New-York tribune., 1903-03-21
CUBAN TREATY TANGLE.
ITS FAILURE FEARED.
Com mplications Caused By Requiring
"ApprouGP' by the Congress.

Washinxton March 20-From such imperfect
readings Of the Cuban treaty 81 can Be had at
this stage, the State Department ofncials have
some doubt to their ability to do anything
whatever with the convention. The amend
rnents made by the Senate, particularly that
added to the ratifying article, although probably
not 50 Intended, may result in the complete loss
OF the treaty There are conflicting clauses
which Il may not be possible to reconcile Ar
ticle xI provided originally that
TIE nresept convention shall be ratified by the
appropriate authorities of the respective coun-
tries, and the ratfacations shall be exchanged AT
the 3Ist dey OF January. 1908. and the conven-
tion shall 20 into effect on the tenth cay a1ter
the exchange Of rstihcations. and shall continue
in force for the term Of fve years from Gate OF
going into effect. and from year to year there
after until the expiration OF one year from the
give notice TO the other Of its intention to terrl-
nate the same
Usually Il is provided that q treaty shall go
into effect as soon the ratincations are ex-
changed and with the slight change in this re-
spect the original ratifytng 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 and
that is how the article stood when the Senate
added this sentence:
This treaty shall not take enect onCi SuS
same shan have been approved by the Congress
This led to complications which are now vex-
ing the department Here were two dtnerent
dates nxed In the same article for the taking
effect of the treaty. The weight Of opinion
incIInes to the belief that, following the COM
mon. law principle. 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:
II is hardly regarded feasible and Is GER
tainly in violation OF precedent 20 exchange
ratifcations of document which is not treaty,
as this Cuban convention will not be, in the
opinfou Of some Of the State Department peo-
pIe until "the Congress has set its approval
upon it II this view is correct, rnen tne eA-
change OF ratihcations will have to be oe1erreo
until next winter at the earliest and this delay,
7 is thought, would cause the failure OF the
yreatv in its present form. because OF the IN
ability Of the negotiators 20 meet the require
ruAnt of Article XI, which demands that the
exchange take place before March 81 1t IS
r,ossibIe that a way will be found out or this
web Of contrarieties. and to that eno the state
Departuent people are working. The Gu
han Minister here evidently is dismayed at the
situation and although he made every ehort
in his power to keep the facts from attracting
attention they developed fully to-day, even to
the knowledge Of his Immediate compliance
with the State Departments suggestion tnat ne
cable to President Palma suggesting an lmme-
date calling together OF the Cuban Congress
which is now in recess