The Topeka state journal., 1919-11-21
Will SON TO VETO
RESOLUTION TO
DECLARE PEACE
Surprise Sprung on Supporters
of Sen. Lodge Plan.
President Has Constitutional
Authority for New Move.
ADMINISTRATION FEELS SAFE
Confident That TwO-Thirds Ma
iOrity Cannot Be Mustered.
Lodge Forces Will Contest AL
legged Authority To Veto.
ADMINISTRATION FEELS SAFE

Washington, Nov. 21.-The Lodge
concurrent resolution which declares
the war at an end can and will be
vetoed by President Wilson in case it
is passed by both house and senate, in
the opinion of high administration Of
ficials today They cited the consti-
tuition to prove that the president had
this power.
This came as an evident surprise to
supporters of the Lodge resolution
which was introduced in congress just
before adjournment. They believed
the executive had no authority to in
terfere with a concurrent resolution
and that the Lodge measure could be
passed by both houses. thus ending the
war without adoption of the peace
treaty. Discovery of the constitutional
authority which hitherto has seldom,
if ever, been exercised by a president
was considered a blow at their plans.
The administration supporters cited
Article l, section Z, paragraph of
the constitution as their authority. 1t
reads as follows:
Every order, resolution or vote to
which the concurrence of the senate
and house of representatives may be
necessary Except on a question of ad
president of the United States and
before the same shall take effect shall
be approved by him or being disap-
proved by him. shall be repassed by
two-thirds of the senate and the house
of representatives according to the
rules and limitations prescribed in
case of a bill.''
This, the administration contends,
undoubtedly gives Wilson authority to
veto the Lodge measure.
Wilson Feels Safe.
The president apparently is deter
mined to veto Lodges proposal, con-
fident that two-thirds vote cannot be
4 l,1
his head. Thus he plans to prevent
the war being officially ended until
the peace treaty has been adopted.
At Speaker Gillett's office it was
stated that it was not customary to
send concurrent resolutions to the
president but that in this case 1t un-
doubtedly would be necessary under
the constitution. This opinion: was
expressed after the constitutional pro-
vision had been scanned. Before that.
the impression was that it was not
necessary to send such resolutions to
the White House.
Senator Lodge. author of the reso-
luton. was in Boston, it was said. at
his/office.
Administration officials also de-
1854 by Attorney General Cushing.
stated that congress could not pass any
law which in effect "coerces the dis
cretion of the president except with
his appreciation, unless a concurrent
vote of two-thirds of both houses
upon his previous refusal to sign a
bill"
Rest Until December I.
Another opinion on this question,
cited by the administration, is con-
tanned in a report by the senate judi
ciary committee made January 26,
1897. as result of an investigation of
the question as to whether a concur
rent resolution required the president s
signature.
whether concurrent resolutions are
required to be sent to the president of
the United States must depend not on
their mere form, but upon the fact
whether they contain matter which is
properly to be regarded as legislative
in its character and effect" the report
stated. IF they do they must be pre-
seEted for his approval. Otherwise
they need not be. The nature or sub
stance of resolution and not its
form controls the question of its dis
position"
Senator Underwood conferred with
Secretary Tumulty at the White House
today on the Democratic program.
Senators Hitchcock and Underwood
will leave Washington Immediately for
a brief rest before the reconvening of