New-York tribune., 1919-03-27


I'm the limited field in which unan-
unity is not necessary, there is a mani
iest lack OF proportion in voting power
when the states which are members of
the league are considered with respect
to area, population and wealth. For
example, in the body of delegates, such
states as Norway, Sweden, Denmark
Switzerland and Chile, if members of
the league, would each have one vote
and the United States would have one
vote.
Loosely Woven Clauses
"Acton by the lcagne upon anv rec.
ommendation will depend upon unani.
nous consent. Again, the parties agree
that provision shall be made through
the 'nstrumentality of the league to
secure and maintain freedom of transit
and equitable treatment for the COM
merce of all states members of the
league, having in mind, among other
things, special arrangements with re-
gard to the necessities of the regions
devastated during the war of 1914-18.'
What is meant by freedom of transit
and equitable treatment for the COM
mercc of all states must be left to
conjecture. But, whatever the clause
means, it will require unanimous con-
sent OF the members OF the league to
translate 1T into enything effective"
Concerning the disarmament clause
Mr.. Hughes said:
The carrying out of the provision
for disarmament will depend entirely
upon consent. 1t is agreed that the Elk.
ecutlve Council shall formulate plans
Tor the reduction of national arma-
ments 'to the lowest point consistent
with national safety and the enforce
ment by common action OF internation-
al obligations, having special regard to
the geographical situation and circum-
stances of each state The formulation
OF this plan is obviously matter of
substance and not a matter of mere
procedure, and hence unanimous action
OF the states represented in the Exccu-
tive Council would be required; that is.
the assent of the United States would
be needed.
:, so tar as arbitration is concerned,
the submission is optional and does not
go beyond existing practice. The
parties agree to submit to arbitration
only when they recognize the dispute
or difficulty to be suitable for such
submission and the court of arbitration
is to be agreed upon by the parties
or to be as stipulated in any convcn-
ton existing between them. In short,
either party. to the dispute may block
arbitration If it considers the dispute
not suitable for submission. If this
nation consents TO arbitration, as all
honorable nation it will, of course,
abide by the award.
Obligations Are Absent
'"Ihere is no further obligations upon
either disputant unless G) the renort
OF the executive council or of the BODY
of delegates, as the case may be. is
unanimous (the dsputants, of course,
not voting) and unless CD the other
dlsputant complies with this unanimous
recommendation. In short, either dis
putant may cause the reference Of the
dispute to the body of delegates, con-
sistlng OF all the states which are men,
bers of the league, and there is no
obligation assumed with respect t. any
recommendat. on that may be made un
less all the ntates which are REPRESENT
ed in the body of delegates (othcr than
the disputants) agree to the recon-
mendation.
."There is no agreement to comply
with unanimous recommendation, the
agreement being simply not to 20 to
war against disputant who does COM
ply with it,
"In the event that there is a breach
Of Article MI, so as to make Article
XVI applicable, it is mistake to sup
pose that Article XVI would be self
executing. 1t is provided that the
breach of Article XII shall fpso focto
be deemed to be 'an act of war against
all the other members of the league
Would Require Legislation
"But an act of war is different from
a state Of war. 1t will remain for the
powers 10 decide whether or not they
viii go to war. The parties do under
take immediately to sever all trade and
financial relations with the covenant
breaking state, but legislation would bo
necessary to carry out this provision; as.
for example, in the imposition of an en-
barge, etc. And in the case of the
United States. so far as the practical
enforcement on our part of the pro-
VISIONS OF Article XVI is concerned, the
would depend upon the attitude of Con-
gross.
ut is apparent that the value of Ar
ticlc XII, and Of the sanction of Article
XVI, lie in the agreement to submit
disputes to inquiry and to await the
time required for the inquiry. Whether
the time allowed for the inquiry. and
the facts developed and published pre-
liniinary to or in the course of the in
qulry, will lead to a cooling off, or
whether the controversy will become
moro bitter and finally end in war, is
beyond the range of prophecy.
Sees Danger in Antiquities
The covenant is a new departure.
and it cantains provisions as, for cx-
ample. with respect to labor conditions,
manufacture of munitions by private
enterprise, etc., which indicate that the
field of inquiry is not to be limited
by previous conceptions of what af-
fects international intercourse. While
the authority does not extend beyond
the domain Of recommendation, the
jurisdiction should be propcrly de-
fined, else that which is intended to
heal difficulties may create them.
"lf the United States proposes to re-