The Birmingham age-herald., 1911-08-22
MINORITY DEFENDS ARBITRATION BILL
Burton, CullOm and Root
 Make Report
NEEDS NO CHANGES
Agree That Treaty Does Not Take Any Powers Away Fnom the Sen ate-Senator Root Defends
 Traditional Attitudes

Washington, August 21.-The treaties of arbitration with Great Britain and France were defended in minority re- ports filed in the Senate in executive session today by Senators Cullom, Root and Burton of the Senare committee on foreign relations. Mir. Burton contended the agreements required no amendment because, as he declared, the preroga- lives of the Senate are sufficiently safeguarded. Senators Cullom and Root, making practically the same conten- ton. undertook to provide against any possible mishap by suggesting a dee,ar- ation in connection with the resolution of ratification explicitly excluding from | the terms of the treaty all questions "involving the maintenance of the traditional attitude Of the United States concerning American questions or other purely governmental policy" In ad dition Senator Bacon suggested modi- ficatlon of this amendment under the terms of which the excluded questions are specified. He named questions aris- ing under the Monroe doctrine and those pertaining to immigration and territorial integrity, while Senators Cullom and Root treated them as in- corporated in the general language of their suggested declaration.
 When the reports were presented to the Senate the question of the discus sion of the treaties in public by sena- tors was raised. There was general agreement that public policy would not be violated by such course, inasmuch
 
 moved from the documents No action on the conventions was taken and they go over for further considera ton at the regular session.
 The executive session was held early today to permit the presentation from the committee on foreign relations or these reports. They took issue with the majority report, declaring for the elim- ination of the portion of the treaty giv ing the joint high commission power to determine the arbitral character Of any differences between this country and the other countries.
 Senator Burton went further than his colleagues, however, in making the con- tention that the treaty should stand just as it was forwarded to the Sen ate from the White House. Senators Cullom and Root united in recommend ing a modification of the treaties so that their ratification might be with the understanding that the commission shall not have the right to interfere in the settlement of questions like the Monroe doctrine, which involves well esta blished lines of policy.
 In his report Mir. Burton said the Senate would be deprived of none of it's functions. He declared it would be prac- | tically impossible for the Senate ever | to have occasion to refuse its approval of the arbitration of question which l taA hA within the scope of article l. He added | that the clause in question did not de- prive the Senate of any constitutional | right but contended, contrary to the declaration of the majority. that the proposed treaties are quite the reverse of unwise and perilous."
 | While asserting he was sure of his ground, MT. Burton said the Senate could protect itself by adding a declaration that Tits approval had been given "on the dis Itinct understanding that the foregoing Interpretation is the correct meaning Of lthe clause or, if preferred, specific ex- Iceptions could be made of questions not regarded as justcable.
 The statement presented by Senators Cullom and Rott contained the declara- ton hitherto proposed by Senator Root in connection with the treaties. It Is i1- tended to be a part of the resolution of ratification and is as follows:
 | The Senate advises and consents to the ratification of the said treaty with the understanding, to be made a part of such ratification, that the treaty does not authorize the submission to arbitration Of any question which depends upon or in- wolves the maintenance of the traditional attitude of the United States concerning American questions or other purely gov Iernmental policy"
 As originally presented the amendment lspecifcially included the Monroe doctrine lamong the questions to be excluded from arbitration, but in the draft introduced today that subject was omitted evidently under conviction that it Is included in the general terms of the declaration. | Tn q statement accompanying the Root amendment the New York senator says he does not consider that the pending treaties involve any abandonment of the Senate's constitutional power. He found no obstacle to the submission to arbitra- Ition of the question as to whether a sub feet is arbitrabe and asserted that such a submission was not delegating to d conn mission power to say what shall be arbi- trated
 Tt is," he added, merely empowering the commission to find whether tine par ticuar case is one that the President and Senate have said shall be arbi- trated.'