Would a subsidy to the amount of the tolls granted to American ships

passing through the Canal be a discrimination prohibited by the treaty?

MR. HORACE G. MACFARLAND.

MR. WILLIAM MILLER COLLIER..

FOURTH SESSION

FRIDAY, APRIL 25, 1913, AT 8 O'CLOCK P.M.

What is the effect of the exemption of American coastwise shipping upon

Panama Canal revenues?

150

151

163

PROF. EMORY R. JOHNSON..

PROF. NORMAN DWIGHT HARRIS

Has the United States the right to exclude from the use of the Canal any

class of foreign vessels, such as railway-owned vessels? MR. JOHN

FOSTER DULLES

Discussion: Mr. Charles G. Fenwick...

FIFTH SESSION

SATURDAY, APRil 26, 1913, at 10 O'CLOCK A.M.

Has the United States the right to exclude from the use of the Canal any

class of foreign vessels, such as railway-owned vessels? (Continued.)

PROF. JAMES W. GARNER....

177

182.

189

196

199

Is it necessary in international law that injury actually be suffered before

a justiciable action arises? MR. THOMAS RAEBURN WHITE..

Letter: From Prof. John Westlake...

212

221

The rule of treaty construction known as rebus sic stantibus. HoN. HAN-

NIS TAYLOR

223

What is the international obligation of the United States, if any, under its

treaties, in view of the British contention? PROF. AMOS S. HERSHEY.. 232

Discussion: Mr. Edmund F. Trabue.

.238, 239

...

MINUTES OF MEETING OF THE EXECUTIVE COUNCIL, APRIL 26, 1913.......... 251

REPORT OF THE TREASURER, 1912-1913

254

ANNUAL BANQUET

Remarks of Mr. Frederic R. Coudert, Toastmaster....

Responses:

His Excellency Gregers W. W. Gram.

His Excellency Jonkheer J. Loudon..

Honorable James L. Slayden...

Professor Albert Bushnell Hart..

APPENDIX

iii

PAGE

....258, 265, 271, 278

264

266

273

279.

...

General treaty of peace, amity, navigation, and commerce between the

United States of America and the Republic of New Granada.

[Colombia.] December 12, 1846. (Article XXXV.)...............

Convention between the United States of America and Great Britain for

facilitating and protecting the construction of a ship canal between the

Atlantic and Pacific Oceans, and for other purposes. April 19, 1850.

[Clayton-Bulwer Treaty.]

Convention between the United States and Great Britain to facilitate the

construction of a ship canal to connect the Atlantic and Pacific Oceans.

February 5, 1900. [Unratified Hay-Pauncefote Treaty (Showing amend-

ments made by United States Senate)]........

Convention between the United States of America and the United King-

dom of Great Britain and Ireland, to facilitate the construction of a

ship canal to connect the Atlantic and Pacific Oceans. November 18,

1901. [Hay-Pauncefote Treaty now in force.].......

Convention respecting the free navigation of the Suez Maritime Canal.

Constantinople, October 29, 1888.....

...

Convention between the United States of America and the Republic of

Panama to insure the construction of a ship canal across the Isthmus

of Panama to connect the Atlantic and Pacific Oceans. November

18, 1903

British Chargé d'Affaires to the Secretary of State, July 8, 1912.........

An Act to provide for the opening, maintenance, protection, and operation

of the Panama Canal, and the sanitation and government of the Canal

Zone. August 24, 1912....

283

284

289

292

295

299

309

311

Memorandum [by the President of the United States] to accompany the

Panama Canal Act. August 24, 1912.......

Proclamation of the President of the United States prescribing Panama Canal

toll rates. November 13, 1912..

324

... 331

The Secretary of State for Foreign Affairs of Great Britain to Ambassador

Bryce. November 14, 1912....

.... 332

The Secretary of State of the United States to Chargé d'Affaires at London.

January 17, 1913......

343

The British Ambassador to the Secretary of State. February 27, 1913.... 353

LIST OF MEMBERS..

356

HON. JOHN W. FOSTER, CHAIRMAN

JAMES BROWN SCOTT, ESQ., RECORDING SECRETARY
CHARLES HENRY BUTLER, ESQ., CORRESPONDING SECRETARY
HON. CHANDLER P. ANDERSON, TREASURER

Standing Committee on Selection of Honorary Members: GEORGE G. WILSON, Chairman; JACKSON H. RALSTON, THEODORE S. WOOLSEY.

Standing Committee on Increase of Membership: JAMES BROWN SCOTT, Chairman; CHARLES CHENEY HYDE, JOHN H. LATANÉ, JESSE S. REEVES, THEODORE S. WOOLSEY.

Auditing Committee: ALPHEUS H. SNOW, CLEMENT L. BOUVÉ.

Committee on Codification: ELIHU ROOT, Chairman, ex officio; CHANDLER P. ANDERSON, CHARLES HENRY BUTLER, LAWRENCE B. EVANS, CHARLES NOBLE GREGORY, ROBERT LANSING, PAUL S. REINSCH, LEO. S. ROWE, JAMES BROWN SCOTT, GEORGE G. WILSON.

Committee on Publication of Proceedings: GEORGE A. FINCH, OTIS T. CARTWRIGHT.

Committee on Eighth Annual Meeting: JAMES BROWN SCOTT, Chairman; JAMES W. GARNER, ARTHUR K. KUHN, ROBERT LANSING, WALTER S. PENFIELD, JACKSON H. RALSTON, EUGENE WAMBAUGH.