Omaha daily bee., 1911-09-08
Visits the State Fair and is Received
by Fifty Thousand Citizens.
S A FAMILIAR FIGURE TO ALL
Chief Executive is Accompanied by
Attorney General.
ARBITRATION THEME OF TALK
Sees Hope for the Establishment of
an Arbitration Court TO which All
International Controversies
sLaII De Submitted.

ised engagement to Senator George p.
Mclean.
Memorial han in the new state library
was turned into a temporary lunch room
for the visitors and the president, who
was accompanied by Attorney General
wickersham. Here the president made
brief reply to the welcome by state and
city.
Nearly $1,000 people gathered at the state
fair grounds to hear the presidents views
on arbitration.
President Taft is such familiar figure
In Connecticut that he spoke today like
one renewing old acquaintance. He dealt
almost exclusively with the legal technical
tiles of the arbitration treaties with Eng
land and France which now await the ap-
proval Of the American senate.
Position of the Committee.
Perhaps the most significant part Of his
address was as follows: The majority
of the senate committee on foreign rela-
tions say they cannot consent that any
body else shall decide for them where
question arising in the future is within
the provision of the first article of this
treaty; that for them to do SO is to dele
gate their power to another tribunal and
is to bind themselves by an obligation
which they have no power to assume.
1T is the view of the minority, however,
and with that view 1 am earnestly in ae-
cord, that the issue where a future diff
ference shall be within the terms Of the
description Of article one of the treaty Is
an international question arising out of a
construction of the treaty under q claim
of right by one of the parties to an arbi-
tration and is a question therefore that
the president and senate, acting as a
treatymaking power, has the right to agree
by treaty to submit to a tribunal for final
judgment.
In what different way is the treaty
making power invoked when we ask the
senate to concur in a treaty which agrees
to submit all justicable differences to
arbitration and when it is asked to agree
to submit to arbitration the question
whether q difference arising is justicable
or not under the treaty? l confess that
cannot see the distinction.
''It is a well known fact that Norway
and Sweden have made an agreement to
settle all differences except those of vital
interest and national honor by submission
to the Hague tribunal and they have fur
ther agreed that when they differ as to
whether the controversy arising is arbi-
tratable under the treaty or is within the
exception, 20 submit the question to the
board Of arbitration for its final discretion.
Committee without Power,
IF understand the attitude of the ma
Jority of the senate committee, 1t is that
they have no power and therefore the gov
ernment has no power to enter into
treaty by which we shall agree to submit
to a third person, constituting an independ-
ent tribunal, the question where we are
bound under a treaty to bide the judgment
Of the tribunal as TO particular issue
The treaty-maklng power under the
constitution It has been decided by the
supreme court, hardly knows definition or
law. It is one of the broadest powers con-
ferred by the constitution and it is con-
ferred on the executive and the senate.
Certainly it is not in the interest OF the
cause Of peace that that power should be
limited in such a way that other govern
ments may make treaties OF this kind and
we may not.
The ideal toward which we are all
working with these treaties is the ultimate
establishment OF an arbitral court to which
we shall submit our intentional controver-
sizes with the same freedom and the same
dependence on the judgment as in case Of
domestic courts II the senate cannot bind
| itself to submit questions of Jurisdiction
arising under the treaty as Norway and
Sweden have DONE for instance. then the
prospect Of real and substantial progress
is most discouraging.
What May Be the Result.
"I call your attention to the unfortunate
consequences, not only 70 ourselves, but
to the whole civilized world. not only for
today. but for ages to come, II the final
adoption OF this reasoning by the senate
committee is TO prevail Steadily throughN
out the world the burden OF the creation
of armies and fleets has grown heavier
and heavier and steadily the competition
has grown more fierce and Is crushing
the life and the hopes OF the people but
/ steadily, too, and OF late even more rap
/ idly has grown the hope that an escape
from these burdens may be found Now,
/ wherever good men and women are long
ing for the dawn OF this great day of
peace, their eyes turned first with hope
and confidence to the great republic of
the west In this great movement we are
the hope OF the world To the men and
the women who are struggling and long
ing, are We to say: Look not TO US for
leadership. We cannot even follow Let
other nations arbitrate. Let others even
set up high court of nations and pledge
their faith that they will resort no more
to the dread arbitrament OF war, but will
abide by the verdict Of their chosen
judges.
The great American nation is unable
by It's constitution to help forward the
great movement, is unable 10 bind itself
20 any future broad submission OF its case
TO an arbitral court. though the whole
world follows this light OF civilization
and peace. For remember, II the senate
cannot now bind us 10 abide the judgment
OF an arbitral court as to whether a
question is justifiable. It can never bind
US. and II the senate cannot bind us the
nation cannot bind us and this peaceful
people is forever incapable OF taking a
step along the great path which all the
world wishes 20 tread and along which
all the world thinks America best fitted
70 lead"