Arizona republican., 1920-01-15
The Prepriety of the Reservations

Judge George Gray prepared an elaborate sument what may regard the propriety or the reservations 10 the covenant of the League of Nations and which is being given wide circulation by the League Enforce Peace. The purpose is prove that at least some of the reservations will make re.submission the treaty necessary con- trary belief the advocates of the reservations.
 While at of he consideration of the treaty this would have been an interesting contribu ton the literature subject. it has now be- come minor even negligible Is which the eonroversalists in the senate ceased some months ago debate. It is by the way not contended by Judge Gray treaty so hedged about by reservations would ineffective if they should be accepted by all other signatories but he thinks a bad precedent would be future diplomatic negotiations
 These reservations Judge Gray holds are an en- eroachment upon the treaty making power which is wholly vested in the president We is no dispute of the fact that that vested that It is not within the province of senate to assist in the making of treaties the senates busi ness to decide whether treaties are acceptabIe It has found that the treaty is not acceptable The reservations amount a statement only of sucb changes would make treaty acceptable to that oooS mere IS certainly no encroachment upon the presidents powers in the making such a statement ihe statement need not be merely interpretive but it may voice objections certain provisions That would certainly be better than summary and permanent rejection of treaty an act which xvopId make necessary the negotiation of a new one without such a definite guide to avoid the senatorial ohic tions to the former
 The precedent which Judge Gray wo,ld avoid hoe sready been established though not on so broad and pronounced a scale and that precedent was invoked carry in the consideration of the present tre,,x as warrant TOT such reservations were proposed
 m this country where the negotiating and inc auishs authorities are in different hands the oues 'ion or ratification assumes a double importance for iI "S no means follows that ratification is poattr oi course In several notable instances treatfas nc so'iaeo ny the president been rejected In, ,h senate Foreign governments therefore neoot,a., "lth the president of the United States ara ,ros, to De aware that negotiation is only the int;al . - ~ procedure. The senate has. moreover claimed W is" anu mas exercised it in several instances ot ratISlns only part of a treaty instead of sapdi :, ban,l for revision ie u
 'uuse Gray especially attacks the reservatio :. -hucie A. providing that the United States a Ho oohsatlon to go to war unless cone,as. ,., eiiuei me constitution has sole power to daa,o
 should by act joint resolution, ,.-.,, ., ie'' 'here IS an unsettled question ,v,;c, ,
 ' hes' whether congress bound in an,, ca ~ enact the necessary legislation to carr,, ,.. w sipuauons of a treaty which has nsaa 'he iinai stage of ratification bv tb. . ~
 oertainiy therefore congress cou1d 4 =. -. o' such legislation s carry tbe conn, 'iS into war when the constitution nrovtao ., ..-. war ohiy by an congress- ,rbt
 'here1ore, appears O be unnecass,, T,
 e purpose only of notifying other siyn tu,
 existence or that provision in our constitntton