The Birmingham age-herald., 1911-08-06
Desires Sentiment of People Before Senate Takes
 Action
SOME OPPOSITION IS
 ALREADY DEVELOPED
Borah and Bacon Claim Article of Anglo American Treaty Makes Arbitration Compulsory and
 Kills Constitutional
 Prerogative


 unprecedented course of making public the text of four treaties which have not yet received action at it's hands. These " ere the Anglo-American and the Fran co-American general arbitration treaties and the treaties providing for the ad- iustment of the finances and customs of Honduras and Nicaragua.
 Publicity was given to these important documents at the request of the adminis- tration, which desires that the subject matter shall receive the fullest consider ation by the press and people in order to enlighten the Senate as to the real sen timent of the country as a basis for it's own action.
 Some justification for this procedure developed today when, In the course of 8 short executive session two senators of opposite parties. JBorah of Idaho and Ba- con of Georgia. voiced their dissent to the conclusion of the arbitration treaties in the forms submitted. Their criticism was aimed at Article three identical in the two treaties) which in their opinion. i provides for compulsory arbitration and thus tends to deprive the United States Senate of its constitutional prerogative. The treaty advocates, however, felt that there had been a misunderstanding of the scope of the treaty by the two senators named and that a clause in Ar ticle 1 of the treaties which provides that there shall be no arbitration except under the terms of special agreement. effectively guards the rights of the Sem ate. such special agreement shall re- ba in nrde fp become operative.
 Aside from few minutes talk in com mittee and a very short debate in exe- cutive session of the Senate the treat ment of the subject was purely formal. The Senate went Into executive session almost as soon as it convened for the sole purpose of referring the treaties to the committee on foreign relations.
 Inspected By Committee
 Probably they would have been made public then had not Chairman Cullom, voieing suggestion by Senator Root, ! taken the ground fhat it wauid as bet 1 ter to permit the committee first t, inspect the documents. The commit | tee met this afternoon and adopted the resolution to mako the treaties l " approval of the Senate when that body again went into executive session shortly afterward.
 | The British and French treaties are substantially the same, with the ex- ception of the preambles. some small differences in dates of existing treaties referred to therein. and some mechan- ical differences between treaty making g methods of the two governments. One important provision of the British treaty requires the British government to obtain the concurrence of any of its self governing dominions affected by the proposed arbitration.
 No date has been set for the con- sidera ton of the treaties by the Sen ate committee on foreign relations In the ordinary course it will meet next Wednesday,, but there are indications that in view of the short time remain ing of the present session one or moro special meetings may be called be- fore that day
 Ii Is impossible to predict what the Senate will do with the committee's report when 1t is made, but in view of the great press of important legisla- tive matters it would be easy to pre- vent ratification of these treaties dur ing the present session if any consid- erabe degree of opposition developed.
 In view of their importance, it ia intmated that a motion may be made to ratify them in the open Senate an almost unprecedented procedure.
 The text of the British treaty, which tn treaty, with the few exception noted above. Is as follows:
 Text of Treaty
 "The United States of America and his majesty. the King of the United Kingdom of Great Britain and Ireland and of the British dominions beyond the seas. Emperor of India. being equally desirous of perpetuating the peace which has happily existed be- tween the two nations, established in 1874 by the treaty of Ghent. and has never since been interrupted by an ap. peal to arms, and which has been con frmed and strengthened in recent years by A number of treaties whereby pend ing controversies have been adjusted by agreement or settled by arbitration or otherwise provided so that now for the first time there are no important ques- tions of difference outstanding between them, and being resolved that no fu- hire differences shal be a cause of hostilities between them or interrupt their good relations and frfedshp.
 'The high contracting parties have therefore determined, In furtherance of these ends, to conclude a treaty ex- tending the scope and obligations of the policy of arbitration adopted in their present arbitration treaty of April 4 1908, so as to exclude certain ex- captions contained in that treaty and to provide means for the peaceful solu- tion of all questions of difference which 1t shall be found impossible in future to settle by diplomacy and for that pur- pose they have appointed as their re- spective plenipotentiaries:
 ''The President of the United States of America, the Hon. Philander C. Knox. Secretary of State of the United States. and his Brittanic majesty and the Rt. Hon. James Bryce. O. M.. his ambas- sador extraordinary and minister plen- ipotentiary at Washington.
 We. having communicated to one an- other their full powers, found in good and due form have agreed upon the following articles
 Article l. "All differences hereafter arising between the high contracting par ties. which 1t has not been possible to adjust by diplomacy, relating to inter- national matters, In which the high con.