Los Angeles herald., 1905-02-13
CRITICIZE ACTION
OF PRESIDENT
FOSTER AND OTHERS DISCUSS
ARBITRATION TREATIES
CARNEGIE SENDS MESSAGE
Disappointment Felt at Present Disa-
qreement, but Hope Expressed
United States May Not
Fall Behind
Bv Associated Press.

BY Associated Press.
WASHINGTON, Feb. 12.-John w.
Foster, president of the national arbi-
tration conference which has been con-
Quoting active propaganda in behalf of
arbitration of international disputes,
today made a statement bearing on the
action of the senate in amending the
arbitration treaties between the United
States and eight European govern
ments.
Nh. Foster said he was greatly dis
appointed at the result so far attained
in the effort to commit the United
States to the principle of arbitration.
He had labored to secure the approval
of the treaties by the senate without
amendment because he considered the
word agreement in article of the
conventions as having the same signifi-
canoe in international law as the word
treaty. But when this matter was
brought into doubt, he regarded the
senate as justified in making this clear
by amendment las he never contemp-
lated the president would have the
mower under the treaties to make an
amendment to submit a case to The
Hague court without the advice of the
coordinate branch of the treaty max
ing power Mr.. Foster considers it is
most unfortunate that there should
arise an apparent divergence of views
between the executive and the senate.
The matter is now in the hands Of
the president and Mr.. Foster said he
had great confidence that that states
man who had shown himself the most
ardent friend of arbitration and mad
brought the warning nations in the
Venezuela trouble to The Hague and
thus rendered the cause of arbitration
the greatest service of any man of his
generation would find way to recon-
cile the existing differences and save
the United states from becoming the
most backward of the nations in the
cause of international peace.
MESSAGE from Carnegie
Mr.. Foster said he was authorized to
give out the following telegram from
Andrew Carnegie:
New York, Feb. IL, 1905. Hon. John
w. Foster, Washington, D. c.: You
can truly say that I am forced to see
that the senate only did, its duty. 1
could not have done otherwise than
vote with the majority, though with
such reluctance as Senators Lodge,
Spooner, Cullom and others expressed.
The absentees from voting are as sig
nificant as the overwhelming vote.
know the president and secretary OF
state are just as clear and honest in
their convictions as the senate is. The
senate might adopt a rule to give spe-
cific treaties submitted instant con-
would not have to wait. Surely some
thing can be done that will harmonic
the two parties anxious to promote the
same noble end.
CARNEGIE"
Mr.. Foster further said that Wayne
MacVeagh, former attorney general.
had authorized him to make public the
following statement of his views, con-
cerning the constitutional question in
Yolved
Constitution Speaks Plainly
"rhe language of our constitution,
framed by the wisdom of our fathers,
is exceptionally plain and imperative
as to the treaty making power. 1t
requires as condition precedent to
the making of any treaty and every
agreement between this country and
any foreign power should be consid-
cred treaty because the constitution
so calls it. That it should be sub
mitted to the senate and that two
thirds of the senators shall concur in
the wisdom of maintaining it. Their
concurrence makes it part of the su-
preme law of the land.
"Is it conceivable that In view of
such provisions a president alone can
make any action of his part of the
supreme law of the land. If SO. our
supreme law would be subjected to
the caprice of every successor of Presi-
dent Roosevelt and the wise men who
framed the constitution knew it would
be unsafe to intrust the law-making
power to any one man. The language
of the supreme court on the subject is
very emphatic, as follows: 1T need
hardly be said that a treaty cannot
challenge the constitution, or be held
valid ifin violation of that instrument.
This results from the nature and fun
damental principles of our govern
ment''