El Paso herald. (El Paso, Tex.) 1901-1931, 1919-07-19
Reservations
BySenateMay
Change Treaty
Amendments May Not Be
Necessary; Root Says
Precedents Ample.

Washington, D. c., July I9.-Since
Elihu Root presented a plan to ratify
the peace treaty with Germany. in
GLIDING the league of nations cove
naRt. and at the same time to elimi-
nate, by means Of reservations, fea-
lures objected to by the senators. the
records of past treaties and conven-
tons. have been scanned carefully.
When is a reservation not a reserva-
tion2, is one Of the questions which
government officials are asking
themselves.
Inc former secretary Of state and
senator, in his letter to senator Louge,
the republican leader, outlining his
plan, asserted emphatically that it
was a long established custom and
practice TO ratify international trea-
ties and conventions with reserVa-
lions" when the United States. or one
of the signatories so desired. II the
other signatOries TO the treaty make
no objections, then the treaty stands
as limited by these reservations so
far as The United States is concerned.
Mr.. Root insisted that If the PROPOSE
reservations, with regard TO the trea-
ty of peace, are included in the instru-
ment Of ratification. it will not be
necessary 70 reopen negotiations with
the other powers.
Officials at the state department,
other officers of the government and
mem bers OF the senate, have been 90
ing over the musty treaties and his
tories OF international law to get all
the light possible on this matter OF
reservations
An examination Of the records in
dicates without a doubt that il has
been the practice Of the United States
to ratify international conventions
Il H. -
These reservations have been included
in the resolutions Of ratification
adopted by the senate That is the
plan which is now proposed
Right of Reservation.
This practice has caused the crit
icism by foreign powers more than
once, though they have acquiesced in
the reservations. The constitution of
the United States divides the treaty
making power between the president
and the senate. As the senate does not
have a voice in the negotiation OF a
treaty, IL sometimes amends or makes
reservations when it comes to acting
upon the negotiated treaty or conven-
ton The courts Of the United States,
In dealing with questions arising IN
der treaties when reservations have
been made, have upheld these reser-
vations.
It is asserted by some of the high
est authorities on international law
ana diplomatic dealing IN the senate,
that reservations contained in a res
olution Of ratification adopted by the
senate. need not be accepted affirma-
lively By other signatories. There is
no objection to their being accepted.
Of course, II is said, but if no objec-
ton, is made TO the reservations by
the other signatories then they stand
as part OF the treaty so far as the
United States is concerned 4.
The interest in this matter of res
ervations in treaties and conventions
has grown keener as it gradually has
developed that the great fight upon
the peace treaty and the league Of ma
items will in all probability. be made
along the line Of amendment to the
treaty or reservations II the same
result can be obtained through reser-
yations in the ratifying resolution. 1t
IS preferable to adopt that plan rather +
than TO put through amendments 10
the articles which have caused objec- /
tons on the part Of the senator's. it is /
said II the senate should undertake |
to amend the articles Of the treaty 4
the peace conference would. II is be- 4
-leveds have TO pass again upon these /
amended articles.