Evening star., 1912-01-04
CONTEMPT CASE ON|AD WORLDS PEACE
Justice Wqt Hears Evidence Rayner Urges Presidents Ar
Against Labor Leaders. bitration Treaties.
RUSH TO EVADE INJUNCTION SENATE RIGHTS PRESERVED
Of Mailing Does Not Think That Body Has
Federationist Delegated It's Powers.
GOMPERS AIDS PROSECUTION MONROE DOCTRINE EXCLUDED
Trouble seene-Excep Others, OF Equity
tions to Proceedines
Rayner Urges Presidents Ar.
bitrati0n Treaties.
SENATE RIGHTS PRESERVED
Does Not Think That Body Has
Delegated It's Powers.
MONROE DOCTRINE EXCLUDED
Regards That Question, Like Some
Others, a. Not One Of Equity
and Justiciable.

and Justiciable.
Pronouncing the arbitration treaties
with Great Britain and France the great
est step toward bringing about the peace
Of the world that can at present be
formulated. Senator Rayner Of Maryland
today filed in the Senate q report, as
member Of the Senate committee on for
eign relations. favoring the adoption Of
the treaties unamended.
Four Reasons for Approval.
Summarizing his conclusions with re-
gard to the treaties. which have led him
to give his approval to them as they
have been submitted to the Senate by
President Taft, Senator Rayner says:
First. believe that il the commission
decides a controversy to be justiciable
its decision is binding.
Second. The phrase law or equity
does not. In my judgment. empower the
commission to decide any cOntroverted
question that may arise under the Monroe
doctrine or the immigration laws, or any
subject that may affect the integrity OF
our institutions or the Constitution of the
United States.
treaties there would be no delegation Of
the treaty-making power. and there would
be no deprivation of the rights or privi-
leges Of the Senate as defined by the
Constitution.
Fourth. Satisfied as I am, therefore,
that these treaties constitute a valid ex-
ercise Of the treaty-making power, seeing
not the slightest legal difficulty In the
way OF their adoption without amendment
or elimination, and believing that II their
fnternrAf0 tim Woro 1off fr the C1nromo
Court this tribunal would unques-
tfonably hold that the treaties without
any amendment or elimination whatever
are in strict accordance with the require
ments Of the Constitution. shall, with in
tense satisfaction, give them my Jealous
support. feeling. as 1 do. that they are SUI
premely in the interest Of civilization and
humanity"
Toward Universal Peace.
Beginning his report with declaration
that the treaties are q big step in the
direction OF universal world peace, Mr..
Rayner declared that he has mot the
slightest fear OF any danger that may
result to our institutions from the adop-
tion Of the treaties, nor do believe for a
moment that any of the great govern
mental principles that lie at the founda
ton Of the republic will be imperiled; on
the contrary, I am buoyant with the hope
that when the treaties once go into effect
they will inaugurate the beginning OF
universal peace, and will relegate the art
and practices of war to the barbarous
deeds of the past
Although taking direct issue with many
Of the objections to the treaties raised by
the majority In their report. Senator Ray
ner agrees with them In their first objec-
ton and puts It aside as threatening no
danger to the republican principles and
institutions Of this country. He asrees
with the majority that the decision Of the
commission. which Is to consider whether
or not a question is justiciable. would be
final.
Upon this conclusion, however, the ma
jority make the objection that under the
words law and equity there is little or
be brought within the scope of the
treaty, provided the two contracting par
ties consider them judiciable. Mr.. Ray
ner maintains that is going too far.
Restraint on Commission.
Although the commission has a right
to decide what is iudiciable according to
the principles Of law or equity it would
have no right to decide q subject to be
judiciable according to the principles Of
equity that has nothing to do with equity
and that, according to universal accepta-
ton and recognition. Is not within the
domain OF equity in any sense whatever
Mr.. Rayner goes on to say.
The Monroe Doctrine.
Gould any one successfully maintain
the proposition that the Monroe doctrine
could be decided by any principles OF
equity, giving equity its broadest signih-
canoe?
III a foreign government should attempt
TO subvert any OF the republican institu-
uons or south America for the purpose Of
substituting In its stead a monarchical
form OF government, could 1t in the realm
OF reason be maintained that this was a
subject to be decided by the principles
Of equity?
III question arose as to our right
to exclude certain classes Of immi-
grants. right that every government
possesses as matter Of self preserva.
tion. could 1t possibly be claimed in
any court Of justice called upon to
a principle OF equity: II an attempt
was made to compel the United States
to pay the Indebtedness Of q state.
could this under our form Of govern
ment and under our Constitution be
deemed as constituting an equity
against tie United States? Is there the
slightest doubt that IL the commission
although clothed with power to deter
mine what is justiciable according to
the the principles OF equity, should decide
Jurisdiction. that their decree would be
nugatory. and that this government
would have the right to reject 1t?
Taking these illustrations as / have
done, from the majority report. and With
great respect for those who differ. I must
confess I cannot understand how il Is
possible to arrive at q conclusion that
questions like these. embodyin9. az thew
do. historic ana traditional doctrines.
governmental policies and constitutional
principles. upon some of which the
preservation OF the republic depends.
could by any intendment or by the widest
latitude be held to be within the iuris-
dfctfon OF the commission.
Accepts Root Amendment.
IT might add that there is no particular
objection to a clause being included in
the formal ratifications which will operate
as notice to Great Britain and France
and upon their acceptance will practically
be part Of the treaty. This IL recon-
naended In the minority report at the sug-
gestion Of Senator Root. I would take
the liberty Of suggesting that the clause
that the minority report proposes to In
clude In the formal ratiflcations could be
ampiined 80 as to set forth the exact SUBJ
jects, sucn as the Monroe doctrine. the
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