Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-08-07
KELLOGG IS I.
READY TO TRY
OUT IhE.LEACUE,
Believes it Will Not Perrna-
nently Prevent Wars;
Wants Treaty Ratified.

Washington. Aug. debate on
revolved largely around the question
Of whether the League of Nations
covenant or the special treaty with
France; violated the federal constitu-
ton by curtailing the power. of con-
gress to decide questions of peace and
war. Ne
Senator Kellogg, Republican, Min
nesota, in prepared argument on the
treaty -making power, declared there
were ample precedents for treaty
provisions obligating the country to go
to war in certain circumstances and
binding congress to enact certain
legislation.
The debate was on resolution
called up by Senator Walsh, Demo-
crat, of Montana, under which the
senate judiciary committee would be
asked for an opinion whether there
was any constitutional barrier to rati-
fication of the French treaty.
Most of Senator Kellogg's argu-
ment, however, was directed to pro-
visions of the league covenant.
Washington, Aug. 7.-Provisions Of
the League of Nations covenant i'm
posing obligations on congress, do not
violate the American legislation and
the covenant to be ratified with in
terpretive reservations without re-
quiring sub-requirfng resubmission to
the other nations, in the opinion Of
Senator Kellogg, Republican, Minne-
sofa, expressed in legal argument
in the senate today dealing with the
treaty making power.
Senator Kellogg said he was will
ing to try the league, though he did
not believe it would permanently pre-
vent war. He suggested reservations
dealing with the Monroe doctrine, do
mestic questions and the power of
congress to decide questionsIof peace
or war. 80
Citing the alliance of 1878 with
France, the Jay treaty of 1874 and
many other obligations entered into
by the. United States, the speaker
said there was ample precedent for
various guarantees in the covenant
which have been objected to on the
ground Of constitutionality.
[. Not Invalid.
Because a treaty limits sovereign
power-I speak of sovereign power
as the power to make laws-it is not
cry treaty-we negotiate to a certain
extent destroys certain freedom of
sovereign action. A treaty of which
we have many, comforting certain
privileges Of trade. is binding and if
we perform our agreement, it limits
legislative action.
IA treaty does not violate the leg
islation hecausesa violation of a treaty
may cause war. The violation OF
many of our treaties might cause war,
it the other party to the treaty so de-
sired. g. x
1T is claimed that we cannot enter
,tfeaty HIM lfting eaff1aHseIrtz ~
cause congress- palo one can raise and
support armies and provide for navy
BY treaty with Great Britain; ;nego.
tiated in 1917 we agreed to limit ar
mament on the Great Lakes and no
question has ever arisen as to its val
idity."
Many precedents. Mr.. Kellogg said
! made it''perfectlv it clear that reso-
luton of the senate clearly reservine
American rights can be made without
destroying the binding effect of ratifi-
cation.
1.-The proponents of the league" he
continued, claim that the Monroe
doctrine is excepted from the jurisdic-
! tion of the council and the assembly
of the league. If this is true, there
can be no harm and it would seem. to
be entirely proper for the senate, in
ratifying the treaty to declare it's in
depreciation of this clause.
"My own personal opinion is that
the Monroe doctrine Is sufficiently
designated to be excepted from the
jurisdiction of the league.
Respecting article 10 the question