Evening capital news. (Boise, Idaho) 1901-1927, 1919-11-28
WHEN THE WAR Is TERMINATED
LEGALLY.
(Trlbune. I.ewiston)


The date of the ending OF the war
has become a very practical and seri-
GUS question, not only to numerous
private interests but to the public in
terest as well, and the Washington au-
thorities have made the most of the OPP
portunity to make the question as
muddled and chaotic as possible. The
various measures of an emergency ma
ture covering the wartime period We're
drawn in different terms, all with the
intent to run concurrently but each
capable of being construed to suit
variety of purposes. The prohibition
bill is one of such instances. The at
torney general, who is a rabid prohi-
bitionist, holds that the act remains
in force until the treaty with Germany
comes into effect. The president, by
vetoing the enforcement measure and
by the accompanying language, seems
to hold that the war is at an end so
far as this legislation Is concerned, but
defeats the effect of his opinion by
failure to declare the period Of its
duration as fulfilled, which is all that
is necessary to be done in order to
vitiate the enforcement measure. He
does not take this plain and natural
course, however, because 1t would be
acting in opposition to the position
taken by the attorney general. Con-
flicting views and interests within the
administration have brought about the
confused and contradictory CONDITIONS
existing throughout the country in this
connection, and put in jeopardy many
millions of legitimate private property.
The public interest Is very directly
and deeply affected in the question of
the end of the war by the coal strike,
in the controversy over when the pres
ent contract expires. The controversy
is not a very substantial one on the
part of the operators, but it carries the
force of law with 1t in its present
status and is enough to have wrought
incalculable loss upon the country,
some of which can never be retrieved.
The operators contention is not a very
substantial one. we say, because they
have already waived its terms, indi-
eating that it was only raised as "A
sort of stop-gsp. And by agreeing to
revise upward the present wage scales,
as the dispatches state Is being done.
they furnish rather good evidence that
the present scales are not altogether
fair and should be improved. But by
| being able to raise the point as to the
duration of wartime contracts a stone
wall was erected against negotiations
with the miners. precipttating the
country into the dangerous condition
| IL now races.
The meaning Of this situation Is OBJ
vious. 1t does not lie with individuals.
! officials or departments to say when
war is ended and when it Is not. 1t
does not lie with the president to do
SO. II is not essentially political or a
diplomatic act, but a judicial one. II
a political or diplomatic act, the dec
laration thereof could be postponed or
avoided indefinitely, TO serve one or
another purpose. just as is being done
| In the present circumstances. The SUI
| preme court is the one authority that
declares the condition as to war or
peace. regardless of proclamations or
otherwise, in any circumstances or
controversy, although, of course, where
there is no controversy the event takes
care of itself Unfortunately, no case
arose that brought the issue to the
court promptly, and, indeed, no serious
| issue has arisen until very recently.
But in the interest Of correct informa
ton II ia well to know that the su :
preme court has more than once ad-
Indicated the question: and In most
emphatic terms. particularly in the
grave matters developing at the close
OF the civil war. and II then ed
It's exclusive power to declare the ef :
fectiye termination Of the state of war
and also specifically denied such power
to tho political or executive DEPART
ments. for reasons that were sufficae~s