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EXEMPTION FROM PANAMA TOLLS. Eugene Wambaugh..
THE NEW MOROCCAN PROTECTORATE. Norman Dwight Harris.
THE NECESSITY FOR AN INTERNATIONAL CODE OF ARBITRAL PROCEDURE.
RESTRICTIVE CLAUSES IN INTERNATIONAL ARBITRATION TREATIES. Hans
INTERNATIONAL LAW AND POLITICAL SCIENCE. Alpheus Henry Snow.
The Passing of Dollar Diplomacy..
The Fur Seal Convention and the five-year closed season imposed by Congress 341 Ex-President Taft...
The Japanese Review of International Law.
John Bassett Moore, the new Counsellor for the Department of State..
The suppression of the opium traffic. . . .
The treaty of November 27, 1912, between France and Spain, concerning
Chandler P. Anderson..
Appointments to the diplomatic service.
Recovery by non-resident aliens for death by wrongful act.
CHRONICLE OF INTERNATIONAL EVENTS. Otis G. Stanton.
PUBLIC DOCUMENTS RELATING TO INTERNATIONAL LAW. George A. Finch....
Legal Aspects regarding the Ownership and Distribution of Awards. Opinion of Solicitor for Department of State in re Distribution of Alsop award... BOOK REVIEWS:
Zouche: Juris et Judicii Fecialis, sive, Juris Inter Gentes, et Questionum de
Meili: Die Hauptfragen des internationalen Privatrechts.
Kaufmann: Staatliches deutsches International-privatrecht und völkerrechtliches International-privatrecht der Haagerverträge.
Poortugael: Le Droit des Gens en Marche vers la Paix et le Guerre de Tripoli
Kaufmann: Das Wesen des Völkerrechts und die clausula rebus sic stantibus 438 Oppenheim: International Law.....
PERIODICAL LITERATURE OF INTERNATIONAL LAW. Kathryn Sellers ...
SUPPLEMENT IMPORTANT TEXTS OF AN INTERNATIONAL CHARACTER
THE AMERICAN JOURNAL OF INTERNATIONAL LAW is supplied to all members of the American Society of International Law without extra charge, as the membership fee of five dollars per annum includes the right to all issues of the JOURNAL published during the year for which the dues are paid. (Members residing in foreign countries pay one dollar extra per annum for foreign postage.)
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EXEMPTION FROM PANAMA TOLLS
A DISCUSSION BASED UPON THE LAW OF PUBLIC CALLINGS 1
"A trust for mankind" is what President Cleveland in a message termed such an enterprise as the Panama Canal. The question just now is whether such a trust is administered properly by giving to vessels engaged in the coasting trade of the United States a total exemption from tolls. It should be noticed that the question is not whether exemption may be given to war ships and other ships of the government, but whether it may be given to the ships of private owners. It should be noticed also that the question is not whether there may be a subsidy, — in other words, not whether the tolls of such vessels may properly be paid out of the national treasury - in which case the burden would be borne by all residents of the United States through the internal revenue, the tariff, and other taxes, and the benefit would be enjoyed initially by the treasury of the Panama Canal and eventually by all persons whom the canal may serve. No, the question is whether, in the words of the Panama Canal Act of 1912, "no tolls shall be levied upon vessels engaged in the coastwise trade of the United States," with the almost inevitable result that the tolls exacted from other vessels will thus be made heavier than they otherwise would be.
This question is to some extent dependent upon treaty; but as a basis for understanding the whole matter it is essential to remember that a treaty is made in the light of existent national and international law, practice, and discussion. Hence the treaty itself may well be laid aside until after the presentation of other points.
THE LAW OF ENGLAND AND AMERICA AS TO PUBLIC CALLINGS
Let us begin at the beginning.
When a person builds a private railway on his own land he has a
1 This is a revision of an article which appeared, under other titles, in the Boston Evening Transcript of February 8, 1913, and in the Congressional Record of February 26, 1913, p. 4223.