Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-09-23
Nay Not Permit Temporary Settlement by
Palmas Resignation.
PERMANENT PEACE IN ISLAND DEMANDED
Two Views of Duties and Rights Of ROose-
velt in the matter.
ONE HOLDS INTERVENTION NECESSARY
Judge Advocate General Davis Points
Out Authority Granted In the
Treaty Made with Cuban
Republic.
tFrom a star Correspondent

WASHINGTON, Sept. 22--(Specisl Tele-
gram. THE situation in Cuba today, ac-
cording to private dispatches. is more acute
than at any time since Secretary Taft and
Assistant Secretary Bacon arrived In
Havana. Reports other than Associated
Press would seem to indicate that the
Palma government will resign as the first
step toward bringing about peace between
the conflicting political interests in the
island. The question arises, however,
whether the Intermediates on the part of
the United States would permit of this
action, in view of the fact that stable
government contemplated in the Platt
amendment would in the very nature OF
things be sbrogated and that in order to
treat with the insurrectos Messrs Taft
and Bacon would have TO proceed upon
a new and unexpected proposition. As
result of the presence of a formidable
fleet in Cuban waters. and the landing of
marines at both Havana and Cienfuegos.
and subsequently withdrawn for the pur-
poses of mediation on the part of the
United States authorities in the persons
of Secretary Taft of the War department
and Assistant Secretary Bacon of the State
! department heads of departments here. as
well as legislators and lawyers in town,
have begun a serious discussion. whether
intervention means the acquisition OF the
island of Cuba.
Two Divergent Views.
Already two camps in the United States
I have been formed one insisting that inter-
vention means only policing of the island
until such time as the various political
parties in the island may agree upon hon
orable terms Of suffrage, and the other be-
| lieving that Intervention means acquisition
| of the territory a part of the United
| States. Another question primarily has
been injected In the political equation.
whether the president or congress has the
power OF Intervention. Article iii of the
| treaty OF 1904 between Cuba and the United
States stipulates that the government of
Cuba consents that the United States may
exercise the right to intervene for the
I preservation of Cuban Independence. etc,
| while under the constitution the president
| is given authority to do certain things In
the absence of congress, except to declare
war, etc
There are those who contend the pres-
dent, in view of the wording of article III
| OF the treaty between Cuba and the United
| States, has not the power to intervene be-
tween the conflicting interests unless d.
rected so to do by congress in session. The
consensus of opinion. however, in Wash
his rights when he ordered the representa-
tiScs Of the government, Messrs. Taft and
| Bacon, to repair to Cuba for the purpose
/ OF acting as arbitrators between the con-
hicting political interests there and should
their mission fail he would be warranted
! in throwing an armed force into Cuba
to protect American interests and that
should that be found impossible. TO estsb-
lish a protectorate.
Judge Advocate General Davis In dis
cussing the probable outcome OF the situa-
tion in Cuba said today that II now looked
very much as though an armed force
would have to be thrown into the island
to preserve peace. He is of the opinion
that this is the only course open to the
president and Furthermore that II Is his
bounden duty under existing law to inter-
vene, as established by the treaty pro-
claimed July .. 1904.
Basis of the Opinion.
Article III Of this treaty stipulates that
'the government of Cuba consents that
the United States may exercise the right
to intervene for the preservation of Cuban
independence, maintenance of govern
ment adequate for the protection OF life
and property, and Individual liberty and
for discharging the obligations with re-
spect to Cuba imposed by the treaty OF
Paris on the United States. now TO be as
sumed and undertaken by the government
of Cuba"
General Davis contends that this gives
the president direct authority TO intervene
to settle the difieulties which have arisen
among the Cubans and to send an armed
force to occupy the island for the preser-
walton of law and order.
Congress- however, in a joint resolution
signed In April 1898. for the recognition
of the independence Of the people of Cuba,
in section OF that resolution used this
language: THAT the United States hereby
disclaims any disposition or intention to
exercise sovereignty, Jurisdiction or con-
troll over said island except for the pacin-
cation thereof and asserts its determina-
ton when that is accomplished to leave
the government and control Of the island
to it's people.
Judge Advocate General Davis said that
under section OF the treaty above re-
, ferred TO President Roosevelt need not
consult congress in the matter OF inter-
veninR in Cuba He is clear on that point
and insists that the landing of an armed
force in Cuba could not be construed as
a declaration of war. Under the constitu-
ton only congress can declare war, but
In this instance the United States is only
fulfilling it's treaty obligation TO inter
vene 10 aid sister republic In restoring
order General Davis cited the fact that
in 1877 the governor OF Pennsylvania
called upon the president of the United
States to aid him in suppression OF riots al
) Pittsburg and that In 1850 United States
troops were called out to quell disturb
! ances in Chicago, incident TO the great
; strike OF that year.
president Roosevelt would be neglect.
[ ful OF his duty In Cuba" said General
E Davis, "and he has every justification
, under the law for the action he has taken
: thus far.
[ "It is probable" continued General
z Davis. American garrisons will have tC
1 be maintained at several points in Cuba
70 for some time to come in order to awe the
. insurgents into submission TO the laws
I OF their country" General Davis does noi