The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-02-12
SINE AS FORMER TREATY.
Change Of Heart in the Senate If 1t
Goes Through.

OOCS HTCuYHs
Washington, Feb lit is quite appa-
rent from the tone of the discussion in
dulged i'm today respecting the arbitration
treaty concluded yesterday between Secre-
tary Root and Ambassador Jusserdnd that
something more than a mere sentimental
impulse has moved The administration to
ihis important action In other words.
II is assumed that Secretary Root must
have satisfied himself that cOnsidera-
Die change has taken place in the minds
OF senators in the short period of a lit
tie over three years since the senate prac-
tically defeated the attempt iOf Secretary
Hay TO conclude number of arbitration
treaties Because of the courtesy due to
the senate, the state department is obliged
to refuse any information as to the scope
or details of the treaty signed yeSter-
day. But il is gathered that in princi-
pie the new convention is very similar to
that produced by Secretary Hay and Sir
Mortimer DuTand the British ambassador
In WashinStons on December II, 1904.
One Word Proved Fatal.
This Hay Durand treaty was regarded
ed, SecretaryS Hay Immediately entered
into similar arrangements with a num-
Der OF other powers than Great Britain.
These also came TO nothing because of
the insistence of the senate upon an
amendmentw hich, though confined TO one
single word, was regarded by the eXecu-
tive as completely defeating the purposes
or the treaty. The amendment consisted
in the substitution of the word treaty
for the word agreement" and the eff
feet of this was to require the contract
ing powers, before appealing the case TO
arbitration. TO conclude a special treaty
in each case clearly defining the mat
ter in dispute and the powers of the ar
bitrators and other particulars
Treaties Dropped.
That made it accessory to submit to
the ratification of the senate a special
convention every time a matter was TO
be arbitrated and consequently COM
pletely inverted the purpose of the orig
automatic and general arbitration of all
differences between the two countries.
So. under MIR. Hays advice, the president
dropped the treaties and did not even at
tempt TO induce the other powers to &C
cept tho senate amendment.
This Hay-Durand convention. which It
IS believed is in scope similar to that
signed yesterday. was evolved by Mr..
Hay and Sir Mortimer Durand to replace
a treaty of a more pretentious character
negotiated by Secretary Olney and Lord
Pauncefote Jan. II, 1897.
The Hay Treaty.
Mr.. Hays treaty was much narrower
in its scope than its predecessor and the
issues to be submitted TO arbitration were
very briefly stated in the following short
article:
Differences which may arise of a legal
nature or relating 20 the Interpretation
of treaties existing between the two
contracting parties and which II may not
have been. possible to settle by diplomacy
shall be referred to the permanent court
of arbitration established at The Hague
by the convention of the 18th of July.
1889 provided. nevertheless, that they do
not affect the vital interests. the indie
tracing states, and do not concern the
interests of third parties"