The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-05-27
POWER TO ACT DEFINED
IN PLATT AMENDMENT
Gives President Authority to
Keep Order in Cuba.
Say Officials.
NEED NOT ASK SANCTION
Approval by Congress Unneces-
>ary. 1t Is Said in the
State Department.

WARRINGTON. May n. Although the
Government authorities are hoping that
Intervention will not be again necessary
in Cuba they proceeded to-day to study
the situation thoroughly and to look ur
the laws and presidents to be ready for
immediate action in case such ster
should he determined upon by the Pres
dent. The authorities are not disposed Ia
use the army again for this purpose
especially at this time when IL might be
needed at any moment in Mexico. II is
held that under existing laws the navy
and marine corps can he called upon for
| this purpose
According to "Howland's Digest Of
Opinions and Decisions Of the War De-
partment, which has just been issued
the President. in the opinion of state
Department officers has full authority to
act with or without the consent Of the
Cuban Government and without the
necessity OF such q resolution az was in
troduccd yesterday by Senator Bacon.
That part of tho treaty between the
United States and Cuba OF MAY -. 1909,
known a. the Platt amendment. provides
as follows
The Government, of Cuba consents that
| the United States may exercise the right
| to intervene for the preservation of Cub1n
Independence, the maintenance OF n gov
| ernment adequate to the protection Of life =
| property and individual liberty, and for
dscharginR the obligations with respect TO
Cuba imposed by the Treaty of Paris on
! the nited states. now TO be assumed and
undertaken by the Government Of Cuba,
Capt Charles r. Howland of the
Twenty-frst Infantry. who compiled the
Digest, cites that the War Department
has held that the treaty containing this
clause was made under the authority Of
the United States M prescribed in the
Constitution and is therefore a part OF
| "the supreme law of the land Capt
Rowland cites that the duty of interven-
tion is primarily and exclusively an ex-
ecutive duty.
| This was made clear in an opinion by
Ma ajor-(ier. George p. Davis. then judge
advocate Of the army, on September ,5.
1905 by which the interveni ion AZ that
time was justified. II was held that "if
an ,nsurrec:ionary movemen: had devel-
oped in Cuba with which the Cuban Gov
ornment was power!ess TO deal and such
condition should he known TO the Presi-
don, Of the United States. either "a the
result of his own observation or repre-
! sentat ions made to him. or upon aolrnis-
sion by the Cuban Government that il
had xhausted It's powers and was unable
by it's own agencies and instrument alities
10 maintain order in the island. the
duty OF Intervention onh a view TO the
establis ment and maintenance of public
order will have accrued
II was held that tho fret steps in an
intervention should I've political and ad
vsory The Cuban Government may bc
on rialiy notified Of the power and duty
Of the Pr~ident Of the United States
under the treaty and negotiations may
be undertaken with a view to the rcstor-
alton of ordor by pacific methods. resort
to good Offices, compromise or redress Of
| grievances.
This was the step taken by President
Roosevelt when he sent Secretary Of War
Taft to Cuba at that time. The opinion
rendered by Gen. Davis for the guidance
Of Mr. Taft in Cuba held that should these
methods fail the next step in execution
must consist of the issuance Of a procla
nation by the President Of the United
States calling upon all versions composing
the insurrectionary combine tions to dis.
perse and retire peaceably to their re-
spective abodes
! II was held then necessary for the
President TO employ the land and naval
forces in restoration of order. Gen Davis
held that continuance Of an insurrection
after the issuance of such a proclamation
becomes by provision Of the Platt apend-
ment forcibe resistance to the au-
thority Of the United States.
Capt Rowland cites number Of inter
esting precedents for the exclusive execu
tive authority in the matter Of inter-
vention
President Washington issued procla
nation on August :. 1904. calling on those
engaged in the -&hiskey insurrection" to
disband. President Pierce made a
proclamation on February II, 1859, putting
down disturbances in the territory OF
Kansas, The last insurrectionary move
ment in the United States recognized a.
such 10y the executive was in Washn gton
TERRITORY in connection with which Presi-
dent Cleveland issued a proclamation
February Q. 1856, giving the disturbere
but one day to disperse. Threatened with
the Federal forces they needed tho warn
Ling.
Capt, Rowland points ont that the
President interyened by Executive
authority on the Isthmus Of Panama in
1902 and used the land and naval forces
TO maintain freedom of transit. Thi,
was done under Article XXXV. of the
treaty OF December II, is4e, with Colon
bia.
No Executive proclamation was issued
by President Roosevelt and the inter-
vention was accomplished in the opera
tion OF instructions communicated by the
Secretary of the Navy in the name of the
President TO the commanding officer of
the naval forces in the Caribbean Sea
This action was reported to Congress "a
prescribed by the Constitution
CYpC AETCp NJ nv " ANN no>.~