New-York tribune., 1911-09-01
Mr.. TAFT PLEADS FOR
UNAMENDED TREATIES
Replies to Objections Raised
by Committee on For
eign Relations.
HIS APPEAL TO LAWYERS
Urges Higher Judicial Salaries
and ReformS-Thanks God
for John Marshall and
Associates.

Boston. Aug. 3l.-President Tart car
ried his appeal in behalf Of the British
and French arbitration treaties to the
lawyers to-day in an address TO the
American Bar Association.
He aimed his argument at the Senate
Foreign Relations Committee which. he
said, took exception to the provision that
the Joint high commission created by the
treaties shall determine whether ques-
ton is justiciable and therefore to be
settled by arbitration The committee
held this to be a delegation of powers
by the Senate. the President said, and
therefore it objected.
There were not" he said, any more
powers conferred by the Constitution
upon the Senate than were conferred by
the Constitution upon the Executive. !
think this is pretty plain. because the
Executive has to initiate and the Sen
ate has to agree to the treaties before
they can go into force. Now, my propo-
sition is this, that if the Senate has
power to ratify an agreement which
shall bind il and the government, or.
l.
and therefore bind it, to consent to the
adiudica ton Of any class of questions
arising in the future by board of arbi-
trs ton, then il necessarily follows that 1t
has the right TO consent to this treaty"
Nation Like a Sick Indian.
Referring to his hope that the Senate
would not modify the treaties, the Presi
Gent compared the nation to sick Ind
ian.
You know they say the Indians when
they are sick don't like any medicine ex
cept something that bites something
that is bad TO take" said the President.
IT don't think that we shall really get
ahead with this arbitration business un-
less We are willing 10 assume an obliga-
tion to execute judgment that may
bite and may he bad for us to take. If
We are going 10 take the position that we
will wait until the question arises, and
then conclude, because We don't, think
we can win in the arbitration case, that
il is not = jUsticiable question, then We
have written our promises in water and
we have made agreements that dissolve
under the test Of experience. The result
will follow which NAV he anticipated
that instead of promoting the cause of
arbitration we have interfered with it,
obstructed IT and made it a laughing
stock with all nations
Sure Arbitration is Coming.
"Arbitra tion Of disputes between ma
tions is coming slowly, but surely COM
ing" he said in closing his address.
Before discussing the arbitration treat
les the President spoke Of the efforts the
Supreme Court is making 10 reform the
rules Of equity procedure in the federal
courts. said that the salaries of federal
judges should be increased, discussed the
intricate question of patent law and re-
turned thanks 10 the early interpreters
Of the Constitution.
Speaking of the salaries of federal
Judges. the President said that those of
circuit judges should he increased so as
TO he more commensurate with those
paid to district judges
"Of course" he said the salaries of
the Supreme Court members ought TO he
increased. We have got them up to
$4,000 or something like that They
ought TO 60 up 10 $4,000 A court which
exercises such great responsibility and
calls for such ability and learning ought
to have its members amply paid, so that
they need not be dependent on lecturing
IN law schools and doing other things
for the purpose Of ekng out A salary
that only enables them TO live"
Speaking Of patent law and patent
cases, the President said he hoped the
new Court Of Commerce would he used
as court Of patent appeal. The Su-
rreme Court in such cases. ne found.
has proved q failure
Thanks to Constitution Makers.
And now, gentlemen" he said. there
is another thought that this meeting
suggests, and that is of heartfelt svm
rathy TO the men of 1887 and 17Sg-
marvellous men-who made the Consti-
luton Of the United States. In these
Gays when we are all in favor of prog
sfess' 1t is Of the highest benefit to the
community that we had an instrument
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