The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-03-21
MADE A MESS OF 1T.
Senate BungIed Cuban Treaty
So that 1t Is Worthless.

Washington March 21.-From such
imperfect readings of the Cuban treaty
as can be had at this stage, the state
department officials, have some doubt
as to their ability tofdO anything what
ever with the conVe ntiOn. The amend
ments made by the senate, that added
to the ratifying articles, though prob
ably not so intended, may result in the
complete loss of the treaty.
There are conflicting clauses which It
may not be possible to reconcile Ar
ticla Il provided originally that the
present convention shall be ratified by
the appropriating authorities of the re-
SpectiNe countrie and that Publications
shall be exchanged at Washington, D.
c.. as soon as may be before the thirty
first day of January. 1903, and the con-
ventiOn shall go into effect on the tenth
day after the exchange of notifications
and shall continue in force for the term
of five years from 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 oIher
OF its intention to terminate the same
Usually it is provided that a treaty
shall go into effect as soon as the ratl-
fications are exchanged, and with the
slight change in this respect the org
inal 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 before the United states
senate acted to March 81. That is how
the article stood when the senate added
this seutenoe:- This treaty shall not
take effect until the same shall have
been aDprOved by the congress-.
This led to complications which are
now vexing the department. Here were
two different dates fixed IN the same
article for the taking effect OF the
treaty. The weight of opinion lncIlnes
to the belief that following the common
law principle the last stipulation Shoula
govern, which would defer the operation
of the treaty until after the congress
acted. But a more serious difficulty Is
being presented, as follows;
It is hardly as feasible and is certain
~ in violation Of precedent, 10 eXcnahse
ratifications of a document which IS no.
treaty. as this Cuban convention VII
not be- in the opinion of some OF the
state department people, until the con
gress has set its approval upon II
this view is correct then the exchange
of ratifcations viii have to be deferred
until next winter at the earliest. ane
/ this delay, it is thought, would cause
the failure Of the treaty in its DreSen
form because Of the inability Of the ne
gotiators to meet the requirement of ar
/ ticle IL which demands that the eX
4 change take place before March 81 It j.
4 possible tat q way viii be found on
| of this web of cOntTartes. and to tina
4 end the state department people nov
are working The Cuban minister her
is dismayed at the situation, and al
/ though he made every effort in hi
power to keep the facts from attracting
attention. they developed fully today
even to the knowledge of his immediate
+ compliance with the state department
suggestion that he cable Presiden
/ Palma suggesting an immediate calm.
/ together of the Cuban congress. vhlcl
! Is now in recess.