The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-12-17
The War Still On
According to The
Supreme Court
By DAVID LAWRENCE
Copyright by The 1ntelligencer
Copyright by The 1nteligencer
By DAVID LAWRENCE


WASHINGTON. y. c.. Dec. l6.-The
war is still on. There can be n" peace
until the President Of the Cn!tcd Stales
proClaius peace and this he need not 40
amt a traty OF peace Is rauhcd oy the
United states government and accepted
ny foreign governments. The PRESIDENT
* the sole Judge Of the proper moment
Tor tho issuance Of his proclamation OK
peace.
These are the big points which entire.
Is apart from nationwide lnteress
In The uquor question were dcduced
tror, the decision OF the supreme court
of the United States. So absorsra ~Src s
mos, observers IL cndcaroring 10 ais
c, ycr whether or not the country would
bc or wet oS dry basis that the speak
ing OF the unanimous DECISION OF tnc
supreme court on matters atteclnS tne
status - the peace treaty NSeI1 ulo tioS
have its full effect. Until TO-DAY %nsi. s,.
the words Of the court were carcAuHy
iigcstcd hy official Washington
IL isn't possible OF course TO Inquire
into the purposes which the supreme
court had III mind but there were many
observers who thought they saw an IN IN
tent on the part of the court al TINS
critical moment in. the nations history
10 SGT at rest the confusion which mas
exi>t ted as TO whether or not tne war
-" 49, ~ ~:""",S" ~
IN" portion OF the decision which at
tractcd the mos; attention was TINS
sentence: ,.;o,,
IN the auScncc Of specihc PROVISION
hnNn NClu ~ extend To the rat tiication ot
the ,rv..t: ~ peace or the I'rociamatiV''
OF peace.
corning war activities contain each a
,pecihc prov ision for determining 1en
IL shall cease to be operative and from
IN. alleged absence OF such provision
hero. II is argued that the term con
-. Shnnld
it's ordinary legal meaning; that IN
.trad IL should be construed as the time
when acrual hoStilitics ceased or %net'
he treaty OF pcsC" was stsnea al yer
lean and German representatives, or
more generally. whcn the war emerg-
cucy ceased bv rcaS"n OF our conpi'tc
victory and the disarmament OF the
enemy coupled with the demooilizatlon
Of our army. and the closing OF war
nctivi;les or when tn" declared purpose
t.C the act OF conserving Of man-power
of the nation and TO increase efficiency
IN the production or arms munitions:
and navy shall have been fully salts
"Rue there IS nothing in tn" words
used 10 justify such construction
Conclusion "t the war clearly did not
mean cessation OF hostilitics because
,hc act ,.sar-tImc rruhio!tIUn) was hp.
nrCycd ton tavS after hoStili:ieS had
erased upCn the signing OF the armiS-
ricc. Nor may W. assume that congress
intended by the phrase Ia designate the
date when the treaty OF peace should DC
signed a. Versailles or elsewhere 10y
German and American REPRESENTATIVES,
since the t'uuSltnt. on. n treaty is only
I proposal until approved by the
senate
It will be noticed that the supreme
court uses tho phrase approved by the
senate" instead ot ratification BY the
-.ua,e." for the act Is that strictly
speaking the senate does n.t ratity. bu'
!, merely approves or diSapp-oves of n
treaty and the rower nf ratification
r"Sts with the chief executive. Thus
'ha decision of the court plainly con-
firms Tn" contention "t those corstitu-
months Of controversy have contcndrd
that tho president was the sole judge
ot whether tn" senate had approved or
disapproyrd OF the treaty which nc had
negotiated with foreign powers and that
!; was discretionary with him 90 pro-
claim ratiiicntion oniv when II was sat
SIZED that An International agreement
hrtw"cn foreign govcrnncuts and our
own had been -cach"d.
I:ric'ly therefore, tho decision OF the
supreme court is regarded as one OF the
most effective arguments that had yet
o.cu presented for action on tho part ot
th" ,sernai" 81 the United states on me
2rnding peace treaty. There is no
p"acc Mr.. Wilson can regard tho in
fusion oi reservations as not affecting
she treaty providing other nations ac-
ccpt those amendments or reservations
but ~ is not Obliged 10 proclaim peace
until nc has discovered whether or not
foreign governments assent 10 Amrri-
can reS"dvation or amendments. The
supreme courts decision is expected &c
dispose cff"Ctuaiiv OF efforts TO hring
about a stale Of peace by the passage
OF "A joint or concurrent resolution by
congress Tn" supreme court Of thG
United States has decided that 4 treaty
Of peace means an agreement between