New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-08-15
DEALING WITH THE TREATIES.


1t NAV be conceded that Senator'S are
sincere in their objection to a part of
the pending arbitration treaties. 1t Is
conceivably possible to construe the
clause In question as involving a delega-
ton Of authority and 10 regard that
delegation as contrary to the principles
of the Constitution. Some constitutional
lawyers profess 10 take that view. Ger
tainly, however. many Of the most COM
petent authorities take the contrary
view, regarding the clause in question
as entirely compatible with the con-
stitutional responsibilities and obliga-
tions of the Senate. and the decided
preponderance of judgment seems to be
on the side Of the treaties as they were
drafted, which beyond doubt is the side
which most strongly appeals TO the COM
mon sense Of intelligent citizens in gen
eral.
1t must be borne in mind that the
treaties provide for the institution by the
Senate itself Of Joint High Commission
of inquiry, to which shall he referred for
investigation and report the matter at
issue between the two nations. That Is
not to be permanent commission. but Is
10 he specially created in each case. and
its reports are not TO be regarded as de-
cisions or awards But-and here is
the cruX Of the thing, in the clause to
which Senators obiect-in case the two
I tn x.-hot har Tho T.
ter is properly arbitrable that question
is to be submitted TO the commission, and
II ALL or all but one. Of its members hold
the matter TO be aTbitrable. then it shall
be so regarded. Let us suppose a specific
and concrete case: France and America
disagree over some matter. After all
possible efforts are made TO settle il by
that ordinary diplomacy which does set
tie nearly all disputes France calls for
arbitration, while America thinks that
the case is not suited To arbitration. At
that point this treaty becomes operative.
1t requires our vernment-President
and Senate-a year after the demand
has been made, to appoint three or more
men, who. in conjunction with an equal
number appointed by France. shall form
an international high commission Of in
curry. 10 which shall he submitted the
question whether or not the dispute is
properly arbitrable. If two or more Of
those American commissioners hold that
It. is not arbtra BILE, then it will not be
arbitrated: but if all. or all but one, OF
them agree with the French that it Is
arbitrable, then orr government agrees
10 submit il 10 arbitration.
Now. it is incOnceivable that the Sen
ate would not dare 10 trust the integrity.
Judgment and patriotism of commits
sion constituted by itself. and perhaps
composed Of three or more Cf its own
members. The only question is whether
il would he c0nStltutiOnaiiy justified IN
thus agreeing i'm advance 10 abide by
the decision of such Il commission. 1t
certainly seems TO US that there are prec-
edents for It's so doing. Thus in case
of arbitration Such as II has frequently
approved il binds itself 20 abide by the
decision of commission of IFS own
partial appointment and TO do that on
tho final issue Of the case. In this treaty
II is asked 10 agree 10 accept net n final
award but merely the decision OF lis
own commission rs 10 whether IT shall
proceed Ia prepare and submit the cause
10 trial-for If course, the Senate will
have large measure Of direction oyer
fine case after this decision has been
made by the Joint High Commission. II
VIII. we think, be very difficult To per
suade the average intelligent layman. or
for that matter the average cOnstitu-
tl0nal lawyer, that the process when
we have outlined infringes in the slight
est degree upon The constitutional duties
and privileges Of the Senate.
Conceding. however, as wc have SAID
that some Senators do take that view,
it must he deeply regretted that they
have now taken the course of striking
out the clause TO which they object
That action. II it should prevail. would
practically defeat. Gr AZ least indefinite
liz poStpOne. the treaties and greatly
Increase the difficulty Of finally conciud-
ing them. 1t would make il necessary
for the diplomats Of the two nations TO