The Oklahoma City times. [volume] (Oklahoma City, Okla.) 1908-1984, 1919-07-05
HIGH COURT
May ACT ON
LEAGUE PACT
Taxpayers May Seek to Hold
Up Appropriations,

~ n - ~ ~ ~ - ''N
WASHINGTON july Sin the
heat Of the controversy between the
president and senate over the league
OF nations policy, the genera public
seems TO have overlooked the TACT
that there may he a third party 10
the controversy by whom the final
end conclusive decision may be rem
dered
This third party is the supreme
court OF the United States.
1t is being quite generally assumed
that il the senate ratiiics the treaty
and the league OF nations covenant,
the issue will he ended with President
Wilson fully vndiceted,
This is not the fact. The issue will
not be concluSiyely decided until the
supreme court has passed upon it
that is, OF course, II the senate shall
ratiy. II the senate fails to ratlfy,
the treaty becomes void by that ac-
ton and no appeal to the supreme
court would be necessary.
But It the senate hv two-thlrds
vote gives i,s approval to the treaty,
then a taxpayers action will be
started Immediately to test the valid
ity OF the action OF the president IN
negotiating and the senate in ra,i-
fying a treaty provisions OF which,
j, is claimed. are in clear contravcn-
ton OF the constitution OF the United
States.
There are number OF persons
ready to bring this test action if the
situation calls for it, among them
Hannis Taylor. minister to Spain un-
der the Mckinley administration.
The right and duty OF the United
States supreme court TO hear and de-
eide such an action is defined in sec
tion II OF article Ill OF the constitu-
,ion which says:
Extends to Treaties.
The judicial power shall extend TO
all cases. in law and equity, arising
under this constitution, the laws of
the United States and treaties made
or which shall be made Under their
authority
II the league OF nations covenant
shall be ratified by the senate, it will
be incumbent on congress immedi-
a'cly to make an appropriation TO
cover the United States portion OF
the expenditure deemed necessary to
establish and provide for the main
trplnCc OF the Leagues Secretariat, to
be So, up IN Geneva.
As soon as congress seeks TO do
thiS, the taa PAYERS action will be
commenced to enloln it from such ac-
tion. on the ground that the United
States, by its constitution. is inhibited
from participation in such a conyen-
ton, certain obligations assumed by
the United States under the covenant
being in direct contravention OF pro-
visions OF the constitution.
Back to People.
II the court should decide that the
objections raised were sound and
That the covenant OF the league OF na-
tons actually would, III effect. amend
the constitution, the treaty could not
be carried ont until the constitution
had been amended IN the way the con-
stitu,Ion itself provides 1t shall be
amended namely, by the submission
OF an enactment of federal amend
mcu,.
in view Of the no, a, all improbable
c,cu,ualtty the Supreme court will be
called 10 decide the cons,tu,ionality
Of this covenant, the political com
rlcNon OF the court IS not without
interest
The court at present is composed Of
five republican,, and four democrats.
The republican members are Justices
Day. Mckeunl, Holmes. Van De
vlntcr and pitncy The democratic
members are: Chief Justice White
ard Justices McRcyuolds, Brandeis
and Clarke.
Authorities on constitutional law
who have locked up the decisions Of
the United States supreme court on
the construction Of treaties say these
decisions have been uniform in up
holding the contention that no treaty
validity could provide for anything
that conirayencd any provision OF the
constitution
In the cases OF Downes vs.. Bdwell,
(hlef MSffra Eullsr Sa;d.
Jurisdiction Robber Void.
Indeed, treaty which undertook
to take away what the constitution
secured, or 10 enlarge the federal
jurisdiction would be simply void"
And in tina, same case, Justice
White. the present chief justice,
agreeing with Chief Justice Fuller
said Il cannot conceive how il can
be held that pledges made to an alien
people can be treated as more sacred
than is that great pledge given by
every member OF every department
~ fbe uoyerup,sn, cf the nj, si