The New York herald., 1920-01-03
HOLD ALLIES MUST
PASS ON LODGE s
TREATY CHANGES
Paul d. Cravath and Henry
Taft Express That Opinion to
League to Enforce Peace.

The peace treaty will have to be resub-
mittsd to the Allied Powers for acceptance
II It Is ratified by the Senate with the
preamble and reservations proposed by tho
Foreign Relations Committee. according
to joint opinion by Paul d. Cravath and
Henry w. Taft. well known lawyers. yes
terday. 1t was contained In letter by
them to william Church Osborn and
Charles H. Strong. Of the New York State
Branch OF the League to Enforce Peace,
with headquarters at No. 30 West Forty
second street. They said they did not be-
lieve the proposed reservations radically
weaken the provisions OF the treaty which
are intended to provide effective ma
chinery for accomplishing permanent
peace" In their letter they said:-
I'VE have considered the questions re-
specting which you have asked our opin-
ion and our answers are as follows:-
81. Will it be necessary to resubmit the
treaty to Germany in case it is ratified
with the preamble and reservations as
proposed by the Foreign Affairs Commit
tee of the Senate?
I'VE do not think that 1t will, as Ger
many is not TO become a member OF the
league. Even II it were otherwise tho
question seems TO us unimportant. as it Is
not likely that Germany would reject the
treaty on account of the reservations, none
of which adversely affect her.
"2. VIII II be necessary to resubnit tho
treaty to all or part of the allied Powers?
1T seems to us that it WILL The Senate
Committee itself appears to be OF th~t
opinion. for the preamble requires an a
ecptance by three Of the Powers by an {, y
change of notes. Aside from the necessary.
implication from this requirement, it is
II. .~xI kea1l
eleventh and fourteenth reservations, as
they are numbered in the copy attached to
your letter. modify the league covenant
so materially as to require that they be ac-
cepted by all Of the other members Of the
league.
'3. Would formal negotiations have TO
be opened by the plenipotentiaries OF tho
several Powers?
''In our opinion acquiescence by an ex"
change OF notes would be all that would
be necessary. Any doubt would be re-
moved by the participation OF the several
nations in the organization Of the league
and the appointment OF representatives
II the diplomatic representatives OF the
foreign departments OF those Powers as
sented to the changes. there would be lit
tie chance that in the case Of the one or
two nations where ratification by a legis-
lative body is necessary such ratification
would not follow. We conclude that, prac-
tically speaking, either acceptance by notes
or acquiescence by participating in tho
transactions Of the league would be suf~
ficient acceptance OF those reservations
which amount to amendments.
"a. Will the reservations calling for ref
erence to the Congress Of various matters
permit effective participation by this
country in the transactions OF the league?
In our opinion they will. although sew
eral reservations which practically make
the House OF Representatives part az
the treaty making power may cause COM
plications. In most of the cases. however,
where action by the Congress is required
the provisions In the reservations ~
nothing but statement Of limitations I'M
posed by the Constitution In our opin-
ion they should not be mentioned, since
they relate to the internal workings of our
government, with which foreign nations
have no concern. If, however, they give
comfort to those who are especially TIM
orous concerning the working of the
League, we see no harm in them.
IS. Will the treaty with the reservations
be an effective agreement for permanent
peace and for the securing OF justice be-
tween the nations without force?
I'VE do not think that the reservations
radically weaken the provisions OF the
treaty which are intended to provide efs \
fective machinery for accomplishing per.
manent peace. The reservations do not
materially modify the machinery OF the
treaty for dealing with International CON-
troversies. II the United States will 10y s
ally and sincerely Join the League OF
Nations provided for in the treaty, "a
modified by the reservations we thint
its opportunity for aiding in the promotion
OF peace will not be substantially dirnin' :.
oh ad nv the rggeryati