New-York tribune., 1902-12-17
THE TREATY WITH CUBA.
CONTEST IN CONGRESS.
Senate Insists on Sole Right to Rat
fcatiOn-House Dissents.
LRE TELEGRAPH TO THE rRIBrNE.l !

TsE TELEGRAPH TO THE TRIBUNE
washington, Dec. 16.-When the new Cuban
+-estv. which General Bliss brought 10 Wash
,,p-on to-day. is referred TO the Senate Com
,,i-ree on Foreign Relations it will again pre-
cnitate the long mooted question as TO whether
.ba Executive and the Senate can effect treaty
rbicb rnodifies the tariff without the consent of
the House
This question. which has perpIexed the most
eble constitutional lawyers ever since Wash
.ngton submitted Jays treaty to the Senate in
1875 received prompt negative answer from
practically every member Of the House, which.
Jealous Of its prerogatfves. has more than once
ro+ed against the proposition. On the other
hand. no member of the Senate could be found
-o-c7av who would concede the correctness of
the contention Of the House. Although mem
hers Of the House assert that Senators Spooner
and Foraker uphold their position. these Sen
ators refuse TO commit themselves before seeing
This particular treaty In anticipation of the
ouestion again arising diversity Of opinion has
already developed in the committee which
nrorises to delay prompt ratification of the
treaty The chairman. Senator Cullorn, while
admitting the question TO be debatable, told a
-epresentative of The Tribune to-day that he
believed full power resided in the Executive and
the Senate Asked the occasion of adding
clause 10 the Kasson treaties providing that
received the approval Of the House. Mr.. Cul-
ION said that fnasmuch they were negoti-
sted in pursuance of legislation in which both
houses took part. il was deemed only fair in the
regular order to secure the approval of the
House before they were made operative He
maintained that the action of his committee in
that instance. however. established no prece-
dent for the present occasion.
ARGUMENTS FOR BOTH VIEWS
The clause referred TO was appended TO the
Kasson treaties as the result Of special report
made by Senator Spooner at the time Mr.
spooner did not, however. go into the legal point
involved. and it was rumored at the time that
his recommendation was due to a desire to
smooth over the friction then existing between
the Senate and the House rather than TO the
merits Of the case. At the present time some
members Of the Senate committee favor the con-
cfliatory policy. others believe in positively re-
fusing 10 yield to the wishes Of the lower cham
ber and still others, who desire 10 see the legal
problen solved for all time, favor extended
discussion, followed by a final solution Of the
difficulty. This question has been repeatedly
raised in the past Jays treaty. above men
toned. the Treaty Of Ghent in 1915. and the
zollverein treaty in 1874. all precipitated the
same discussion. and in the latter instance
Foreign Relations Committee, decided the Ques-
-,or in accordance with the present contention
OF the House
John Randolph Tucker, in his work on the
constitution. which has been extensively quoted
II the committee, takes q positive stand on the
subject maintaining that ito give the Presl-
cent. with the advice and consent Of two-third5
Of me Senators present. the power 70 regulate
taxation is 10 reverse this scheme (of govern
mert1 and destroy the equilibrium OF the con
stitution" He also calls attention 10 the 1acI
nat the fra rers of the constitution were aITdio
10 trust the taxing powers to the president anu
-vzo-rrirds of the States without regard TO the
size of the latter, and, therefore, Iney s]Pu
lseed that all tax leglsiat ton must oflsIndL ~
-,a Eouee The opponents Of this view, now
eyer assert that a treaty. once ratIneo py IIe
senate constitutes contract which is blnoIIs;
large share Of Senat torial pride Is lnvoIVeo alIo
: heated and protracted argument Is me- me- "
a1Tend the ratification of the Cuban treaty
TREATY READY FOR PRESENTATION
The treaty was presented 10 the Cabinet and
considered in detail It is ready for presenta-
-,or - Congress. and probably will be trans
-,i--ad IN the Senate within twenty-four hours
7 : raearsed as highly important that 1t should
+a re+iee5 nrop1ptly While definite action ny
the Sanata or by both houses OF Congress- Il
.be necessity 10 present it also 10 the House o.
representatives arises is scarcely 10 be eEpec.eo
before the holiday recess, the administrator
hopes for prompt action after congress recon-
venes - :. treaty.
49, s7S -iT17-7Ie and as such will be forMafoeo
n the Senate by Secretary Hay Minis lIa
ouesada expected that il would oe Lsre b,,+
for him 10 sign dennltlVe Lieass ze,., General
cyng 70 the thoroughness with when 1eleia a.
BlfeE aid his work nothing further remains 70
be done by the executive branch ol 'ii
eminent.