New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-08-19
from The Tribune Bureau.
Wacbinpfnp Ano1r

from The Tribune Bureau.J
Washington. August Is.
THE PEACE TREATIES.-Only reall-
zation of the expedition with which the
Committee on Foreign Relations made
its report on the arbitration treaties
with Great Britain and France can relieve
that body from the charge of disingenuous-
ness. The argument is made that the Sen
ate would have mo control whatever over
the Joint high commission which, In the
event that the United states and the
parties to such treaties could not agree re-
garding the arbitrability OF any question
which might arise, would determine the
question. - This argument completely
ignores the assurance given by Secretary
Knox TO the committee that the President
would in every instance appoint members
of such commission only with the ADVICE
and consent Of the Senate and the sugges-
ton made by him that the Senate adopt
resolution i'm connection with the ratlhca-
ton of the treaties providing specifically
that such commissioners should not be
named except with the advice and consent
Of the Senate II was explained by Secre-
tary Knox that inasmuch as the conVen-
tons dealt solely with the relations OF this
country with foreign nations. such pro-
vision would have had no place in their
text but might most properly be made In
a resolution of the Senate. OF course, this
suggestion equally disposes of the idea that
such a joint high commission may be
composed wholly Of foreigners" for It is
unreasonable to assume that, even If the
President could be induced to nominate
eel
Senate could be induced to confirm them.
OF course. 1t is quite possible for insurgents
and others opposed to the administration 10
advance the suggestion that the conven-
tons empower the President alone to name
the members OF the proposed commission,
hut II must be obvious that those who are
not actuated by animosity to the admins
tration or by preconceived hostility to the
peace treaties can seriously advance such
a suggestion, in view of the proposition or
the Secretary OF State. and indeed. the
idea that the question OF the Applicability
Of any question may be referred to for
eigners is disposed OF by the language OF
the treaty which provides that the country
which submits such question to joint
high commission shall appoint as members
thereof three OF fits nationals"
THE SENATEs PREROGATrvES.-The
prerogatives which would be retained by
the Senate were these treaties TO be ratlfed
are Of especial interest In view OF tho con-
tention Of Senators that by their ratincs-
ton the Senate would be alternating a share
Of the responsibility imposed on 1t by the
Constitution. AS mas been said. the senate
would We're il TO adopt the resolution pro-
posed by Secretary Knox. retain the right
TO pass upon the fitness of all the American
commissioners named by the President as
members OF the special tribunal empowered
to pass upon the arbitrabilty Of any ques-
ton. In the second place. the Senate would
have power to approve or TO reject the
special agreement defining the scope OF the
arbitration; and while the conventions
would unquestionably commit the Senate IN
honor to the arbitration Of any question
properly declared by the proposed joint high
commission TO be iusticiable. II would sun
be empowered 10 revert to the terms OF the
first article OF the conventions, which pro-
vides only for the arbitration Of differ
ences hereafter arising between the con-
tracing parties . relating 10 interna-
t,onal matters in which the high contract
ing parties are concerned by virtue OF a
claim OF right made by one against the
other under treaty or otherwise. and which
ere justiciable IN their nature by reason OF
being susceptible OF decision by the applica-
ton Of the principles Of law or equity" 1t
is therefore obvious that. even should such
Joint high commission declare arbitrable a
question which. in the estimation OF the
Senate, did not fail within the provisions
Of Article I, namely, was not susceptible
of decision by the application OF the prin-
ciples Of law or equity the Senate could
effectually suspend further proceedings by
refusing to ratify the special agreement by
which the scope OF tho proposed arbltra-
ton, ETC., was to be defined. II Will be seen.
therefore that the Senate would control the
proposed commission by virtue Of its right
TO confirm one half the membership thereof.
and would control the findings of such COM
mission by It's retained power to pass upon
the special agreements under which the
question at issue was submitted TO arbitra-
ten.
NORWAY AND SWEDEN.-The pending
treaties with Great Britain and France re-
tain to the Senate authority to determine
whether any question which may arise
shall be referred TO the permanent court OF
shall be referred to a specially constituted
tribunal. II is not farfetched conclusion
that II the question at issue were one
which for any reason the Hague tribunal
seemed unqualified to pass upon, the SEN