New-York tribune., 1905-02-14
THE DOMINICAN AWARD.
Senate Held to Haze Delegated
P0aoer- Bacon'S Inquiry.

washington. Feb 13.-As an incident TO the
question between the administration and the
Senate respecting their relative rights in treaty
making. # has been developed that in giving its
approval on January IL the treaty Of ar
bitration Of pecuniary claims" commonly known
as the Pan-American Arbitration Treaty. the
Senate has committed itself 10 the recognition
Of its power 70 delegate TO the Executive the
right 10 make special arbitration arrangements,
and in Executive circles IL IS held that this
power is sufficient TO warrant its action in the
case Of Santo Domingo.
Senator Bacon to-day introduced resolution
calling for an investigation by the Committee
On Foreign Relations of a protocol Of an agree
nent under which II is alleged that the United
States is now administering the customs Of
Santo Domingo. or at least a part Of such Gus
TONS A copy Of the protocol is incorporated in
the resolution and in this the Dominican gov
ernment pledges itself to pay TO the United
States 81 10000 on behalf of the Santo Do
Tningo Improvement Company and TO allow the
United States government TO administer the
customs at certain ports in order to insure pay
ment II is under this agreement that the
United States is said to be In charge OF the
customs Of Santo Domingo and not under the
protocol entered into on January 20. which
agreement was repudiated by the State Depart
nent and another drawn. The latter agreement
Gay. The resolution follows;
Whereas. On the slst day Of January. 1903. there
signed by ". T. Powell, charge d'affaires, on
behalf Of the United States. and by J. F. Sanchez.
Minister Of Foreign Affairs. behalf of the
public Of Santo Domingo. a protocol Of agree
tn dominican Republic. in words as follows:
CIIere the resolution recites the protocol)
And whereas. 1t is publicly alleged and under
20 be that sn pursuance of said protocol
o. he award by the arbitrators made in pur-
Euance thereof, one or more custom houses OF me
Dominican RepubI!s taye been taken possession OF
BY officers Of the United States and persons subject
- their direction and control, by whom and by
which moneys ana customs dutleS at the ports al
which custom houses situated are now being
collected for the payment OF thS amounts specned
IN said award; therefore be IT.
Resolved by the Senate, That the Committee
Foreign Relations IS hereby authorized and direct
ed t5 make Investigations and report TO the Senate
Flrst-Whether the said protocol of an agreement
Il authorizing the award aforesaid, is valid
United States Of America and the dominican Re-
public without having been made by and with the
advice and consent of the Senate. as prescribed IN
A4ruele II Section 2 OF the constitution OF Ihe
seeond-Whetber IL is competent under the Con-
eCSalon OF the United states Tor any asTeenen,, &
eQFlce and consent of the Senate, but solely
l5Icugh and by the executive department or an
oilcer thereof with a foreign government, ana 10
.yasttlte constitutional agreement py ana unoer
Ehch the United States government shall be au-
sao empowered 70 take Possession a % ute ne
6enlnister the through its officers employees
- 0,aeens and 10 asSurne the responsibility ior tIle
SI.ioeLon OF such customs duties at 5ucn custom
tOuses. ana the disbursement OF the same, and 10
I7-C-le accountable therefor TO SUCH foreign gov
eminent and the creditors thereof; and further
more . hold such custom houses until the moneys
sn,atoeo under said arbitration shall have been
tLg collected, and TO hold the said custom houses
ILI gI1gh It's officers. employees or agents. either
N'''4' military naval