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“... difference of opinion under this article or
any other provisions of this treaty shall affect or interrupt the
full operation and effect of this convention in all other respects.
Article XV.
The joint commission referred to in Article VI. shall be
established as follow :—
The President of the United States shall nominate two persons
and the President of the Republic of Panama shall nominate
two persons, and they shall proceed to a decision; but in case
of disagreement of the commission (by reason of their being
equally divided in conclusion) an umpire shall be appointed by
the two governments, who shall render the decision. In the event
of the death, absence or incapacity of a commissioner or umpire,
or of his omitting, declining or ceasing to act, his place shall be
filled by the appointment of another person in the manner above
indicated. All decisions by the majority of the commission or by
the umpire shall be final.
Article XVI.
The two governments shall make adequate...”
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“... apply and impose such duties upon the
clerks and ministerial officers of the new courts created by this
Act having jurisdiction of like cases, matters, and duties.
All existing laws in the Canal Zone governing practice and
procedure in existing courts shall be applicable and adapted to
the practice and procedure in the new courts.
The Circuit Court of Appeals of the Fifth Circuit of the United
States shall have jurisdiction to review, revise, modify, reverse, or
affirm the final judgments and decrees of the District Court of the
Canal Zone and to render such judgments as in the opinion of the
said appellate court should have been rendered by the trial court in
all actions and proceedings in which the Constitution, or any statute,
treaty, title, right, or privilege of the United States, is involved and
a right thereunder denied, and in cases in which the value in con-
troversy exceeds one thousand dollars, to be ascertained by the oath
of either party, or by other competent...”
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“... permitting the
continuance of any vessel or vessels already in operation, or for the
purpose of asking an order to install new service not in conflict
with the provisions of this paragraph. The commission may on
its own motion or the application of any shipper institute procee-
dings to inquire into the operation of any vessel in use by any
railroad or other carrier which has not applied to the commission
and had the question of competition or the possibility of com-
petition determined as herein provided. In all such cases the order
of said commission shall be final.
If the Interstate Commerce Commission shall be of the opinion
that any such existing specified service by water other than through
the Panama Canal is being operated in the interest of the public
and is of advantage to the convenience and commerce of the
people, and that such extension will neither exclude, prevent, nor
reduce competition on the route by water under consideration,
the Interstate Commerce Commission...”
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“...laws relating to the rendition of fugitives from justice as between
the several States and Territories of the United States, shall extend
to and be considered in force in the Canal Zone, and for such
purposes and such purposes only the Canal Zone shall be consi-
dered and treated as an organized Territory of the United States.
Sec. 13. That in time of war in which the United States shall
be engaged, or when, in the opinion of the President, war is
imminent, such officer of the Army as the President may designate
shall, upon the order of the President, assume and have exclusive
authority and jurisdiction over the operation of the Panama Canal
and all of its adjuncts, appendants, and appurtenances, including
the entire control and government of the Canal Zone, and during
a continuance of such condition the governor of the Panama
Canal shall, in all respects and particulars as to the operation of
such Panama Canal, and all duties, matters, and transactions
affecting the...”
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“... charged to vessels engaged in that trade passing through the
canal. This is the subject of a protest by the British Government.
The British protest involves the right of the Congress of
the United States to regulate its domestic and foreign commerce
in such manner as to the Congress may seem wise, and specifi-
cally the protest challenges the right of the Congress to exempt
American shipping from the payment of tolls for the use of the
Panama Canal or to refund to such American ships the tolls which
they may have paid, and this without regard to the trade in which
such ships are employed, whether coastwise or foreign. The protest
states “the proposal to exempt all American shipping from the
payment of the tolls would, in the opinion of His Majesty’s Govern-
ment, involve an infraction of the treaty (Hay-Pauncefote), nor is
there, in their opinion, any difference in principle between charg-
ing tolls only to refund them and remitting tolls altogether. The
result is the same in...”
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