New-York tribune., 1908-02-14
SEVEN NEW TREATIES.
ALL FOR ARBITRATION.
To Replace Conventions No1C IN
State Department Pigeonholes.
From The Tribure Bureau. |

Washington. Feb. 13.-The State Department
expects 10 send to the Senate within the next
few weeks seven arbitration treaties. which
are substitutes for the arbitration treaties ne
gotiated with Great Britain. Portugal. France.
Switzerland Germany. Italy and Spain. ptirsu-
ant to The Hague convention. and ratified by
the Senate on February H. 1865 The Senate
refused to ratify these treaties without amend
ing them, and after they amended the
President and the Secretary of State decided not
to exchange ratifications with the other powers.
so that the seven treaties have remained in
pigeonholes at the Department of State for the
last three years
The treaties as negotiated by Secretary Hay
and submitted to the Senate, provided:
Differences which may arise of a legal nature
or relating to the Interpretation of treaties
listing between the two contracting parties, shall
be referred to the permanent court of arbitra-
ton established at The Hague : provided
nevertheless. that they do not affect the vital
interests. the independence the honor of the
two contracting states. and do not concern the
interests of third parties
Further along the treaties provided:
In each individual case the high contracting
parties, before appealing 70 the permanent court
of arbitration. shall conclude a. special agree
ment defining clearly the matter in dispute. the
scope of the powers CT the arbitrators and the
periods to be fixed for the formation Of the ar
btrai tribunal. and the several stages of the
procedure.
1t Will be recalled that radical difference of
opinion developed between the President ana
the Secretary Of State the hand and the
Senate on the ether The Senate maintained
that to ratify the treaties as negotiated would
be equivalent to delegating the treaty making
power to the executive department. as appar-
emily it was the purpose of the executive to
negotiate and approve such agreements with
out submitting them TO the Senate for ratif1Ca-
ton. Accordingly. the Senate, by vote of 90
to 8, amended the treaties by striking out the
word agreement and inserting the word
treaty in the article last quoted.
When the ratified treaties returned to
the Department of State it declared that
they amoupted to nothing, being merely agree
ments TO agree to arbitrate, subject to the
agreement of the Senate" Accordingly, rati-
fcatons were never exchanged.
Considerable curiosity is expressed in the Sem
ate as to the manner in, which the adminstra-
tion has avoided the difficulty which led to the
amendment of the former treaties it being con-
fdenty assumed that Secretary Root has found
way out of the dilemma Consequently,
the arrival of the arbitration treaties is
awaited with interest.
1t is reported, however. that in negotiating
the French treaty, announced several days
ago, the Executive has practically yielded to
the Senate, for it is understood that provision
is made that the article which specifies in de-
tail the subjects to be submitted to arbItra-
ton and the scope and manner of the proceed
Senate.
London, Feb. 13.-The subject of general
bitratiOn treaty such as been con-