Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-13
WILL H0LO TREATIES
The Presidents Decision An
nounced by Secretary Hay.
NEGOTIATIONS HALTED
EFFECT OF THE SENATE'S ACTION
SATURDAY.
Amended Articles Will Not Be Sent to
the Countries Interested-Sen-
ator Cullom's Comment.

In reply to numerous inquiries by repre-
sentatives of the press at the State Depart
ment this morning, Secretary Hay made, in
substance, the following statement:
The President regards the matter of the
general arbitration treaties as concluded by
the action of the Senate on Saturday. He
recognizes the right of the Senate to reject
treaty either by direct vote in that
sense, or indirectly by changes which are
incompatible with its spirit and purpose
He considers that with the Senate amend
ment the treaties not only cease to be a
step forward in the cause of general arbi-
tration, btt really step backward,
and therefore he is unable to present them
IN this altered form to the countries with
which we have been in negotiation"
Treaties Sent to the President.
The arbitration treaties which were
amended and ratified by the Senate on Sat
urday were sent to the President today.
Each treaty was accompanied by the usual
resolution setting forth the action taken by
the Senate.
The vote of so to in favor of the adop-
ton of an amendment to the treaties does
not give the full strength of the Senate on
the question of insisting upon it's preroga-
tives in treaty-making. There were five
pairs recorded, but in each case it was
stated by the senator announcing his pair
that he believed if his pair were present
he would vote for the amendment. There
seemed to be lack of information as to
whether general pairs covered the subject
of amendment to treaties, and on that ac-
count number of senators refrained from
voting. Senator Alice, who was recorded as
voting for the amendment, was not present.
His name was confused with that of Sena-
tor Alger, who was present and voted for
the amendment. The pairs recorded were
Depew and McEnery, Proctor and Mallory,
Clark of Arkansas and Millard, PettuS and
Crane and Simmons and Clapp. No record
was made, however as to the manner in
which these senators would have voted.
Senator Cullom's Comment
Senator Cullom, chairman of the commit
tee on foreign relations, after reading Sec
retary Hays comment on the action of the
Senate in amending the arbitration treaties
said: 1.-The Senates position is right un-
doabtedly. If anything is done hereafter
the President will have to take the Senate
into his confidence. 1t might require a lit
tie more time, but otherwise can see moth
ing in the Senate'S course inharmonious
with the Presidents Interpretation of his
treaty-making power"
The Arbitration Treaties.
The form of the treaties upon which the
Senate acted Saturday is as follows, al
the treaties being identical:
ARTICLE I.
Differences which may arise of legal
nature, or relating to the Interpretation of
| treaties existing between the two contract
ing parties and which it may not have
been possible to settle by diplomacy, shall
be referred to the permanent court of ar
bitration established at The Hague by the
convention of the 18th July, 1S99 provided,
nevertheless, that they do not affect The
al ntaraStS the jndeDendontS. the
honor of the two contracting states, and do
not concern the interests of third parties
Article HIN each individual case the
| high contracting parties before appealing
| to the permanent court of arbitration. shal
| conclude a special agreement, defining
| clearly the matter in dispute, the scope O.
| the powers of the arbitrators and the
| periods to be fixed for the formation of thu
| arbitral tribunal and the several stages O
| the procedure.
! Article III-The present convention shall
| be ratified by the President of the United
| States of America, by and with the advice
| and consent of the Senate thereof; 1t Shal
| become effective on the day of such ratih
| cation and shall remain in force for pc
riod of five years thereafter.
| +The only change made by the Senate was
| to substitute the word treaty for 'agree
| ment."
| The treaties were received at the White
| House today and following the usual pro
| cedure they will be recorded and for
| warded to the State Department. They
| will be sent to the librarian, where, il
/ accordance with the statement issued by
1 Secretary Hay, they will remain.