The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-09-23

It is necessary to call attention to the
fact that 1t is provided
"Tf the report by the council (upon
disputes arising under sections IL, Is
and 14 is unanimously agreed to by the
members thereof, other than the repre-
sentatives Of one or moro Of the parties
to the dispute, the members of the league
agree that they will not go to war with
any party to the dispute which complies
with the recommendations of the report
(Article XVI
But IL the report is not unanimous
then the right Is reserved to any State
TO go to war II 1t sees At. The lam
guage is:
"If the council fails to reach a re-
port which is unanimously agreed to by
the members thereof. other than the
representatives of one or more of the
parties to the dispute, the members of
the league reserve to themselves the
right TO take such action as they shall
consider necessary for the maintenance
Of right and Justice (Article XVI
Clearly, therefore, a unanimous de-
cision by the council is of the utmost
Importance in order that war may be
prevented, for II there Is not such deci-
sion the nations may Immediately so
to war. Yet with the situation Just
described staring US in the face we find
dispute to the assembly.
when the controversy goes to the as
sembly in order that its decision may
have the effect of unanimous decision
of the council, the unanimous vote Of
those members of the assembly who are
members of the council-barring tho
disputants-must be secured and also
majority of the non-council members
of the assembly If that majority is
not secured then the case stands as II
would II 1t had remained in the council
and that body had failed to unanimously
agree. The governing language is:
In the absence of majority vote
by the non-council members of the as
sembly the case then is in exactly the
same condition as II would have been
had 1t remained in the council and that
body had failed to reach a unanimous
! decision
What then would be the situation?
1t Is as 1 hare already said, provided /:
III the council fails to reach a report
| which is unanimously agreed to by the
members thereof, other than the repre-
sentatives of one or more OF the parties
to the dispute, the members of the
league reserve to themselves the right
to take any such action as they shall
consider necessary for the maintenance
- LII
THAT is to say. in the absence of a
unanimous decision any nation is at lib
erty to go to war to enforce its claims
or demands. 1t may take such action
as 1t shall consider necessary for the
maintenance Of right and Justice
| OF course every nation going to war
claims to be going to maintain right and
justice.
1T It be true that the United States
can always with its one vote offset the
\ six votes of the British Empire, then IL
J Is equally true that with one vote the
! United States can offset the vote of the
other thirty-one members of the league.
| The Presidents view Is that except upon
the single question of the admission of
new States the single vote of the United
States can bar any action whatsoever
by either the council or the assembly.
1T grieves me to be compelled to diff
fer from the President, but with all due
respect must insist that the Presidents
statement is erroneous to the last de-
I gree. He utterly overlooks many con-
trolling clauses OF the agreement which
he is now asking the American people
| to accept without proper time for debate
| or consideration.
THAT when the United States Is q
party in interest 1t is denied the right
to vote at all. II the case is before the
&C uncil it is determined by the mem.
bers Of that body not concerned in the
dispute.
"2-If the case In which the United
States is interested is removed to as
sembly again the United States as Q
party in interest is barred from voting
but the British Empire has six votes II
the assembly which 1t can cast either tc
create the necessary majority of thu
non-council members which will give tC
the decision of the assembly the full
force and effect of a unanimous decl
sion of the council.
SIN a controversy between tn,
United States and Great Britain wher,
neither is permitted to sit in judgment
the five colonies and dominions are, al
Independent and self governing bodies
permitted TO cast their votes, and ma.
either form the necessary concurring ma
jority to make the unanimous decision
in favor of Great Britain or they may
be employed to destroy that majority
and thus deprive the United States OF
the effect of a unanimous decision.
1 Cannot BE Obscured.
"All this I have sought to elaborate
and demonstrate in the remarks hereto
fore made. l have already shown that
the ability to command twelve votes
out OF the tWenty-three non-cOuncl
members of the assembly is the power
! to either give to a decision by the as
sembly the effect of a unanimous de.
cision of the council or 10 render such
decision utterly nugatory. These facts
are not to be passed by lightly. They
cannot be disposed OF by flowers Of
rhetoric or obscured by generalization
although couched in the most delicate
diction.
What are the controversies which are
to be thrown in the assembly on which
being n party to the dispute we cannot
sit and therefore cannot cast the one
precious vote which would negative al
other efforts and to which the Presi-
dent so impressively refers?
/ THE controversies are any dispute
likely to lead to a rupture'-Article XII
between the United States and any
other country; all disputes as to the
Interpretation of a treaty as to any
question of International law as to the
existence of any fact which IL estab.
lished would constitute n breach of any
International obligation. or as to the ex.
tent and nature of the reparation to bC
made for any such breach.
! (Article KILL
These questions which cover the
whole range OF our possible international
disputes and involve questions vital 10
our interests may be forced before the
assembly for decision.
again I repeat, when he are parties
disputant we do not sit. We have neither
| VoiCa nor VOta We on tria wv