New-York tribune., 1911-12-07
WOULD AMEND TREATIES
Seth Low Urges That Article III
Be Made Clear Beyond Dispute.
FAVORS THEM, OTHERWISE
Writes Letter to Joseph H.
Choate in Which He Ex-
plains His Views. {

In an open letter 10 Joseph IT. Chosta.
made public YESTERDAY Seth Low expressed
himself as heart and soul In favor OF tho
movement for general arbitration" but
said he thought he could do better service
80 the cause than by serving as vice presi-
dent at the meeting on December IL by
pointing out why he believed tho treaties
should be amended before being ratified
After discussing tho substance OF the
treaties, AIr. Low said
My first objection to the treaties as
they stand Is that they arc not clear.
have read carefully . great dea that
has been written and said upon this SUD
iect. and find great difference OF opinion
10 the meaning Of Section 3. Article vi.
when read I'm connection with Article l OF
the treaties.
some claim that under Article 7, which
imposes upon each government the duty
Of agreeing on tho terms OF the srD1ra-
tion. either government can nonpraDly nls-
agree on these terms even after the Jolns
High Commission by the specified vote mas
reported that the subject matter OK tho
dispute is jUsticiabie. =,
II they can 50 disagree. honorably, n
II not clear that Section of Article III
Is only advisory In tact however COM
pelng i'm form? Others claim. however.
that tho countries cannot honoranly nls-
Commission has reported by the spectned
vote that the subject matter OF the dis~
pute IS justiciable.
This. Mr. Low considered. was very
regrettable disa greenent a. 10 the vital
clause of the treaty. vital, AZ least In the
sense that II WAS the only clause as -
which there was any difference OF opinion.
II would he pity, in Mr.. Lows opinion, To
adopt such n treaty in form that would
necessitate the submission of the treaty
itself to The Hague tribunal for intepretas
tion. He added:
My second objection 70 the treaties a.
they stand IT, that this Section 3 OF Article
III seems to me 10 relieve both the fresi-
dent and the senate OF the duty which,
the Constitution has laid upon them or
determining themselves. In given case
whether this country shall arbitrate or not.
On the constitutional point involved,
know that authorities differ. But practc~
ally, is il wise, even II IL be consutu-
| tional?
| Responsible government es dieth3guished
from irresponsible, seems 10 me TO demand
! that in this country, at any rate, such n
decision should be made. actively and di@
rectly, by the officials elected TO perform
precisely that function.
| / think however, that great and unusual
weight should be given TO the report Of .
| Joint High Commission submitted BY this
| impressive vote indicated In Section 3.
| Article III Of the pending treaties I vens
ture to propose. therefore, that this sec"
tion be amended by providing that the
! finding OF the Joint High Commission bs
binding. unless it be disagreed to by for.
nal action on the part OF one country
or the other.
| This. Mr. Low suggested. would prevenS
the defeat 81 the finding by inartioft
or by obstruction, and the finding would
stand except I'm the unusual case In which
one country or the other solemnly set Ia
aside In every other respect. MT. Low
said. ending his letter. the pending treaties
seemed TO him admirable. and he favored
them with reserve.