American bottoms, but the refunding of all tolls collected up till that time. It might mean a ruinous demand upon our credit."
    Both Senator Burton and Senator Root declared Great Britain had surrendered important rights in Panama, held under the former Clayton-Bulwer Treaty for the pledge of equal treatment to all ships, given by the United States in the existing Hay-Pauncefote treaty. The controversy hinges on the question of whether the United States in its pledge to treat the ships of all nations equally meant to include vessels owned by its own citizens.
    Senator Burton said a clear enunciation of American policy was laid down after a controversy in 1888, when the United States, after threatening retaliation by a congressionally authorized proclamation, was accorded access to artificial waterways north of the Canadian boundary lines on the same terms as the dominion citizens. He contended that American-policy should not change like a kaleidoscope to suit changing interests. He agreed that an exception might he made in the interest of American warships.
    It was expected by the State Department officials to-day that the detailed British statement of protest to the canal legislation would arrive in New York within the next forty-eight hours. When it will reach Washington will depend upon, whether. Mr. Innes, the British Charge, meets the mail steamer in New York and comes to Washington with his message, or whether it will be necessary for it to come to Secretary Knox by the way of Kineo, Me., the Summer home of the British Embassy.
    The British argumentative statement probably will be submitted by President Taft to Congress, perhaps accompanied by a special message.