Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-14
DECLINE TO Be BOUND
Objection Of Powers to
Amended Treaties.
DEEMED ..oNE-sIDED
WILL BE KEPT AT THE STATE
DEPARTMENT.
Claimed in Administration Circles That
the President Did Not Seek to
Establish a Precedent.
DEEMED ONE SIDED

Secretary Hay has not yet communicated
to the representatives of the powers here
with whom he had negotiated arbitration
treaties the action of the Senate SATURDAY
in amending those conventions, and II IS
probable that he will not do so, permitting
them to take notice for themselves of what
has occurred at the Capitol. The conven-
tons are now in the custody Of Mr.. Alien,
the librarian of the Department or state
In charge of rolls and records, and unless
he receives other orders from the Secretary
of State they will remain in the hles Oh
the department and will not receive further
diplomatic treatment
1t has developed that not all of the powers
are unwilling to accept the amendment TO
the treaties made by the Senate, and that
Is particularly the case with some which,
while holding that the amendments have
partially devitalized the conventions. are
willing to conclude them as fresh evidences
of the strength of the growing feeling That
international disputes should be settled by
arbitration.
Decline to Be Bound.
There are other powers, however, which
positively decline to accept the Senate
amendment and exchange notifications on
that basis. The principal basis of their
o01>S@ioiA ~ III OCeSdluS iuiIiiOi WIN ei'S
treaties is found in the argument that
the conventions would be entirely one
sided. In other words, they would bind
the European power to arbitration of any
dispute with the United States falling
within the terms of the treaty without
further recourse, while even after having
signed the treaties through accredited
representatives, the President of the
United States might easily escape carry
ing them into execution by referring
them to a Senate in a certain state of
mind. ga....
In that situation, some of the powers
being willing and some unwilling to &C
| cept the Senate amendments, it is not
deemed proper to- proceed to conclude
treaties with some and not with Others
hence, IS indicated in the Presidents let
ter to Senator Cullom, and in Secretary
Hays statement yesterday, the amended
treaty will not be submitted to any OF the
powers. 'Ha6 90
No Precedent Attempted.
1t is now pointed out in administration
circles, in further evidence of the allegation
that the President has sought to establish
10 precedent in treaty making and in seek
| ing delegated power from the Congress to
conclude speaia1s agreements not subject to
revision by 9the Senate, that the language
of these arbitration treaties relative to such
"agreementso is, CLOSELY patterned upon The
Hague trea To-, to which. the Senate gave us
approval; ana shatti,under that treaty the
executive has power to make special ar
| rangenents for Arbitration. Article XXX
ofsThe Hague treaty touching; that point
reads: ss S9ifsI1fz~, 9. -. .... .-.. , .,--..
".The powers WHO have recourse to arbi-
tration sign a. special act 3compronis'J j. in
which, the .subjett Of the difference is clear
" defined as vel AZ the extent Of the arbi-
| traitors powers 80
The arbitfatit4a treat, in. Article ri reads
In each Individual case the high con-
tracing parties before appealing TO the
permanent court of arbitration Shall con-
| clude a speciai-agfeement,4 defining clearly
| the matter IN dispute andEthe scope of the
powers of the arlitCatQrS.
| The FRENCH word ."compromis.' used in
| The Hague convention, is said by depart
| mental experts to- be, equivalent not to the
English word compromise, but rather tic
| the term agreement At any rate the
executive branch of the government 1t is
| said has proceeded heretofore and without
| objection upon that understanding.
| Other conventions similar in terms and
| scope to these failed arbitration treaties
| have been in process of negotiation between
| the State Department and some of the for
! eign ministers, but these negotiations have
| now been completely suspended, and the
japanese treaty, signed Saturday morning
| will be the last of the list.