The Birmingham age-herald., 1911-12-20
Action Taken at 7:19 p. m. After an All Day
 Debate
HOUSE EXPECTED
 TO CONCUR TODAY
Hitchcock Offers Substitute Which Is Voted Down-Another Substitute Also Voted Down-Measure
 on Its Way to House

Washington, December 19-The Senate, by a unanimous vote tonight, formally ratified President Taft's notification to Russia of the termination of the treaty of 1882 The Lodge joint resolution, re- ported by the foreign relations commits tee ais substitute for the sulzer reso- lution that passed the House 300 to i, was adopted after an all day debate over Rus sian discrimination against the Jews of America The House tomorrow Is eX- pected to agree to the Senate measure.
 The resolution was adopted at 7;l9 D. m. It was introduced for the commit tee by Mir Lodge of Massachusetts as the messenger couched in the language most satisfactory to the Washington admin istration which sought to avoid giving offense to the St. Petersburg govern ment.
 The final action came after two sub stitutes had been voted down. It was the climax of a notable proceeding in the chamber which guards jealously it's tra- ditional powers to make aud break treat ies. All through the symposium of views to which many senators contributed
  citations of historical instances of treaty examinations by executive act. The Sem ate was held in session until late hour on the urgent plea of Senator Lodge that to secure action before the Christ mas holiday recess on Thursday it was necessary that the Senate should act to- night.
 Every senator who spoke voiced his advocacy of congressional action to meet the Russian discrimination. They were unanimous for the termination of the treaty, hut showed wide divergence of views as to the manner in which that end should be accomplished.
 Hitchcock Opposes Resolution
 The most consplcuous opposition to the Senate resolution developed tonight when. Senator Hitchcock of Nebraska offered as substitute resolution eliminating the question of race as a cause for the discrimination and emitting the charge that Russia had violated the terms of the treaty.
 \ The Hitchcock substitute. however, was along the lines of the House reso-' Iution. Those who voted in the al
  tors Chiffon, Culberson, Rayner, smith of Maryland, Taylor, Watson and Will Hams, democrats, and Senators Clapp and Poindexter, republicans.
 Senator NewIands offered substi- tute taking the place of the Hitchcock resolution. but this was voted down, without division Then came the final vote on the Lodge resolution. The roil was called, but there was no division. z Seventy-two votes were cast and all or hem were favorable to the measure ll was declared adopted and started on it's way to the House.
 With the Senate's action the Russian situation has assumed a quleter phase so far as the executive branch Of the government is concerned. The officials are looking forward to the receipt from Curtis Guild the American ambassador to St. Petersburg, of the acceptance py the Russian government of the notice given by President Taft of the desire or this government to terminate the treaty.
 Press dispatches from St. Petersburg indicate such an answer already has been handed to MT. Guild and the con tents of the Russian note, as outlinei in tlie dispatches, are perhaps some. what disappointing in that they conve! no response as to the direct statement by Secretary Knox that America stands
 
 for new treaty. s4 a lIs5f.s,
 Lodge Defends Taft
 Mr Lodge, in the Senate, defend sd the action of the President in abro-. ratine the Russian treaty without con- gressiona action. Six treaties. he pointed out, had been terminated oy notice, the first by Polk in 1927, the treaty with Great Britain. President Pierce in 1855 terminated by notice a provision of treaty with Denmark after the Senate had given it's authority
 President Mckinley terminated clauses in the Swiss treaty of 1S5o without any congressional action wl1lt- ever. he declared.
 Tn four cases the President took inc initiativer said Senator Lodge, ..and in two cases joint action was asked This shows the variety of precc- dent of action in the termination of treaties by notice
 Senator Lodge said the termination of a treaty by notice was in no sense an abrogation, or a denunciation, but was in accordance with the terms St the treaty itself He argued that where no Legislative action had been initiated in the operation of the treaty, II was competent for the President and the Senate to end treaty without the CO., operation of the House.
 Much attention was given by MT. Lodge to the contention that delay f would render it-impossible to terminate the treaty for the next two years.
 Russia has disregarded the terms or the treaty" he said. Article l has been violated by Russia, while 1t has been observed by the United States, think it has been so violated so as to dis crminate against a large element of American citizens. It is intoleraEle that it should scontinuc and constitutes a series of grievances that cannot be overestimated."
 The refusal of Russia to observe ar ticle 1 of the treaty, he said, had put many Americans in humiliating posi- ton. that should no longer be sub mitted to-
 All administrations of eithher party had. he said. used their best efforts to obtain improved conditions but without result He urged the use of temperate language in discussing the situation. so as not to hamper the President in his diplomatic efforts.
 Root C0ncurs
 Senator Root concurred in the view that the existing treaty must remain unsatisfactory and injurious, but he found in the first article of the treaty a recognition by the United States Of Russia's right to prohibit the emigra- ton of it's subjects In fact, at that time, the United States itself had ad- [ hcred to the doctrine of ndefensible al- legiance and in making the agreement each country had acknowledged the >-~-~~~>--~,-->
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