New-York tribune., 1903-02-23
THE CUBAN TREATY.
HOUSE, WANTS II TOICE.
.Supreme Court Nay Settle Long
Tcrcd Question.
TBr TELEGRAPH TO THE TRIBUNE.l ]


Washington Feb 22.-Representative Serene
f Pavne Republican floor leader of the House
to-day made the prediction to The TRIBUNE
correspondent that unless the Senate ainehus
the Cuban treaty by inserting a clause requi
ing the action of the House on the cohNeN'''
before It becomes operative this long cohuo
verted question of jurisdiction over ue''
affecting the revenues will at last be forced
before the Supreme Court of the United Stats
for settlement. Mr.. Payne stated fur'hei me
belief that a majority of the Senators loon w
position that action by the House was he'e'
sary land there is question that every
member of the House believes this way
If the Senate should fail to take the House u
REPRESENTATIVES into consideration regarding the
treaty. and should take its action on the treaty
before March l. Mr.. Payne predicts that 'iie
House will without doubt take action III 'ie
form of a protest. If this protest is not heeueo
bv the Senate, d case will be brought paseo oii
the revenues collected under the new reg"
tions If the treaty should be ratihed Il ai
axtra session of the Senate called for that pui
nose and which does not include SESSION oA
tbe House also, making it Impossible lol .iio
House TO make . protest until It's heA' ies
session. the prediction is made that before the
regular session of the House a case "ouio "
brought to trial which would be appealed 10 'iie
c,,nrar,e Court of the United States Ihere 10
M doubt in the rl,ds of both Senators anu
Representatives that this question OF consti.u
tional Jurisdiction regarding treaties which III
foot the revenues will eventually have 10 pe ue
cided by the Supreme Court. 1t is resarueo DO
desirable also that this settlement shou'o oe
made at an early date
The proyision of the constitution 'hd' an
revenue measures shall originate in the fouse
of Representatives but may be amenoed III 'iiV
Senate is the basis for the contention VI t'ie
House membership that a treaty when aIecse
the revenues of the country, such as d -
r,rocitv treaty requires the concurrent act.ou .
of both houses To strengthen this the Dihsi12 .l9
Tariff law which has clause allowing ~
ner cent reduction in its schedules IN rec
nrocitv treaties expressly stipulates lhdt sue l
treaties shall be ratified by Congress o.
Congress IL is contended. can Only pe 'i'tei
preted to mean both houses ,Y,.o
II Is held that the concurrence OF the nous nus
may be taken in two ways-either oy the PasSase
of specifc regulations for customs ohiceiS 9
parding the collection of the new rates Oh duLes
1,,t info effect bv the treaty. or by concurrent
action on the treaty itself by the senate anu
House The argument is made that IL the we"
held by some Senators should he adopteo' t,ie
whole tariff of the country would become suo
iect TO regulation by the Executive anu tie
Senate IT would not be an imposslbllty. IL 10
said for a reciprocity treaty to he arranged VIII
every country having commercial relations WIN
the United States. The tariff Scheoules couiu
be fixed in these treaties and put into erect
without the concurrence OF the House. accord
ing TO this plan, and thus the House wouio oe
left entirely out Of the tariff making function
over which Il has express jurisdiction unoer liie
constitution.