The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-03-22
THIS TREATY MAY FAIL
OBJECTIONS ny SEN TORS TO A COM
vENTION WITH GBEAr BRITAIN.

II Confcrs on Citizens or Subjects OF Each
Country In the Dominious Of the Other
tho Right of Acquiring, Possessing or
Disposing of Every Kind Of Property
WASHINGTON. March 2l.-The treaty between
the United States and Great Britain relative to
the tenure and disposition OF real and personal
property appears 10 be in danger OF rejection
by the Senate. This was shown this afternoon
by the vote taken on the motion to strike out
Article V. That motion was defeated by .
vote OF 80 to IL. A majority vote decides ON
all questions Of amendment, but two-thirds
are required to ratiiy a treaty finally. The
vote taken on the amendment indicates there
are not two.thirds Of the Senate favorable to
this treaty.
The discussion to-day continued for two
hours. without definite conclusion being
reached. The chief speakers were Senator'S
Turner OF Washington. Jones Of Arkansas.
pettigrew OF south Dakota and Sullivan OF
Mississippi. Much Of the discussion was
aimed at Article V. although each article was
carefully considered. 1t was held by Mr..
Turner and Mr.. sullivan that Article V.con.
ferred rights on English citizens not contem.
plated in the other part OF the treaty and en-.
tirely at variance with the title OF the conven-
ton. This article provides that In all that
concerns the right Of acquiring or possessing
or disposlng Of every kind Of property. real or
personal. citizens or subjects OF each OF the
high contracting parties shall In the ,domin-
ions Of the other enjoy the rights which are or
may be accorded to the citizens or subjects or
the III ost favored nation"
There are States that have stringent laws
prohibiting aliens from holding real estate,
and It Is cOntended that this article nullif1ed
these laws. If the Federal Government has the
right to interfere. 1t was also c%ontended that
aliens could hold real estate In the States now
prohibiting II. and that certainly this was true
under the most favored nation clause.
The treaty was antagonized also because te
interfores with the law OF descent Ia several
OF the States. In North Carolina, for instance,
there Is a law that when an alien dies and
escheat to thu state. The estate goes to the
support OF the State University. and has be-
ONE IA fruitful source OF revenue. In other
States similar laws turn such property over TO
o Ins 9 ioIda ior a G'ns dspin Suf tRe Ssba IL va se sS,ndisS
that the treaty would nulliiy all such laws. and
that such action would be In violation. OF the
rgnt guaranteed to the states BY the Federal
Constitution.
Another source OF contention was found in
Article ". which extends the provisions OF the
treaty to any OF the British colonies or foreign
fosf es, aron a mere a nc %es heinz Siv ,n , Ss
Secretary OF State within one year from the
date OF exchange Of the rathcatIons, The
right is also reserved to the British Govern.
tRe treaty in behalf OF any British proteotorats
or sphere of influence. In like manner, upon
notice Of the United States, the provision tof
the treaty can be extended to any territory
United States beyond the seas. It was con.
tended 10y the opponents OF the treaty that this
was too elastic a clause and made the treaty
even more dangerous than appeared from .
casual reading OF the text. The discussion will
be resumed Tomorrow.