Pine Bluff daily graphic., 1920-09-25
PRESIDENT GIVES
 REASON FOR NOT
 BREAKING TREATY
Refuses to Break Trade Rela. tiOns in Formal Statement
 Issued Yesterday
COLBY BELIEVES
 ACT IS GOOD ONE
Says Action Will be Left Pending r Until Congress Can Make
 the Necessary
 Changes

l "oSHihSCoH, ocpI. IeSlQeuC Wilson has declined to take steps to- ward termination of certain commer- cial treaties as directed by congress in the merchant marine act, holding that "such course would be wholly irreonciliable with the historical re- spect which the United States has shown for its international engage ments."
 Formal announcement of the presi- 1 dents decision ana the reasons inn polling it was made today at the state department. The merchant marine act as approved by the president on the closing day of the last session of congress directed the executive within ninety days to give notice to foreign nations of the intentions of the United States to terminate any sections of existing commercial treaties which restrict the right of the American government to impose discriminatory charges on shipping in foreign bottoms.
 Gives Statement. The statement given out by the state department said:
 "The department of state has been informed by the president that he does not deem the direction, contain ed in section 34 of the so-called mer- chant marine act, an exercise of any constitutional power possessed by congress.
 'The president was directed within 90 days after the act became a law, to notify the several governments, with whom the United States had en- tered into commercial treaties, that this county elected to terminate so much of said treaties, as restricted the right of the United States to i'm pose discriminating customs duties on imports and discriminating ton mage dues, according as the carrier vessels were domestic or foreign, quite regardless of the fact that these restrictions are mutual and quite regardless also of the fact that the treaties contained no pro- visions for their termination in the manner contemplated by congress.
 "The president considers it mis- leading to speak of the termination of the restrictive clauses of such treaties. The action sought to be imposed Upon the executive would amount to violation of said treaties, which are 32 in number and cover every point of contact and mutual dependence which constitute the modern relations between friendll states.
 Such a course would be irrecon- cilible with the historical respect which the United States has shown for it's international engagements and would falsify every profession of our belief in the binding force and the reciprocal obligations of treaties in Igeneral.
 Colby Comments.
 Secretary Colby, commenting upon the point made by the president, that congress had exceeded its powers, called attention to the veto by President Hayes of an act passed by congress in 1879 which required the president to gice notice to China of the abrogation of articles five and six of the Burlingame treaty. Presi- dent Hayes declared that the power of making new treaties or of modi- flying existing teaties is not lodging by the constitution in congress, but in the president and with the advice and consent of congress, as shown by the the concurrence of two thirds of that body
 "The merchant marine act was ap. proved June 5 in the ff0al ruch of the sessions close, with no oppor. tunity to suggest it's revision. To have vetoed the act would have sac. rificed the great number of sound and enlightened provisions which it contains. Furthermore, the fact that one section of the law favors ele- ments of illegality rendering the section imperative, need not affect the validity and operation of the act as whole"