Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1920-04-03
RESOLUTION ON
PEACE RAISES
MANY QUESTIONS
BY DAVID LAWRENCE

Copyright, N192O, Tor The Atlanta Journal.)
WASHINGTON, April 2.-Peace by
joint resolution of congress instead
of a treaty has raised such a serious
question as to the relative powers
of the president Of the United States
and the congress that it may require
a decision by the supreme court of
the United States to settle the dis
pute.
Republican leaders in the house
have framed a resolution not only
declaring the war at an end, but I'M
dertaking to communicate to a for
eign government an ultimatum which,
under the constitution, heretofore
only the executive branch of the gov
eminent in it's own discretion has
been privileged to send. Here is
what is likely to happen:
President Wilson surely will veto
the joint resolution on the ground
that it trespasses on the constitu-
tional right of the executive to con-
duct the foreign relations of the
country and to make treaties and
agreements with foreign powers
Congress may decide to pass the
resolution over Mr.. Wilson's veto, as
Stunning that a two-thirds vote of
both houses is possible-somethin
which is doubtful because in the
senate the treaty itself was beaten
because enough Democrats stood
steadfastly by President Wilson and
prevented ratification with the Lodge
reservations-a grave question would
arise as to the validity =" the joint
resolution
Wilson Holds Whip Hand
Constitutional lawyers disinterest-
ed in the present dispute declare that
if congress gave a two-thirds vote to
the joint resolution when vetoed by
the president it would not stand in
the same category as bill which
becomes law that way, but would be
absolutely invalid.
If congress disputed the invalidity
Of the joint resolution under such
circumstances, any citizen of the
United States whose property is af-
fected by the statement in the joint
resolution that the war has come to
an end may bring a case into court
to determine the validity of that res
olution. The executive branch of the
government itself through the de-
partment of justice, could bring such
a case.
Inasmuch as the supreme court
lately has shown that when the pub
lie interest demands, it can dispose
of cases without the delay Of so many
months which commonly attends
cases on the calendar, 1t might be
possible to get a decision in a few
weeks.
But the effort to make peace by
joint resolution really is doomed to
failure simply because the president
has so many moves by which the
measure can be blocked. People in
administration quarters realize,
though they may not be willing to
admit it. publicly, that there is much
merit in the contention of SO many
members of congress relative to the
implied right of the legislative
branch Of the government to termi-
nate a war. If congress alone can
declare war, why can't congress
bring the same war to an end?
Troubling Both Sides
That simple question is what is
LIOuUllIlS Ia w CI VII OOIlA LIC DChlO
cratic and Republican sides of the
controversy. The constitution does
not say anything about the power of
congress to end wars, but it does
specifically give the president the
right to make treaties and submit
them to congress for approval. The
point never has before arisen. 1t
will establish a precedent.
Nv, tho other, hand Rpnnh1iCan
leaders have included in their joint
resolution the proviso that the pres
ident is instructed to communicate
to the German government that I'M
less Germany concurs in the action
of the American congrc~~ and be-
slows the same rights and privileges
to America as would have been gain
ed by the treaty of Versailles with
reference to property and trade adj
vantages, commercial intercourse
WI Germany will be suspended af-
ter the lapse of the forty-five-day
time limit. In other words, congress
u. :. NeJ to dictate the nature of
communication to a foreign govern
NO. , the cOnctituti0'o says the
president alone shall have that right.
Pendulum Swings Back
The pendulum has swung from one
extreme, in which the president
sought to make treaty without TAX
ing into account the sentiment in
congress, to the other extreme In
which congress will, if the joint res
olution is passed, attempt to dictate
how the president shall conduct for
eign relations.
The partisan atmosphere, together
with a government divided on politi-
c.. lines. is ~-'oducing constitutional
tangles unknown in American his
tc and is ~'owly building up bit
terness of feeling that may make 1t
difficult to decide ~ question ex-
cept through the roundabout but
nevertheless effective process of the
courts.
Only the calm and disinterested
Judgment of the supreme court of the
United States, set up to say what
laws are valid or invalid, now can
settle the dispute to the satisfaction
of everybody concerned unless the
Republican congress withdraws its
complaining joint resolution and
President Wilson sends the treaty
back to the senate with statement
showing his willingness to compro-
,,o;-o ~, roearva lions.