The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-08-20

The President-only IL the par,,..
agreed.
Senator Brandegee--Or to the counou,
The President-Or to the council 80.
Senator Brandegee-That is, the coun
Gil Is to determine the meaning OF N.
covenant?
The President-No, Senator. ma.
your pardon. There are two proces,s,
II the parties agree to submit to arh,'
tration, Of course II IL submitted 10 A.
bitration. and the decision is final u
they think II Is a question that thsv
are not willing to submit TO arbltratIos
then they must submit II to the council
for an expression of opinion and a rsc.
ommendation, but that opinion and rec.
ommendation do not bind.
True Meaning of Pact.
Senator Brandegee-Is there any oo,.
sible way authoritatively Of determin.
ing without war what the treaty means,
The President-That Is true Of every
treaty, Senator. II you reexpress II IN
the language OF the Senators to whom
you refer, and there was dispute about
the meaning of that, the same would
apply. You cannot use any languas.
/ assume which could not possibly elys
rise to some sort of dispute.
Senator Brandegee--I assume that ~
4 provided that IL there should ar,,.
between the members of the learu,
any dispute in relation to the coz.
struction of any article OF the covenant
of the League OF Nations such dlsputs
should be referred to an arbitrator
and the members would agree to \.
bound by its decision, that would IA
an agreement for an authoritative d..
termination OF what the treaty meant
The President-Yes.
Senator Branoegee-Now as II Ia thsy
will subuht the matter either to arb.
tration o. % inquiry by the council ana
20 forth. Row you say that the opinion
Of the council to which the dispute h,,
been submitted Is only advisory?
The Prehdent-Yes. Sir.
Senator Brandegee--Then suppo.,
one party to the dispute against WHOM
the council decides declines to abId,
| by IL?
The Presideut-Then there is war Su,
not within three months Of the opinion
Of the council.
Senator Brandegee-The words ar
not territorial aggression" but "ex
ternal aggression"
The President-But II says the pre,.r
walton of its territorial integrity agains
external aggression.
Senator Brandegee-Suppose the .x
ternal aggressor having got within IN,
territory of the agressees stays there?
The President-Then that impars III,
territorial integrity.
Senator Brandegee-Certainly and
then on a call by the council for U,
to perform our international contract
Y Nd Eft ri H.
favor performing it you think we would
not be subject to criticism by the other
members OF the .,ague?
Congress Free to Decide.
The President-Oh, we might be sub
Ject to criticism; but l think Congress
would be at liberty to form its own
Judgment as to the circumstances
Senator Brandegee-I agree with you
entirely and under our Constitution Con.
gress would have to do So
The President-Yes; that Is under.
stood by all.
Senator Brandegee-Ot course bu,
I am assuming II the council should ad-
wise US to do certain thing. and Con-
gress refused to do it-and II every
nations representative assembly can do
the same thing, 1t seems to me like a
rope of sand and not an effective TIL
bunal which would result in promoting
peace. OF course. we would Away,
think we were right l assume. Now
wish to call your attention TO Articl,
XIV. 1 do this simply because you th!nI
all these provisions are clear and wan
to say in that connection that we hal
Mr.. Miller, who described himself a
the technical expert or adviser TO III,
American Peace Commission especially
think. on questions OF internauona
law
The. President tInterposIngl-Tn
League OF Nations.
Senator Rrandegee [Contlnuingl-w
rad him before our committee and h
answered this question that | am abou
to ask in three different ways and VI
could not of course get much informa
ton from him and he promised to tax
IL under advisement and TO give us hi
considered opinion, but he has not don't
20. Now Article XIV. in the last tFt
paragraphs provides:
The council may in any case under
this article refer the dispute to the a.
Eembly, The dispute shall be so referred
At the request of either party TO the DIS
pute provided that such request be nad'
within fourteen days after the submis'
zion OF the dispute to the council IN
any case referred to the assembly, all
the provisions of this article and o.
Article XII. relating to the action nc
powers OF the council shall apply 10 m
action and powers of the assembly. pro
vlded that report made by the assem-
bly, II concurred in by the representa-
tives of those members of the leasu
represented on the council and OF ma
tority of the other members OF IN
league exclusive In each case OF u
representatives of the parties to the di'
pute. shall have the same force as
report by the council concurred in by
the members thereof other than the reE
resentatives OF one or more OF IN
PARTIES to the dispute"
Now in the first place II says repre-
rented on the council and Of major''
OF the other members OF the league
Loes that mean that the various men
bers OF the league have got TO act upo
that as separate governments or does
mean the representatives OF the othe
members OF the league?
Question Not Clear.
The PRESIDENT do not quite unde'
stand that question.