The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-14
The SENATE ON ITS METTLE.
fTS FIGHT WIN THE PRESIDENT
mas ONLY BEGUN.
Indications That II Nin Declare the san'o
DsmlnSO Arbitration Protocol Iuesh
-ReSOIutiun Pending for an InNesh-
cation Of history 90 the Agreement


rotion rf History 90 the Agreement.
WAsuNGroN, Feb l3--1he fight on the
mart of the Sen1te against the President
was only begun with the action OF the upper
House on S. turday in amending tho oTol-
trgtlpn treaties in tho fsco Of the fresi-
dents warning That II they we're chanBe'i
In any way he would let them die then ana
there DEVELOPMENTS were plenty to-day
10 indicate that the Senate Is on ia mettI -
and Intends TO see the thing through 10 me
end, In the hoTe that once ana Tor al the
limitations uron the Executive hs part
Of the treaty making and appointing power
would be definitely defined ana uhueI-
stood.
One Senator OF long experience said tha'
the Senate had been uneasy Tor some uihe
oyar What IL regarded as the failure oil tue
presldept 10 understand that the Cohsll'u-
iion innnosed certain duties upon the BEN
ate which It was obliged TO num- anu no"
that the first step had been taken IN lhe
action on the arbitration treuues " wa
Intended 10 dispose Of all other points OF
difference with the President on lhe
theory that tho lesson, If not well taught
might be ineffective
In amending the arbitration treaties by
an overwhelming majority without re-
gard 10 PARTY lines. the Senate LAID down
the constitutional Interpretation that no
apreemept between the United Stntes ana
A foreign nation could be binding upon the
tnited States unless It had the approval
II tho Senate This naturally brought
into question the legality Of the award
rendered By tho court Of arbitration wmoh
r . lac.
Improvement Company OF New lorN
against the Dominican Government
Tho arbitration was conducted in accord
ance With protocol which was nov SUI
rnitted 10 the senate; but of far greater
importance IN view Of the Scnate'' athtuoe,
4, tho fact that undar the orbitral award
tho United States Government has taken
possession Of Dominican ports and 10 col
Letting the revenues there, using unl'ed
states oHterz for the purpose, thus ASSUME
ing national obligations without the al
vice and consent OF the Senate
Senator Bacon Of Georgia a member Of
the Commitee on Foreign Relations, VINO
wa one OF tho first to insist that no agree
rnent to arbitrute under the treau es WIN
Turnpean countries would be valid unless
ratified by tho Senate, to-day ipade ule
first move in tire direction OF escertAinlhg
whether the President was acting IN con-
formity with the Constitution IN assuming
national responsibility for the COLLECTION
and di-bursemont Of revenues belonging
to- foreign state without The senate .
sdViCe aud consent ~
AIR bacon introduced a resolution call
ing Tor an Investigation Of the clroun-
etances attending the assumption OF cen
troll of Dominican custom houses 10y the
Executive Government 81 the United
states and II was referred TO the Counhttee
On Foreign Relations without aeuate,
In ' ~ Of the SenAte's demand that al
ac~eetu -nts which committed the Gov
eTpme 20 the assumption Of obhgauons
toward smother Government should DC
submitted 90 the Senate for ratification,
n Ia probable that the Bacon resolution,
or sorne form Of it, will be adopted Inc
rssomhon follows
Whereas on the aist day OF January, 1909,
thsre was signed hy W + Powell, Charse
dfhfatss. Oh behalf OF the United States,
ard ~ Inc Foo SANCHEZ, Ainirtn de ktla-
ciores Eaienorrs, on henhlf 81 NE hepuoilo
OF Santo Dnminlo, protocol OF an asiee-
ment between INC United states oil Aqef'.l
follows. There the resolution rected the
~ eres. Il hss been publicly alleged and
generally understood 80 he true that 10 pm;
suanre Of the protocol. and OF the award
by the arbluators made 10 pursuance
tEereaf .lHi. ae mara custom houses III tie
Dominican Republic have been taken posses
sion OF by officers Of ;he United states and
persons sublrrt 10 thrF uueStluh anu 'ulI
troll by whom ana ny Nhl.h HWI'N5 So
customs dates al a., po,t al wn!V9 iny
cunlom nous ,t a. ns y,,a3t Of The amounts
.9sn,eisot II, saii ayari therefore lie il
PssnIrtd ~ the senate. that the Com
mittes on FOREIGN Relations be aud It Is
lien ohy Authorized aud directed 20 MAKE
!nXeetlRatloh Ihl IoP"'I " '"e '''N'o %
ioAoWs uo.o.ho. "a. sold rroto,ol NJ an
rnlnt tr 'thor;zInl, tLe award as afofc-
ga = Wild And binding agreement or
convention between the United states ~
America and tho Dominican keplphc, WIN
out hAyn1 been nllue 9Y H,N N'.m w III I'll
VICE ana o91aeul ~ ~ IT, a,iti'tIam of
~ Atilyte tl,1fn ~, -
Second-Wheth3r IL Is competent under
the Constitution OF the United states for
any agreement, convention or pploc"'
not made " ana WIN Tue dIF,tg i ani VuuJi
sent nl we ntl,t , d Ue, or nm o0f,er
.y.',gJ SAHL foam Gnvernmeut and TO
enY-tit,ite a aoustitutohal agreement By
and under which the United states GOVERN
meut ghal he auihorl%ed aud empowered
70 take Possession oi me C3tH , dnuSns o oI
sheh lele'tp l,ufSS' ii IN lere en,,,Invees or
sesnts md to assume the RESPONSIBILITY for
the ooiectlon Of .uch customs duties al such
custom houses and the disbursTmeut OF the
same and 90 h"come He'"uhlaule 'h'ltinr
% such lei e,sh 10y si ~" 20 N t,G y,
tofs thsi sol 60 ,,,,'t tfe money! sSaTdeI
vnJer aaid admiration shall have been fuily
Collected, aud 10 hold the said custom house
by the authority and power ol the United
States through lts uHtetn, tmlllleea OF
"a