New-York tribune., 1919-08-13
First Treaty Plan
Was Composite One
Wilson's Statement That
Smstts's Draft Vas the
Basis Denied by Miller

for league of nations used as basis
OF discussion at Versailles was not
any of the drafts submitted by the
United States, Great Britain, France
or Italy, but was a combination of all
OF them, the Senate Foreign Relations
Committee was told to-day by David
Hunter Miller. legal adviser to the
league of nations commission at Yer
saiiies
Chairman Lodge said President Will
son had told the committee at the
White House in March that the British
plan drawn by General SHUTS was
used as basis of consideration, but
the witness protested that such was
not his recollection. The plan taken as
basis of discuss ion. he said, was
modelled to some extent on the other
plans. but it was not the Smnts plan"
The witness said he had submitted
memoranda on the American plan, but
did not see the finished product until
1t was printed in the form transmitted
10 the committee yesterday by Presi-
dent Wilson.
President Drew Plan
"Wherc did the plan come from %
asked Senator Lodge.
Il suppose it came from the Presi-
dent"
What became Of it,"
81 think it was submitted to the COM
mission on the league of nations.
didn't personally have anything to do
with it."
Questioned by Senator Brandegee,
Republican, of Connecticut, Mr. Miller
low rtn Of VII
Auchincloss, son-in-law of Colonel L. NJ
House, one of the American delegates
to the peace conference.
Did you have any experience in in
ternational affairs in drafting treaties 2"
asked Senator Brandegee.
Not prior to my appointment as a
special assistant in the State Depart
ment shortly after the United States
entered the war."
Mr.. Miller said he never had heard
of any plan for a league drafted by
New York lawyers and taken to Paris
by the President.
Senator Brandcgee asked "as of what
date" the territorial integrity" men
toned under Article X Of the covenant
was to be guaranteed.
Il understand the boundaries and
territorial integrity Of nations are to
be guaranteed primarily as thev eX-
secondarlly as they may be determined
under the treaty by plebscite, for in
stance"
Speeches Are Prepared
Asked about the meeting of the
peace conference at which the first
completed draft Of the covenant was
approved on the eve OF President Viii
sons departure for the United States
IN February. the witness said he
thought the meeting was open to the
public and lasted all Afternoon. Some
set speeches were made.
as there anybody asking any one
else what certain provisions OF the
covenant meant ?' asked Senator
Brandegee.
u think the speeches were all pre-
pared"
Senator Harding, Republican, Of
Ohio, asked as to what would ensue
under the covenant if the league made
decision affecting American terri
tory contrary to the wishes of the
American government. The witness said
there would be no authority to en-
force the league decision unless the
united States broke it's covenants and
went to war over the question.
Then what does the league have to
back up it's decisions?' persisted Mr.
Harding
".Public opinion and moral force
Asked who drew up the composite
draft OF the covenant used as a basis
OF discussions at Versailles, the wit
ness said:
'Mr. Hurst and myself"
He later explained that Mr. Hurst
was legal adviser to the British dele
CATION. Mr.. Miller said he presumed
a copy OF the composite draft was in
)p 7 ,.f ont
try to get it for Che committee
Senator Fall Republican, of New
Mexico, asked what the situation would
be If the league awarded strip of
American territory to Mexico and
Mexico accepted the decision Of the
league and placed her flag over the
disputed territory, though The United
States refused to abide by the dec-
sion.
at would be an invasion of the
United States" the witness replied.
Zone which we could resist with
armed force without violating our
covenants" ?"
Hursts Attitude Questioned
Referring to, Mr. Hurst. Senator
brandegee asked: isn't he we'll known
IN England as a pacifist? Didn't he
advocate in published articles peace
without victory?"
81 never heard of that"
Wasn't he suspected of being pro
German ?'
81 don't know"
Referring to the provision that
parties to a dispute are excluded from
voting in the decision, Senator Hard
ing asked whether, in a dispute be-
tween Australia and another nation,
the other British dominions would
have votes.
at is hard to visualize a dispute in
which one of the dominions would be
an Interested party and the others
would not" said the witness. "And if
they were interested parties they
would be excluded under the covenant"
Senators Hitchcock, of Nebraska, and
Swanson, of Virginia, Democrats, re-
peatedly objected to the attitude of
Republican members in questioning
the witness and several times the
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