Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-02-11
NEW FRENCH TREATY TAFT PEOPLE WINNERS
Convention Sqned by Mr. Root Get Control of the Cuyahoga
and Ambassador Jusserand. County Committee.
WHY FORMER ONES FAIL ED SUPREME COURT DECISION
Questions to Be Referred to Being Held Ohio
Hague Tribunal Today.
MANAGER VORYS IS CONFIDENT
Thinks Will Be
Pauncefote Hav the
nd Duran Recale Assemblies March
Convention Signed by Mr.. Root
and Ambassador Jusserand.
WHY FORMER ONES FAILED
Questions to Be Referred to The
Hague Tribunal.
SOME CONTROVERSIES BARRED
Results of Negotiations Between
Olney and Pauncefote and Hay
and Durand Recalled.

Secretary Root and Ambassador
Jusserand have signed a treaty provid-
ing for the arbitration of any issue
that may arise between the United
States and France.
Owing to the rule that drafts of
treaties must not be made public be-
fore they have been the subject of
action by the Senate it is impossible
to ascertain at present how Secretary
Root has been able to overcome the
apparently insurmountable obstacle to
the ratification of such a treaty. arising
from the insistence of the Senate to
its right to pass separately upon any
question to be arbitrated.
Similar to British Treaty
1t is quite apparent from the tone Of
the discussion indulged into today respect
ign the arbitration treaty concluded be-
tween Secretary Root and Ambassador
Jusserand that something more than a
mere sentimental impulse has moved the
administration to that important action
In other words it is fairly assumed that
Secretary Root must have satisfied him.
self that a considerable change has taken
place in the minds of senators in the short
period of a little over three years since
the Senate practically defeated the at
tempt of Secretary Hay to conclude a
number of arbitration treaties.
Because of the courtesy due to the SEN
ate, the State Department Is obliged to
refuse any information as to the scope or
details of the treaty signed yesterday But
IL Is gathered that in principle the new
convention is very similar to that pro-
duced by Secretary Hay and Sir Morti-
mer Durand. the British ambassador in
Washington, on the 18th day of Decem-
Der, 1904. The Hay-Durand treaty was
regarded as type, and when 1T had
neen perfected Secretary Hay Immediate
ly entered into similar arrangement with
a number of other powers than Great
Britain. These also came to nothing, be-
cause of the insistency of the Senate upon
an amendment. which. though confined to
one single word, was regarded by the
executive as completely defeating the pur-
poses OF the treaty.. T-a.--tr rss.ea s.ssas.
--The- amendment consisted in the sub
stitut1on OF the word treaty" for the
word agreement" and the effect of
that was to require the contracting
powers before appealing the case to
= arbitration to conclude a special treaty
in each case, clearly defining the matter
IN dispute and the powers of the arbi
traitors and other particulars. That
made 1T necessary to submit to the rati-
hcatfon of the Senate special conven-
ton every time a matter was to be
arbitrated. and consequently completely
treaty, which was to provide for an
automatic and general arbitration of all
differences between the two countries.
SO, under Mr.. Hays advice. the Presi-
dent dropped the treaties and did not
even attempt to induce the other
powers to accept the Senate amendment
The 0lney-Pauncefote Treaty.
The Hay-Durand convention, which. it
is believed, is in scope similar to that
Hay and Sir Mortimer Durand to replace
a treaty of more pretentious character
negotiated by Secretary Olney and Lord
Pauncefote January IL. 1897 That treaty
comprised fifteen articles and provided
elaborate machinery in the shape of
arbitration tribunals of various forms for
the adjudication of disputes between the
United States and Great Britain. These
disputes were divided into classes. one
concerning pecuniary claims not exceed
ing f1OO,OO0; another class claims above
that amount, and third class concerning
territorial claims. rights of navigation.
hsheries and questions of servitudes
President Cleveland declared that that
treaty was "a long step in the right di-
rectlon. though rather tentative, and
was sure TO make wars between the
parties remote possibility.
But the United States Senate objected
10 the broad scope of the treaty and
after considering 1t in executive session
FOR many days and excluding from arbi-
tration questions affecting honor integrity
of territory, foreign or domestic poiicv
and the binding force of existing treaties
the body finally rejected the convention
entirely by vote Of yeas A. and NAYS
-. not the necessary two-thirds
Questions to Be Arbitrated.
Mr. Hays treaty was much narrower in
scope than its predecessor and the issues
10 be submitted to arbitration were very
briefly stated in the following short ar.
ticle:
Differences which may arise of a legal
nature. or relating to the Interpretation
of treaties existing between the two con-
tracing parties. and which il NAV NOT
have been possible to settle by diplomacy
shall be referred to the permanent court
% arbitration established at The Hague
by the convention Of the 10Th of July
1893. provided, nevertheless. that they do
not anect the vital interests the indie
pendence, or the honor of the two con
tracing states and do not concern the
interests of third parties"
The secretary was encouraged In the
belief that that treaty would receive the
approval of the Senate, because that bodv
had previously by an oyerwhelminp
vote. adhered 10 The Hague convention
and one of the articles of that arrree,
ment expressly provided that 'the high
contracting parties have reserved for
themselves the right of concluding agree
ments with view 10 referring TO srbi-
tration all questions which they shall
consider possible to submit to such treat
ment.'
But as already indicated the Senate
had either passed over this article with
out giving it due attention or had Changed
its mind. for it insisted on inserting the
amendment which rendered the conyen-
ton nugatory.
Like Other Treaties.
PARIS. February 11.-It was learned
here today that the treaty of arbitration
between France and the United States
which was signed yesterday in Washing
ton by Ambassador Jusserand and Secre-
tary Root. follows closely the terms of
similar conventions already made by
France with Great Britain. Italy, Spain
and Holland, the only differentiation be-
ing the method of ratification by the
American Senate and the French parIia-
ment.
Kentucky Senatorial Deadlock.
FRANKFORT, Ky. February 1.-THE
ballot for United States senator TODAY