The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1897-03-26
Transforming the Treaty.

changes made by the Senate in the
arbitration itGeaiy on Monday, and
the cthcr remarkable changes ther
proposed and left for consideration
Sir Julian Pauncefote and eX-Sec;
retary Clney may barely recognize
the agreement they originally
drew. The skeleton certainly is left
and yet not quite all of that. A
glance at such amendments as
have at last been absolutely settled
will show the radical character of
the alterations.
The first amendment made on
Monday provides substantially
that no agreement to submit any
question to arbitration under the
treaty can have any binding force
until it shall have been laid before
the Senate by the President and
"concurred in by two-thirds of the
Senators present" This provision
apparently meets the objection
raised to the original agreement,
that it infringed upon the constitu-
tional power Of .the Ssnute. to ratify
international cQmnasts, the Senate
Of to-day signing away preroga-
tives properly belonging to sue
cccding Senates, in this matter.
When it is added that this funda-
mental change proposed by the
committee was made after only an
hours discussion in the Senate,and
without even division, the silli-
ness Of those New, York resolutions
which recently called for the rati-
fcation of the original treaty, Gas
drawn" is manifest. t
Next, the article making King
Oscar OF Sweden and Norway the
umpire in specified cases where the
arbitrators appointed by the two
parties cannot agree disappears
utterly and finally. That is a rad
zeal change of great Importance,
for we should want no European
monarch thus picked out to throw
the casting vote where. the rival
interests cohld not agree on an UNI
pirc. The very failure to agree
practically presupposes that the
question involved is not one for ar
bitration.
Again, in Article Ill, each side
was TO nominate, in certain dis
putes, one arbitrator AS amend
ed, each side nominates two arbi-
traitors, and in addition to the Pres
idcmps selections must be regularly
concurred in by the Senate.
Once more, in Article VI, the
American arbitrators, instead Of
being Judges of the Supreme
Court of the United States or Just
ices of the Circuit Courts" as the
OlneY-launcefote agreement pre-
3cribed, are to lie 'Juiists ofrepute."
In Article VIII, to the provision
allowing the President to appoint
as one arbitrator judicial officer
of Il State or Territory specially
concerned in dispute, the words
"by and with tsle advice and con-
sent Of the Senate" are added. The
substitution of jurists of iepute for
Supreme Court Judges not only
gives a wider range of choice, and
avoids the chance weakening of the
bench at time when all its work
ing force is needed, but also takes
into view the suggestion that a
member, when legal points are in
volved, may be Influenced more or
less by previous decisions of his
own.
These changes, in short, are all
palpab!y made with view to pro.
tect American interests, and to
guard those rights Of the Senate
which the original agreement pro-
posed to take away.
But radical as are some of these
changes, others were proposed on
Monday which also demand atten.
tion. One proposition was that for
each case Of arbitration q distinct
court should be designated and
made sulject to approval by the
Senate, lest court good for one
main question should be less suit
able for others grouped with it.
Bat specially striking amend
ment was offered by Senator Chilt-
Oh, The treaty opens with the
declartion that "the high contract
Ing parties agree TO submit to arbi-
tration, in accordance with the pro-
Visions and subject to the limita-
tions Of this treaty, all questions in
difference between them which
they may fail to adjust by diplo-
matte negotiations" The amend
ment makes this agreement cover