The McCook tribune. (McCook, Neb.) 1886-1936, 1903-03-27
THE CUBA TREATY.
inperfections Tend to Measures w
iiIrv

! imperfectlons eno 10 meas~
jury.
W. JHINGTON, u. C.--Acting sec
retary Of State Loomis and MI.
Queenan. the Cuban minister, aiter
discussing the prospects OF the ratln-
| cation of the Cuban treaty within the
time limit on Friday, decided to caDle
President Palma requesting him to
call the Cuban congress into extraor-
binary session Immediately for this
purpose, as that body otherwise Would
not meet until April Z, seven days af-
ter the expiration of the legal time
limit for the exchange of ratihca-
tons
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, par
ticuIarly that added to the ratifying
article, though probably not so intend
ed my result in the complete loss or
the treaty. There are conflicting
clauses which it may not be possible
to reconcile. Article II provided orig
inally that the present convention
shall be ratified by the authorities OF
the respective countries and the ratifi-
cations shall be exchanged at Wash
ingtcn, ID. c., as soon as may be be-
before January 81, 1903, and the con-
vertion 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 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 contracting 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 rat
ifications are exchanged, and with the
slight change in this respect the orig
inaI ratifying clause of the Cuban trea-
" was III IHc uSuui IOA Ill Gnu "Ouiu
not have led to complications. The
date of January 81 was changed by
both governments before the United
States senate acted to March 81 and
that is how the article stood when the
senate added this sentence:
This treaty shall not take effect I'M
til the same shall have been approved
by the congress"
This led TO complications which are
now veXing the departments here,
where two different dates are fixed in
the same article for the taking effect
of the treaty. The weight of opinion
inclines to the belief that following
the common law principle the last stip-
ulation should govern, which would de-
fer the operation of the treaty until
after the congress acted. But a more
serious difficulty S pointed out, as fol-
lows:
1t is hardly regarded as feasible, and
is certainly in violation of precedent,
to exchange ratifcations of a docu-
ment which is not a treaty, as this
Cuban convention will not be. in the
opinion of some of the state depart
ment people, until -the congress" has
set its approval upon it II this view
is correct. then the exchange of rat
iicatiOns viii have to be deferred IN
til next winter at the earliest, and this
delay, it is thought. would cause the
failure of the treaty in its present
form. because of the inability Of the
to meet the requirement
of article II, which demands that the
exchange take place before March 81.