The Montgomery advertiser., 1905-02-16

President and Secretary of State negos tiated an agreement with San Domln- go without consulting the senate which was in session at the time.
 That agreement, which of course was treaty in everything but name, pro vided for q court of arbitration. The court met and in its award provideo the United States should administer tne customs revenues of foreign coun- try. This the administration has pros ceeded to do and money actually has been collected and paid over, part 70 the San Domingo Government and a part to the improvement company. The state Department has explained that 1t has not assumed to act under the protocol agreed upon last month and Immediately repudiated when the ment acknowledges 1t acted under the award of the court of arbitration and that it actually has extended It's opera ttons under that award within the last not yet explained that ali this compli- cated machinery of the court of arbi- tration was created by an older secret protocol negotiated more than year ago which Is quite as Illegal on its face and quite as much in defiance of the constitution of the United States as the similar agreement last month which had to be repudiated by the adminis- tration.
 Bacon Wants to Know.
 Following upon the suhmissi of this concealed protocol to the Senate, Sena- tor Bacon introduced a series of resolu- tions inquiring whether 1t js compe- tent under the constitution of the United States for any agreement, con- vention, or protocol not made by aud with the advice and consent of the Sem ate. but solely through and by the ex- ecutive department, or an officer there constitute a constitutional agreement by and under which the United States Government shall be authorized and empowered 10 take possession of the custom houses of such foreign Govern ment and administer the same through its officers, employees, or agents, and t6 assume responsibility for the collection of such customs duties at such custom houses and the disbursement of the same and to become accountable there| for to such foreign Government. and to the creditors thereof; and. further more, to hold such custom houses until the moneys awarded under said arbl- tration shall have been fully collected and to hold the Id custom houses by the authority and power of the United States through it's officers, employees. or agents, either civil. military or naval"
 This resolution is In effect a direct inquiry as to whether the President and Secretary Of State have not violat- ed the constitution and exceeded their powers to degree which, under an unfriendly interpretation of their acts, would subject them to impeachment
 Intentions OE the Best.
 No one believes President Roosevelt and Secretary Hay. who are good, law abiding citizens. have conspired to- gether to overthrow the Government or to run the United States without rc- gard to the constitutional rights of Congress and particularly of the Sen ate. There has not been even in tho Senate the slightest manifesto ton of personal hostility tO the President. The Secretary of State never has been popu- lar in the Senate. but there is no hos tility even to him.
 There Is. however. a deep seated feeling that things have been done within the last year or two. probably in perfect good faith. which really are illegal and entirely in excess of the power granted to the President and Secretary of State under the cOnstitu- ton.
 In and out of Congress I have been able to find but few people here Tn Washington who do not admit that in the situation. SO far as 1t has been de-