The evening times., 1911-08-22
ARBITRATION n
TREATIES WERE
ABLY DEFENDED
Senators Root, Cullom and
Burton Filed Minority Re-
ports Favoring Them

HUI anu CUllUM EAvUR
SAFE GUhRO|NG DECLARATION
Would Exclude From the Terms Of
Treaties All Questions Involving the
Traditional Attitude Of This Coun.
try on American Questions.
Washington, Aug. 22.-The treaties
Of arbitration with Great Britain and
France were defended in minority re-
ports fled in the senate in executive
session yesterday by Senators Cullom,
Root and Burton, Of the senate COM
mittee on foreign relations.
Mr.. Burton contended that the
agreements required no amendment.
because. as he declared, the preroga-
tive sof the senate are sufficiently
safeguarded. Senators Cullom and
Root, making practically the same
SOA.0AeaOAs uAu0A IOoh W pIOV1uo
against any possible mishap by sug-
gesting declarationin connection
with the resolution of ratification ex-
pltcitly excluding from the terms Of
the treaty all questions involving the
maintenance Of the traditional atti-
tude Of the United States concerning
American questions or other purely
governmental policy"
In addition, Senator Bacon suggest
|! ed modification of this amendment
under the terms Of which the exclud-
ed questions are specified. He named
qquestions arising under the Monroe
doctrine and those pertaining to Inn
migration and territorial integrity,
while Senators Cullom and Root treat
ed them as incorporated In the gem
eral language Of their suggested dec
laration. u
While asserting he was sure Of his
ground, Mr.. Burton said the senate
could protect itself by adding a dec
Narration that its approval had been
given ION the distinct understanding
that the foregoing interpretation q
the CORRECT meaning of the clause or,
| II ,preferreds specific exception c6uld
be made ~yof questions not regarded
as justiciable."
The statement presented by Sena-
tors Cullom and Root contained the
declaration hitherto proposed by Sem
ator Root in connection with the
treaties. 1t Is intended to be part
Of the resolution Of ratification and is
as follows:
The senate advises and consents
to the ratification of the said treaty
with the understanding, to be made q
fpart Of such ratification, that the
treaty does not authorize the submis-
sion to arbitration of any question
which depends upon or involves the
maintenance Of the traditional atti-
tude OF the United States concerning
American questions or other purely
governmental policy"
AS originally presented the amend
ment specifically included the Mon
roe doctrine among the questions to
be excluded from arbitration, but in
the draft introduced that subject was
omitted, evidently under conviction
terms Of the declaration.
| Senator Bacon Of Gergia proposed
an amendment to Senator Roots dec
laration, specifically including the
Monroe doctrine and mentioning 9th
er questions for exclusion. He also
proposed that "the treaty does not
purport or intend that there shall in
any case be denied to the senate of
the United States the full exercise Of
all the powers and duties conferred
upon 1t by the constitution of the
United States in advising and con-
senting to the making Of treaties and
to every part of the same, and to
every question entering therein; and
that nothing in said treaty shall be
construed to impose any obligation,
legal or moral, upon the senate to
waive its constitutional authority and
duty to consider and determine each
and every question entering into
treaties proposed or submitted in pur-
suance thereof, including the ques-
ton whether the matters in differ
ence are arbitrable." Is
In statement accompanying the
Root amendment the New York SEN
ator says that he does not consider
the pending treaties involve any
abandonment Of the senate's consti-
tutional powers. He found no OBJ
stacle to the submission to arbitra-
tion of the question as to whether a
subject is arbitrable and asserted that
such submission was not delegat-
ing to commission power to say
what shall be arbitrated.
In his report Mr.. Burton said the
senate would be deprived Of none of
its functions.
He declared it would practically be
impossible for the senate ever to
have occasion to refuse its approx
al Of the arbitration of question
which the commission had reported
to be within the scope Of article 1.
He added that the clause In question
did not deprive the senate Of any con-
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