The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-21
EXCHANGE DATE IS MARCH 81
YET THE TREATY CANNOT BE Eff
FECTIvE UNTIL CONGRESS ACTS.

WASHINGTON, March ao-Acting Sec
rotary of State Loomis and Mr.. Quesada,
the Cuban minister, after discussing the
prospects of an exchange of notifications
of the Cuban treaty within the time limit,
this morning decided to cable President
Palma requesting him to call the Cuban
Congress into extraordinary session imme-
diately for this purpose, as that body 9TH
erwise would not meet until April Z, seven
days after the expiration of the legal time
limit for the exchange of ratifications.
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, particularly those
added to the ratifying article, though prob
ably not so intended, may result in the
complete loss of the treaty. There are con-
hicting clauses which it may not be possi-
BILE to reconcile. Article provided orig
inally that "the present convention shall
be ratified by the appropriate authorities
of the respective countries and ratifcations
shall be exchanged at Washington as soon
as may be. before the S1st day of January,
1903, and the convention shall go into eff
feet on the tenth day after the exchange
of notifications and shall continue in force
Tor the term Of five years from the date
OF going 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 1t Is provided that treaty shall
go into erect as soon the the notifications
w fhn ell aha
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 Jan. 81 was changed by both
governments before the United States
acted to March 81, and that is how the ar
ticle stood when the Senate added this
sentence: THE treaty shall not take ef-
feet until the same shall have been APP
proved by the Congress"
This led to complications which are now
vexing the department. There were two
different dates fixed in the same article for
the taking effect of the treaty. The weight
of opinion inclines to the 6elef that, fol-
lowing the common-aw principle, the last
stipulation should govern, which would de-
fer 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 as feasible. and is
certainly in violation of precedent, to ex-
change ratifications of a document which
Is not a treaty, as this Cuban convention
will not be. in the opinion of some State
bcPdi tHcHl pcOple, ultii the congress
has set its approval upon Ii. Ii this view
Is correct, then the exchange of ratifica-
tons will have to be deferred until next
winter at the earliest, and this delay, IL is
thought. would cause the failure of the
treaty in its present form. because of the
inability of the negotiators to meet the re-
quirement of Article IL, which demands
that the exchange take place before
March 81. 1t is possible that a way will be
found out of this web, and to this end the
State Department people now are working
The Cuban minister here evidently is dis
mayed at the situation and, although he
made every effort in his power to keep the
facts from attracting attention, they de-
veloped fully to-day, even TO the knowl-
edge of his immediate compliance with the
State Departments suggestion that he ca
bic TO President Palma. suggesting an i'm
mediate calling together of the Cuban Con-
gress, which is now in recess.