The Montgomery advertiser., 1905-05-28
ON DELEGATED POWER
SECRETARY OF WAR TAFTss AD-
 DRESS IN CINCINNATI.
Man Left "Sitting on the Lido by Roose- welt Discusses Differences Exist ing Between the President
 and the Senate.


 Cincinnati. May 27.-Differences be- tween the President and the United States Senate were discussed today by Secretary of War Taft, who was the speaker at the annual commencement of the Cincinnati Law School of this city He chose for his subject the Delegation of Delegated Power" and in the course of the address discussed at consider able length the differences of opinion which arose over the treaties to be re- ferred to The Hague tribunal In the course of his address, he said:
 T come now to a very recent instance of an attempt to maintain such a dele- gation of power which was defeated for the time, but with deference to the great lawyers who denied its validity, think will ultimately come to be rec ognized as permissible. The treaty making power of the United States is committed to the President by and with the consent of the Senate, two-thirds thereof concurring. The treaty-mak- ing power is, therefore, analogous to executive power. It ista delegated power and the rule against the dele gation of such delegated power is cer- tainly as strong as against the delega- tion of legislative power. This is ex pressly recognized in the decision of the Supreme Court in respect to the reciprocity clause of the Mckinley bill. By treaty with a number of powers, the United States agreed to the estab- lishment of an international court at The Heague. before which might be submitted controversies and differences between the contracting powers and this treaty referred to and contemplated the making of general treaties of ar bitration by each of the two contracting parties.
 These treaties were submitted to the Senate for confirmation. the Senate contending that the special agreement provided in the second clause could not have any validity on the United States unless 1t was concurred in by the Sem ate changing the word agreement to treaty in order that this construction should not be doubtful The President regarded a treaty agreeing to arbitra- tion of the parties as a mere agreement to agree, if agreement could be reached; {; and as making no successful step to- ward general arbitration of differences. The position of the President was that for the purpose of facilitating the set tlemen of international disputes, it was within the competence of the President and the Senate, as the treaty-making power. to agree with another nation that all controversies within a certain defined class should be submitted to The Heague tribunal, and to provide that the President might without fur ther consulting the Senate. by agree ment with the representatives of other powers, define clearly the matter of dispute, the scope of the powers of the arbitrators, the periods to be fixed for the formation of the arbitral tribunal, and the several stages of the procedure.
 "The argument is that in order that the treaty-making power may be eff ficiently used and that when interna- tional controversies arise. they may be speedily sent before a court without awaiting the slow process of conf1rma- tion by the Senate. The President and the Senate may, after defining the clauses of controversies to be settled by arbitration and fixing the court be- fore which such classes of controver- sies are to be settled. confer upon the executive the power to decide for the United States whether the controversy in question is in the class of contro- versies defined in the main treaty.
 Tt is to be hoped that the question n ay be re-examined at some further time and that some method may be de- vised by which general arbitration treaties may be promptly applied to in ternational differences without having to secure in each instance of their ap- clication the consent of two-thirds of the Senate"