New-York tribune., 1911-09-17
TAFT OFFERS OLIVE
BRANCH TO SENATE
Suggests Compromise to Over.
come Objections Raised to
Arbitration Treaties.
TO YIELD ON COMMISSION
Would Have Senate Confirm
American Members or Aban-
don Proposed Joint High
Body Altogether.

Body Altogether.
Erie, Penn, Sept. 16.-President Taft
ended the first of his fortysix days Of
speechmaking with an address to a big
throng in the Auditorium here tonight.
Before arriving here he had spent nine
hours in Syracuse and made three
speeches there. The President said he
had determined that his average on this
trip should be four and one-half speeches
day, so he did not start out at top
speed. His reception here was very en-
thusiastic.
Mr.. Taft reserved his most important
utterance Of the day for the speech here,
when he outlined a plan by which he
hopes to overcome objections in the Sen
ate to the recently negotiated treaties of
arbitration with Great Britain and
France. These treaties have been held
up and threatened with defeat largely
because a number of Senators have con-
tended that the proposed joint high COM
mission which would determine whether
or not a question should be sent TO arbi-
tration practically robbed the Senate Of
It's right Of passing on the question.
The President tonight suggested as a
compromise that the American members
of such a commission should be con-
hrmed by the Senate. He said he saw
no reason why they should not be II
Congress or the Senate thought 1t dan
gerous to trust the President only to
make the appointments. He indicated
thai he would go further than this and
be willing to do away with the joint
hish commission entirely II need be and
leave the decision as to whether a ques-
ton was arbitrable or not TO board Of
arbitration. Still further. he would be
willing 10 have this board pass on the
merits Of the question as We'll as on
jurisdiction.
Should Be Consistent.
Either we are in favor of arbitration
of issues which are likely to lead to war.
or we are not" the President exclaimed.
"Tf We are in favor of war as the only
means of settling questions OF ;mpor-
tsnce between countries, then let US rec
ognize it as a principle and decline all
S1oisraiion: but " we arc really in favor
Of arbitration as a means of avoiding
var. then why should we not be willing
TO submit to impartial men the decision
upon question rather than to leave IL
10 the result Of bloody battle in which,
with a fair cause. we may be beaten or.
with an unjust cause, we may conquer
The President said that the advance
made in two treaties negotiated, at his
instance. by Secretary Knox with Eng
land and France was noteworthy, in
agreeing TO arbitrate all questions ex-
cept those which affected the vital in
terest or the honor of either country.
These treaties provide that all tusticiable
questions should be arbitrated between
the two countries, and that justiciable
was 10 be understood to mean any ques-
ton Of an international character aris-
Ing between the two countries in which
enc country made claim against the
other and which could be decided by
the application Of the principles of law
or equity. He continued:
Every one will agree that this is long
step forward toward the settlement OF ali
questions arising between the two coun-
tries. The objection 10 the limitation in
the existing treaty is that there are very
few questions of importance of an inter-
national character. arising between two
the opinion Of one or the other party, do
not involve either its vital interest or its
national honor. The words are so broad
and capable of being made so much
broader by construction and argument tina L
,ton. 'eN'' 'siy niue lot a'0'''A-
And when We consider that there is no
tribunal independent Of the parties to de-
eide whether the question which arises Is a
question OF vital interest or of national
honor 10 either party, and that must be
left, therefore finally TO either party ia
decide. we find that what the existing
treaties amount 10 in effect is that We are
generally IN favor OF ar6itraling those
questions which are not OF great impor-
lance to US at any rate, and we will do
1t. II We wish 10 do IT. when the time
arises.
II can hardly be said that such treaty
makes a very large step toward peace and
II Is in respect Of this feature that the
proposed treaties make decided advance
Upon existing treaties. because they do noi
leave IL 10 the decision of either party Ia
Say whether the question is a iustcia bic
one under the' first section OF the treaty.
SION to consist Of three nationals Of ore
iarty ard three nationals OF the other
tfat is. three subjects or citizens OF ono
psrty and three subjects or citizens OF the
other-to decide hy vote. either unani
NOUS or OF five 10 one. whether the qucs-
lion arising is justiciabe or not: and II
hey decide that II is justic'able. then the
Executive and the Senate are In duty bound
sud In treaty bound TO take the steps
necessary to proper submission Of the
question to board OF arbitration.
Now, II the Senate desires, or N Con-
gress desires. there Is no reason why the
three nationals-that is. the three Ameri-
cans--who are to be appointed upon such
joint high commission should not be
confrmed by the Senate, II II is thought
dangerous TO trust tile President only TO
make the appointment IL could De reason,
soy assumed that three Americans would
not be likely TO decide a question against
iheir own government. or that two out
of three would so decide question IL
there we're any real ground Tor rendering
decision in favor OF their own country.
But ] go much further than this. !
WOULD be willing TO leave the question OF
Nne,her sn issue arising between two
countries Is justiciable or not 10 the de-
plsion OF board OF arbitration, which Is
sitlmately 10 decide arbitrable questions.
J would be willing to have that board pass
hot only upon the merits OF the question
nut also upon the jurisdiction-and ulti-
mately J have no doubt We will come TO
HAT.
This Is step In that direction. and taxes
away from the Executive and the Senate
me absolute power TO withhold question
iYm arbitration Just because they do not
tinpk II ;s justiciable.
Waiting for Canada on Reciprocity.