Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1919-12-19
WAR TINE LIQUOR
DECISION DEFINES
STATUS Of TREATY
By DAVID LAWRENCE

is still on. There can be no peace
until the president of the United
States proclaims peace and this he
need not do until a treaty of peace
is ratified by the United States gov
eminent and accepted by foreign
governments. The president is the
sole judge of the proper moment for
the issuance of his proclamation of
peace.
These are the big points which,
entirely apart from a nationwide in
terest in the liquor question, were
deducted from the decision of the
supreme court of the United States.
SO absorbed were most observers in
endeavoring to discover whether or
not the country would be on a wet
Or dry basis that the plain speaking
of the unanimous decision of the
supreme court on matters affecting
the status of the peace treaty itself
did not have it's full effect until to-
day when the words of the court
were carefully digested by official
Washington.
1t isn't possible, of course, to in
quire into the purposes which the
supreme court had in mind, but
there were many observers who
thought they saw an intent on the
pare of the court at this critical mo-
ment in the nations history to set
at rest the confusion which has ex
listed as to whether on not the war
ended with the armistice or with
subsequent acts of the executive
himself.
Crux of Decision
The portion of the decision which
attracted most attention was this:
"In the absence of specific provis-
ion to the contrary, the period of
war has been held to extend to the
ratification of the treaty of peace
or the proclamation of peace.
"From the fact that other statutes
concerning war activities contain
each, "a specific provision for de-
termining when it shall cease to be
operative and fro mthe alleged alb
sence of such a provision here, it is
argued that the term conclusion of
the war; should not be given it's or
binary legal meaning; that instead
it should be construed as the time
when actual hostilities ceased or
when the treaty of peace was signed
at Versailles on June %, 1919, by
the American and German represent
tativ6s, or, more generally, when
the actual war emergency ceased by
reason Of our complete victory and
the disarmament of the enemy,
coupled with the decentralization of
our army and the closing Of war
activities, or when the declared pur-
pose of the act of conserving the
man power of the nation and to in
crease efficiency in the production
of arms, munitions, ships, food and
clothing for the army and nevy shall
have been fully satisfied.
But there is nothing in the words
used to justify such a construction.
Conclusion of the war; clearly did
not mean cessation of hostilities be-
cause the act wartime prohibition)
was approved ten days after hostil-
tiles had ceased upon the signing of
the armistice. Nor may we assume
that conigfTess intended by the phrase
to designate the date when the treaty
of peace should be signed at Yer
sailles or elsewhere by German and
American representatives, since by
the constitution a treaty is only
until approved by the SEN
ate"
"ApprovaP' and Qualification"
IL Will ne HOLlC0U CudL lIl0 SQpTGIIl0
court uses the phrase approved by
tn esenate" instead of ratification
by the senate" for the fact is that
strictly speaking the senate does not
ratify but it merely approves or dis
approves of a treaty and the power
of ratification rests with the chief
executive.
Thus, the decision of the court
plainly confirms the contentious Of
those constitutional lawyers who, in
the last twelve months of contro-
versy, have contended that the presi-
dent was the sole judge of whether
the senate had approved or disap-
proved of the treaty which he had
negotiated with foreign powers and
that it was discretionary with him
to proclaim ratification only when he
was satisfied that an international
agreement between foreign govern
ments and our own had been reached.
Briefly, therefore, the decision of
the supreme court is regarded as one
of the most effective arguments that
yet has been presented for action on
the part of the senate of the United
States on the pending peace treaty.
There is no peace, says the court,
ulllll tne senate approves treaty
and the president proclaims peace.
Mr.. Wilson can regard the inclu-
sion of reservations as not affect
ing the treaty provided other ma
tons accept these amendments or
reservations, but he is not obliged
to proclaim peace until he has dis
covered whether or not foreign gov
ernments assent to American reser-
Vations or amendments.
The supreme courts decision is
expected to dispose effeCtually of
efforts to bring about a state of
peace by the passage of a joint or
concurrent resolution by congress-
The supreme court of the United !
States has decided that a treaty of
peace means an agreement between
the representatives of Germany and
the United States and not an act
of congress.