Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-03-06
DANGER IN TREATIES
Senator Bacon Cites Menace
to Monroe Doctrine.
NEW YELLOW PERIL PHASE
He Declares Japan or China Could
Demand Similar Pacts for
Arbitration.
NEW YELLOW PERIL PHASE

The bugbear Of japanese or Chinese de-
mands for entry OF their citizens into
this country and Of their children into
the American white schools and of the
imperiling OF the Monroe doctrine and of
the virtual suzerainty over Cuba was
raised in the Senate today in q speech by
Senator Bacon Of Georgia, attacking the
constitutionality of the proposed treaties
with Great Britain and France.
He said that If the treaties are ratified
as they stand. Japan or China could de-
mand similar treaties and raise the en-
barrassing issues for arbitration; that any
nation would be authorized to challenge
the United States right to insist on the
Monroe doctrine where another nation
should claim the right to certain territory
in the western hemisphere. as was done
by England in the case OF Venezuela,
right which the United States denied by
insistence on the Monroe doctrine. He
added that the question OF validity Of the
southern repudiated bonds could be drawn
into arbitration.
Decision Would Be Binding.
'If the treaty gives the power to an
outside commission to decide whether
question is arbitrable.' he summed up,
1--WE would be bound by that decision, al
though every person in the United States
might be fully convinced that such
question was not judiciable."
Senator Bacon said that a proper con-
struction of the language of the treaty
shows incontestably that the decision OF
the outside commission is intended to be
binding on the Senate and to thus take
away the exercise OF power conferred on
the Senate by the Constitution.
He urged that unless clause 3 of article
8, making the finding OF the outside COM
mission binding, is taken out of the
treaties by amendment. or nullified by the
resolution of ratification, mo one who
believes in the unconstitutionality Of this
delegation of power to an outside COM
mission can possible vote for the ratitica-
ton Of the treaty.
Except as a matter Of sentiment" he
said. 1.-The proposed treaties are entirely
without practical value, because we al
ready have treaties with all the leading
nations of the earth which provide for
the arbitration of every question which
there Is the least probability this coun-
try or any other country would ever
&&GcS W 60UUllI u dIDIlTAIlOu
Nothing New in Treaties.
Senator Bacon said there was little now
in the treaties not found In treaties al
| ready existing with two dozen other ma
lions: that the President and the Senate
always can be depended upon to arbitrate
every question of international difference
which should be arbitrated. and that it 10
| worse than folly to agree to arbitrate
| questions unless we will, when the &C.
| casion arises. comply with that agree
ment.'
He concluded that 1t was not an issue
| Is to interference with privileges Of sena-
| tors, but the greater question of the
preservation Of the institutions Of this
| country and Of tho constitutional pro-
| vision requiring two-thirds Of the sena-
tors to consent to every treaty and every
part Of q treaty. before the President
oan proclaim Il.