New-York tribune., 1912-01-11
Tho Question in Dispute.

The question that arose between the
administration and the Senate WAS pri
marily a difference Of Interpretation.
Some Senators held to the idea that in
case . question should he submitted 10
the Joint High Commission FOR deter
mination as TO whether or not il were
arbitrable or justiciablc it would be
taken out of the hands Of the Senate en-
tirey and referred directly to the arbI-
tratiun tribunal without further action
on the part Of the Senate. Secretary
Knox. in his speech before the Ameri-
can Society for the Judicial Settlement
Of International Disputes at Cincinnati
took a different view. He said:
II the two governments agree that the
difference is admirable, they make an
agreement to arbitratc 1t and il is sent to
the Senate for approval. If the two gov
crnments cannot agree that the difference
Is arbitTable, that ends the matter, and II
its report is that the difference Is arbtrable
and agreement Is made 10 arbitratc it, the
agreement is sent 10 the Senate Tor Hp-
proyal, just as il no such question had been
raised. and the Senate deals with it with
unimpaired power
This Interpretation, it is understood
Will DC llldtt Nltdl ~ Nilt DlplOStu res
olution of ratification. BY this means it
will be definitely established as has been
contended by those who have fought
against the alteration Of the treaties in
any way, that the Senate is to lose none
! of its prerogatives and that there will be
no basis for the objection that they are
unconstitutional
The chief point Of attack against the
| treaties was the last clause of Article
| III, which is as follows:
1t is further agreed, however, that I'm
cases in which the parties disagree as to
whether or not difference is subject to
arbitration under Article Of this treaty,
that question shall be submitted TO the
Joint high commission OF inquiry, and II
all or all but one of the members Of the
commission agree and report that such diff
| ference is within the scope of Article /. II
shall be referred to arbitration in accord
ance with the provisions Of this treaty.
"By this clause" the objection is made
in the majority report of the Committee
on Foreign Relations, the constitutional
powers Of the Senate are taken away
pro tanto and are transferred to a COM
mission upon the composition of which
| the Senate has no control whatever"
To Remove All Objections.
The resolution of ratification will in
sure to the Senate the exercise of its
| constitutional powers in approving the
submission of each particular question TO
arbitration. 1t is also probable that, in
order to remove any possible objection
to the method provided for the selection
of the Joint High Commission, it will be
explicitly stated that the American mem
bers are to be appointed with the ad-
vice and consent of the Senate.
The resolution introduced by Senator
Cummins requesting the President to
ascertain whether Great Britain and
France would submit to arbitration all
justiciable questions arising with any
nations, whether or not a treaty with
them existed, had much to do with
bringing about an adjustment Of the dis
agreement in the Senate. 1T was feared
that the discussion Of the treaties would
lead to criticism of foreign governments
and arouse unnecessary hostility. The
Committee on Foreign Relations to-day
referred the Cummins resolution to a
subcommittee, where it will probably
remain, in view of the fact that early ac-
ton on the treaties is expected.