The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-21
CHANGES NEEDED
IN CUBAN TREATY
President Palma Asked to Call
Extra Session of Congress
CLAUSES ARE CONFLICTING
It Is Very Necessary That the Differ
enoes In the Various Sections Must
Be ReconclIed as Early
as Possible.
CLAUSES ARE CONFLICTING

washington, March 20.-Acting Secre-
tary Of the State Loomis and Mr. Cues
ada, the Cuban minister, after discussing
the prospects of an exchange of ratifica-
tions of the Cuban treaty within the time
limit this morning decided to cable Pres
ident Palma requesting him to call the
Cuban congress in extraordinary session
immediately for the purpose, as the body
would not otherwise meet until April T.
seven days after the expiration Of the
legal time limit for the exchange Of ratifi-
cations.
From such imperfect readings of the
treaty as can be had. at this stage the
state department officials have some
doubt as to their ability to do anything
whatever with the convention. The
amendments made by the senate, particu-
larly those that added to the ratifying
articles, though probably not so intended,
may result in the complete loss Of the
treaty.
Conflicting Clauses.
There are conflicting clauses which it
may not be possible to reconcile. Article
II provided originally that "the present
convention shall be ratified by the appro-
pirate authorities of the respective coun-
tries and the Publications shall be ex-
changed at Washington as soon as may
be before the 31st day of January, 1903,
and the convention shall go into effect on
the tenth day after the exchange Of rati-
fications, and shall continue in force for
the term of five years from date of go
ing into effect, and from year to year
thereafter until the expiration Of one year
from the day when either of the contract
Ing parties shall give notice to the other
of it's intention to terminate the same"
Usually it is provided that a treaty
shall go into effect as soon as the ratifi-
cations are exchanged, and with the
slight change In this respect the original
ratifying clause of the Cuban treaty was
in the usual form and would not have led
to complications. The date of January 81
was changed by both governments be-
fore the United States senate acted.
March 81 and that Is how the article
stood when the senate added this sem
tenee: This treaty shall not take effect
until the same shall have been approved
by the congress"
Two Different Dates Fixed.
This led to complications which are
now vexing the department. There were
two different dates fixed in the same ar
ttcle for the taking effect of the treaty
The weight of opinion inclines to the be-
lief that, following the common law prin-
ciple, the last stipulation should govern
| which would defer the operation of the
treaty until after the congress acted. But
a more serious difficulty has been pointed
| out as follows:'
1t is hardly regarded feasible and is
certainly in violation of precedent to ex-
change notifications of a docur2ent which
is not treaty, as this Cuban convention
will not be, in the opinion of some of the
gress has set Its approval upon 1t. If
this view is correct, then the exchange
of ratification will have to be deferred
until next winter. at the earliest and this
delay, 1t is thought, would cause the fail
ure of the treaty in its present form
because of the inability of the negotia-
tors to meet the requirements of article
H., which demands that the exchange
| take place before March 81
1t is possible mat a way will be found
out of this web and to that end the
! state department people are now work.
ing. The Cuban minister here evidently
is dsmayed at the situation and all
though he made every effort in his power
to keep the facts from attracting atten-
ton, they developed fully today even to
| The knowledge of his immediate COM
| pliance with the state departments sug-
| gestion that he cable to President Palma,
/ suggesting an immediate calling together
| of the Cuban congress, which is now in
/ recess.