New-York tribune., 1911-12-20
NO POLICE WITH TAFT
Continued from first page.

he continued, my own hope ia that We
are going TO reach IT. through arbltra-
ton treaties that are going to be grad
| ually enlarged in their scope so as 10
cover everything between two countries
Of a kind that shall leave to board OF
arbitration the jurisdiction to say
whether what arises does come within
their jurisdiction. and mat then those
arbitration treaties shall be made by one
, nation with all, and in all, with ALL and
then we shall have our arbitral court.
! Ratification Of Pending Treaties.
So nc led up to the question nearest
his hoart-the ratification Of the arbitra-
tion treaties with England and France.
With these treaties completed. II do not
doubt" said he. that we can make them
with-wei to put it mildly. many other
nations" There followed laughter and
applause
The President paused here in his argu-
ment to consider the question of ma
tional honor which the opponents Of
the pending arbitration treaties have
cited as obstacles TO their practicability.
He pointed out that what Lord John
Russell had considered a question in
volving national honor the settlement
Of the Alabama claims, and had re-
Iused on this ground to arbitrate, Glad
/ stone had found eminently justiciable.
He saio the question OF honor in this
relation aiways showed humorous side
TO him and he went on to illustrate the
| humor with great effect by reference TO
the code duello
! But getting back to the treaties and TO
the Senate, he continued:
1t is said that the Senate may not agree
| 70 let anybody else decide whether IL is
| bound, by what II has said. to arbitrate q
/ question. because it had the power 10 de
! eide, and it alone, whether the question
/ snail be arbitrated or not I like TO remind
/ my friends the Senators that It doesn
| dignity the powers Of the Senate TO call
! them prerogatiVes. | like TO remind them
that their powers or prerogatves, or what
ever name you may get for the faculties
! they get from the Constitution, are not
more sacred than is the power Of the EX-
! ecutiVe, because the source OF the power
/ in each case is the Constitution. and in
respect to foreign matters the Executive
] has the advantage of the Senate a little
( in that the Senate can't begin 10 act until
the Executive shall say it may.
In other words; the initiative in foreign
matters Is with the Executive. And thcre-
fore the same question arises in respect
20 the powers Of me Executive as in respect
of the powers Of the Senate; that IS,
l whether the Executive can make a con-
tract TO abide by the judgment of Il board
OF arbitration upon class OF questions in
the future which has not arisen and TO
/ abide by the judgment of the board OF arbi-
! tration as to any question which does arise,
whether that question comes within the
class which he Is bound 10 arpitrate. Now, |
say, there isn't any doubt about IT, There
isn't any doubt about IL for this reason:
that the Senate has already agreed-al-
ready agreed in a number OF arbitration
1 treaties, TO submit TO the judgment Of an
arbitration as 10 class OF questions IN
| the future which have not arisen.
Now, the question rs. What comes WitAin
that class? The Senate says that II must
decide what comes within that class. /
say, when they ind themselves they are
/ bound TO class, and If we have a rlSht
70 submit TO any tribunal the question ~
what arises in the construction OF treaty
then they have the rlsht tr submit thal
question as a question Of Jurisdiction as
well as a question upon the merits; ana
the commonest form Of international ques-
ton thdt arises II the question OF the con-
/ struction Of a treaty.
Now, If they don't have that power, then
what becomes Of your arbtral court? We
/ are all going to agree to abide by the
/ judgment of an arbitral court which is TO
hear the complaint of any nation against
|
against that nation if ii finds judgment
/ due. Doesn't that involve the agreement
! on the part of each nation to abide Dy the
! judgment of that court not only on the
! merits of the case when II arises, but also
/ as TO TN, Jurisdiction of that court 70
| take up that case? What is the use OF
having a court OF any superiority at all II
II can't pass on its own jurisdiction finally?
| That S what you do In your domestic af-
/ fairs Every court of superiOr jurisdiction
passes on its own jurisdiction.
4. II thnq lrn sa-ft 10 y 10
| that we ought not TO arbitrate There are
questions we could not arbitrate under
| this treaty--the Monroe Doctrine. which is
a question of national policy: or immigra-
I ton which is a question Of domestic policy.
| But. say some. you may get a tribunal
that will decide wrong OF course You
| may. Human arrangements are not per
feet We NAV suffer. but is that any rea-
son why we should give up courts, because
! they sometimes decide Wrong2 We have
! got TO take our chances with the rest We
have got 10 take that course which offers
| the best chance OF general justice. 1t is
| said we might have TO arbitrate the ques-
ton Of the Southern bonds issued during
! reconstruction days But that does not
| come within the treaty because 1t is limit
! ed TO questions arising hereafter. II APP
plies 10 questions that can be settled by
! rules of law and equity. | am willing To-
! submit every one of these questions; ~
! they are wrong and are going to decide
| against us / am willing TO abide the ju1g
! ment
a big crowd awaited the Presidents
exit from the Hotel Astor by the 10Th
street entrance. BY this time the Po-
lice Department had begun to realize
dimly certain responsibility for the
safety Of the city's guest-at least to the
| extent of detailing two bicycle police
men To escort mis- car 10 and across the
Brooklyn Bridge To the Academy of
Music The journey. however, occupied
the half hour between $3.50 and 10
| o'clock.