Addenda to Report on Commercial Treaty with Germany

The following are the two articles in the Treaty referred to in the foregoing report:

ARTICLE IX.

"No duties of tonnage, harbor, pilotage, lighthouse, quarantine, or other similar or corresponding duties or charges of whatever denomination, levied in the name or for the profit of the Government, public functionaries, private individuals, corporations or establishments of any kind shall be imposed in the ports of the territories of either country upon the vessels of the other, which shall not equally, under the same conditions, be imposed on national vessels. Such equality of treatment shall apply reciprocally to the vessels of the two countries respectively from whatever place they may arrive and whatever may be their place of destination."

ARTICLE XI.

"Merchant vessels and other privately owned vessels under the flag of either of the High Contracting Parties shall be permitted to discharge portions of cargoes at any port open to foreign commerce in the territories of the other High Contracting Party, and to proceed with the remaining portions of such cargoes to any other ports of the same territories open to foreign commerce, without paying other or higher tonnage dues or port charges in such cases than would be paid by national vessels in like circumstances, and they shall be permitted to load in like manner at different ports in the same voyage outward, provided, however, that the coasting trade of the United States is exempt from the provisions of this Article and from the other provisions of this Treaty, and is to be regulated according to the laws of the United States in relation thereto. It is agreed, however, that the nationals of either High Contracting Party shall within the territories of the other enjoy with respect to the coasting trade the most favored nation treatment."

Mr. SMULL. I move the adoption of the report and resolution.

The motion was seconded.

JOSEPH F. EASTMOND.-In the report the Committees state that they think Articles 9 and 11 should be stricken out. In the resolution they recommend that they should be amended. As it is hardly probable that Germany would agree to these articles being amended so as to make them entirely one-sided, we will assume that amendment is equivalent to striking out.

If we strike out Article 9 the German Government will then have the power to discriminate in the matter of port charges against American ships coming into German ports. I will ask if the Committees believe that American shipping is now in a strong enough position to stand such discrimination.

If Article 11 is stricken out it will eliminate the right of ships to discharge cargo in more than one port or to take cargo in more than one port.

I do not know the conditions in the German trade, but as this

is to be a model treaty for other countries, I will mention its relation to the India trade, in which I am interested. Those steamers frequently call at Boston and discharge several hundred tons of cargo for the merchants and manufacturers of New England, proceed to New York and discharge the main part of their cargo on our piers, which are inadequate for the amount of cargo they receive, and sometimes proceed to Baltimore or Philadelphia with several hundred tons of manganese for the steel mills, and such general cargo as they may have for merchants there. If this clause is eliminated it may prevent the merchants and manufacturers of New England, of Philadelphia and Baltimore, and the steel mills, that can get their material most economically through those ports, from having the advantage of the low direct rates, compelling all that cargo to be unloaded here, where we are already frightfully congested-and I hope this matter may come before the Chamber some time-thus increasing our own difficulties here and increasing the expense of doing business to those located in other ports.

There are two other clauses, one of which reads, "that the coasting trade of the United States is exempt from the provisions of this Article and from the other provisions of this Treaty, and is to be regulated according to the laws of the United States in relation thereto." Why should that clause be eliminated? Further on it reads, "that the nationals of either High Contracting Party shall within the territories of the other enjoy with respect to the coasting trade the most favored nation treatment." If at some future time American ships should be in position to do foreign coasting trade, why should they not be assured of "most favored nation treatment"? If the Committees will enlighten us on these points it will assist us in determining how to vote on this resolution.

THE PRESIDENT.-Maybe the Chairman can give us some enlightenment.

Mr. SMULL.-The gentleman's remarks are well taken as far as the preamble is concerned. We are not in favor of really striking the whole of the clauses out, as there are parts of Articles 9 and 11 that should stay in, and I am sorry that the report came to you with the words in the preamble calling for striking out those clauses. The opinion of the Committees is as expressed in the resolution, that Articles 9 and 11 should be so amended that the United States Government shall not be prevented from the adoption of measures which may be necessary to build up our Merchant Marine. I would like to have the resolution adopted as it is, and I think it will be satisfactory to the gentleman who has just spoken, because I feel that he is not opposed to the resolution.

THE PRESIDENT.-Mr. SMULL, do you propose to change your preamble to meet the views of Mr. EASTMOND?

Mr. SMULL. Yes, Mr. President; before the preamble is printed, to be sent to the Senate, we will delete the words "stricken out" and substitute "amended."

THE PRESIDENT.-Are there any further remarks? Are you ready to vote on the motion to adopt the report and resolution? As many as favor its adoption please say aye. (Chorus) To the contrary minded, no. (Chorus)

I fear the chair is in doubt. As many as favor the adoption of the motion will say aye. (Chorus) To the contrary minded, no. (Chorus) The motion is adopted.

THE PRESIDENT.-The Committee on Arbitration?

FEDERAL ARBITRATION BILL ADOPTED BY SENATE

CHARLES L. BERNHEIMER.-Mr. President and Gentlemen, your Committee has no formal report to offer, but the Chamber should be advised at the earliest possible moment of the glad tidings which have just reached your Committee, even though this be not done in a formal or usual manner.

The Chamber knows of the struggle for a Federal Commercial Arbitration Law, which has extended over the past three sessions of Congress. On the 31st of January these efforts were rewarded by the unanimous passage of the Arbitration Bill in the Senate, with some few amendments, and these were adopted by the House on February 3rd, and the bill is now on its way to the President.

Because of the unanimity with which Congress has acted, and because of the general demand from all sections of the country for this legislation, there is no reason to believe that the President will find any objection to the Bill. The Bill is the result of collaboration of Bar and Business. I would be ungrateful were I not to refer to and acknowledge the helpfulness of the American Bar Association, the Commercial Law League, the National Association of Credit Men, the New York Board of Trade and Transportation, the Merchants Association, and one hundred and twenty more institutions which have backed the Bill and supported those of us who have been fighting for the measure in the front ranks.

Even in this condensed report reference is due and warmest appreciation expressed to Senator THOMAS STERLING and Congressman OGDEN L MILLS, who introduced the Bill in the Senate and House, respectively, and who were constantly behind it. Grateful reference should also be made to the hundreds of in

dividuals who have given a helping hand, never sparing themselves, in the efforts to have this Bill enacted into law. To give complete details or to specifically mention all the names would lead too far, this being merely a preliminary and informal report on behalf of the Committee. (Applause)

Congratulations Tendered to Mr. Bernheimer Upon Adoption of

Federal Arbitration Bill

WILLIAM MCCARROLL.-Mr. President, it seems to me, sir, that the Chamber should not let pass without further recognition the report which has come from the Chairman of the Chamber's Committee on Arbitration. We all appreciate and generally understand the very broad work he has done in carrying to a successful conclusion this measure in behalf of commercial arbitration throughout the country and throughout the world. It is an achievement that is notable; it is one that carries with it very great advantages and advance of the commercial interests of all concerned. I think that this Chamber might do well to tender a vote of congratulation to its Chairman, recognizing the work of the Committee, and how largely he has devoted of his time. and means in accomplishing this which, as I have said, is a measure of very great advance in commercial relations.

I move, Mr. President, that a vote of congratulation to the Chairman of the Arbitration Committee be tendered by the Chamber.

The motion was seconded.

THE PRESIDENT.-You have heard the motion, gentlemen. It has been regularly moved and seconded. Are you ready for the question? As many as favor its adoption will please say aye. (Chorus) To the contrary minded, no. (One)

It is unanimously carried. Mr. BERNHEIMER wishes to be recorded as voting in the negative. However, that does not lessen our appreciation of the very valuable service rendered by Mr. BERNHEIMER and the gratifying report of progress he has made to us today.

The President.-Is there any further business, Mr. Secretary?

THE SECRETARY.-Mr. President, I believe Mr. DONNELLY would like to present a resolution under the head of new business.

RESOLUTIONS RESPECTING BARGE CANAL PRESENTED BY MR. DONNELLY

WILLIAM T. DONNELLY.-Mr. President, I would like to offer resolutions upon the situation of the Barge Canal, and I am doing it at the request of General E. C. O'BRIEN, a member of this Chamber. At the same time I wish to express my hearty approval of and will support the resolutions:

"Whereas, The Barge Canal has been completed and carrying traffic six years; and

"Whereas, During these six years the average annual traffic has amounted to only 1,640,000 tons, and 2,032,000 tons for the season of 1924, while the annual capacity of the Canal is not less than 20,000,000 tons; and

"Whereas, No adequate investigations on a suitable scale to determine the proper equipment on or in connection with the Canal has been undertaken; to determine such basic economic questions as capacity and types of boat for least resistance, including dept of loading; kind and type of motive power; economic speed in view of water section of Canal; movement of boats in fleets or singly with power; and costs of operating under the limiting conditions; therefore, be it

"Resolved, That the Chamber of Commerce of the State of New York, believing it to be imperative for the best interests of the State to develop to the utmost the completed Barge Canal to a profitable carrying business of the largest annual volume attainable; urgently recommends to the Governor of the State the creation of an Engineering Board of five members of suitable experience and skill, including the State Superintendent of Public Works, and the State Engineer and Surveyor, to make a thorough and effective experimental investigation on the Barge Canal itself to determine the basic economic elements governing the most suitable equipment for the Canal, utilizing in this work such available results as already have been authoritatively established. Be it further

"Resolved, That the Chamber of Commerce of the State of New York urgently recommends that this Board of Five experts make a thorough and effective investigation at the earliest practical time of all the existing Canal terminals, including their equipment, for the purpose of recommending any changes in plan or equipment if in their judgment such changes should be made in the interests of economy or efficiency, and further to recommend the construction of any new terminals and equipment if in