New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-08-15
SENATE AND PEACE TREATIES
No Reason for Anxiety on Account OF
immigration or the Schools.
To the Editor OF The Tribune.

VI biC oShNNho'
To the Editor OF The Tribune.
Sir: To say that the third clause OF Aru-
Gle III of the peace treaties deprves the
Senate Of its constitutional privilege as
part Of the treaty making branch Oh tne
government is almost analogous to saying
that a general law passed by state legls-
lature deprives the latter of its privilege
TO enact a special statute for each case
that might arise under the general law.
II is apparent, however. as reports come
from Washington, that the opposing sena-
tors are giving inapt expression TO theH
real objections. These seem to be that, by
an Interpretation of the clause supposedly
susceptible. the door would be opened to
arbitration of questions of immigration
and Of admission Of Orientals TO pubic
schools: and the fear seems to be IN the
minds Of these Senators that such ques-
lions would find their way round the sen
ate and, without due regard to the iatter'
through a Joint High Commission 10 the
Court Of Arbitration.
II is TO be considered, however, that the
issues to be presented to the court wouio
be Cd breaches of international contracts,
and CO what we may term lnterha'lohdi
forts or international wrongs
A breach of a treaty Is casus pelh III
greater or less degree, for which. when IL
is not ignored. satisfaction Is obtained
either by diplomatic adjustment, arbitra-
ton or war. according to its importance
and the temper Of the contracting powers
and It is hard TO conceive how Tue sen
ate. as a part of the treaty making prahch
of government, could have hand IN menu
ing such a breach except by the making
OF new treaty. For this allowance Is
made I'm Article l. which provides TOT the
submission to arbitration of/"all dlffer-
ences which 1t has not been posi-
BILE to adjust by diplomacy and ny Aru-
Gle H. which provides for the postpone
mont for year OF the reference ol
difference to the Joint High COMMISSION
"in order to afford an opportunity ior
diplomatlc discussion and adjustment Oh
the questions in controversy. II either party
desires such postponement.
Necessarily. any question Of immiSra-
ton to be justlciable must Involve 'ne
breach of a treaty previously made con-
corning it, Every government mas the ap-
solute right to regulate or prevent ilii'N
grafton to its territory in the absence Vi
any treaty by which 1t may nave sur
rendered or limited such right And' re-
gardless OF what our personal views OH t"e
subtect of immigration may be, an opJec-
ton IN the clause under discussion on the
score that an immigration question may
find IFS way 10 the Court or Arpitld'ioii
must appear to foreign powers as ho'lee
that a mart. at least, Of the treaty max
ing branch will feel at liberty TO keep OF
break a treaty as best suits H.
Tho foregoing reasoning applies also to IN
ternational torts, Just as in the case u
nr,vate tort committed by a corporation
or individual against another there ~ al
most always an attempt to reach al du-
iustment and contract OF settlement ldli-
ing which resort is had TO the courts tne
peace treaties provide for resort 10 arpi-
trat,on only after diplomatic adjustment
has failed. rr,,
Tbere need be no fear OF Old NoIlo
dominance on any Joint High COMMISSION
We are ready, when occasion requires 10
submit our private controversies 10 the
federal courts. And ii is not to be assumed
that the members appointed oy ms gov
| eminent TO a Joint High Commission VIII
! no mon of less ability, strength or III
teprity than the federal judges Further'
+, Is of necessity implied in the peace
,reaties that no subject can be justlclaple
r,b,cb in its nature Is outside the scope ol
tho treatv making power The p"Yer OF
every government TO make 'reaIes mas
certain limitations. which vary eccoiu ins
20 tho nature and constitution of the Bo'-
VT
ohv;ous case. it is plain rhat no treaty
could remove King George or HIS IdH"iy
from the British throne or make mon
archies of France and the Umted states
To state a case less extreme, put no less
obvious. no treaty could CONFER upon
either a foreign power or our own ha'loli"'
,,o,,ernment the right to regulate the IN
,arral affairs OF any Of our own states
And these include public SCHOOLS Inc
"aNaire San Francisco as 1t was calIed III
dinlonatic parlance. serves not 10 oPPoS9
hut IN illustrate this proposition. IL was
ro,er maintained by those who were thor-
a,,ot,lv conversant with the facts IN that
,o,,roversv that the Japanese could nave
o,o;,,,ad any right to attend the pubic
.a,,ooIs In California had II not been Tor
a,a,,,to enacted by the Legislature OF that
800 nbich. opened the door to the opera
tion Of the treaty with Japan. Just as We
net understand that a foreign govern
wont cannot by treaty with us make any
substantial change in its fundameh'a,
,oairs so foreign governments must anu
do understand that they cannot expect 10
-. .~oetv to make such A change IN ours
that no treaty purporsing To 90 So "ouiu
.,rI us and that no question arising
undor such treaty would be justiciaple'
FINALLY. the peace treaties provide Una, /"
a,,o..tior shall be determined to be JUSTICE
ath, only in case all or all but one oi
.,o members Of the Joint High Commis-
sion so decide it. and it is to be presumed
dot we can safely trust the PATRIOTISM
integrity, int and ability of our own members
., any such commission
u aug FRANK n. CROSBY.
New York. Aug IA. lsl'
Alto HORNS,