New-York tribune., 1920-04-08
Peace Measure
Held Invalid
Bv Democrats
Minority Report Attacks
Resolution as Unconsti-
.utional Invasion Of
Treat, Making Power
Vote Is Set for Tomorrow
Plan Gives Germany Advan-
tages the Senate Denied
to Allies. 1t Is Charged


WASHINGTON. April The constj-
;utiOHalty Of making peace through
joint resolution of Congress was
attacked by the Democratic members
Il the Foreign Affairs Committee OF
the House or representatives in
minority report on the Porter peace
resolution fled to-day by Representa-
i've Flood, CT Virginia.
The Administration members. in op-
posing The resolution. which comes Up
or discussion in the House to-mor-
row. charged the Republicans with in
sincerity and sharp practice"
A vote VIII be had on the resolution
II the House at 5 O'Clock Friday after
room, under q rule brought IN when
:he resolution was reported. The rule
prohibits amendments to the measure.
I'd il il is adopted .o-morrpw the
rght over the resolution IN the House
sill be :, 5. .rai- -ht-out contest for its
saopt.cn or rejection.
Tae minority report denied that
qreside$- Wilson advised Congress
5nas the way WAS ended. 1T is true
na-. on the signing OF the armistice,'
me repCrt said. the President. in the
course oi All address to Congress, used
ne words The war thus comes to an
end. But he spoke Of actual hostili-
s.es as every one knew. and not OF
tne technical state Of the war.
Charge SHARP Practice"
The war Will not end until it is
Terminated ii 1 constitutional man
rer The Grafters of the resolution
end he members of the Committee on
Foreign Affairs who voted for I. knew
-har this was the case. Indeed, after
the Presidents address on the l1th
uay q Novenb Der. 1918, a commission
vent abroad FOR the purpose CT negoti-
ating treaty and bringing about a
condition o. peace. Several months
were occupied IN negotiation and the
t.eaty that resulted was, in due and
proper course. submitted to the Senate
+ the United States. and was the SUD
iec- Of discussion there al various
tines Tor nine months.
This resolution contains some pro
visions that are within the power Of
Congress and others that are not. So
Tar as i seeks TO declare peace and 50
7e as il seeks 10 direct the President
-9 lssIe q proclamation 70 the Ger-
nsn government. i entrenches upon
20 treaty-making powers and is not
s.t- in the power Of Congress.
$50 far as it prohibits United
States citizens and residents from
commercial Intercourse with Germany
or Is nationals and provides penalties
1o- the violation OF such restriction, It
$ valid. So lar as it attempts to re-
zeal war legislation i is o. course
thin the power OF Congress-
Discusses Powers of Congress
The minority report argued at great
.sngtn in favor of the contention that
Foneress does not have power to de-
care peace by q joint resolution.
While L IS doubtless rue the re
lor- continued. that Drecedents can
as found whete CONGRESS mas he
President asserting by approval. under
taken 20 pa : resolutions affecting for-
eign relations. i is generally reco--
nlzed ;hat these arc but expressions
u opinion
Section : OF the resolution. whica
declares thar wartime legislation shal
end WIKI -ns going into force Of tn
resolution. does not repeal the W.
t:Ene legislation, the minority repozt
declared.
Concerning Section Of the resolu-
Ion. which gives Germany forty-tivc
days n wnicn % not-fy this government
Ina. = mas taken steps 20 end tn
e~'-1 - W.T. u3e.rI pefa4-y O. laF----
trade between me United States and
Germany re -ric-ed the report said:
The frs. though. wnicr comes .
ones mlrd II connection with this sec
tioA Is taa. i gives 10 Germany ana
her nationals al the rights they woe.d
nave had i the United States had
ratified the Treaty Of Versailles.
Another thought Is that the resou-
tion nor only attempts 20 declare the
va = an END, but il attempts 10
make. y effect. 4 treaty with Germany,
because the section quoted contem-
p.ates Affirmative action upon the part
Of Germany IN accepting the terms
.a-a down n this resolution. This is
IN indirect way OF attempting to e.
tab.lsh contraetual relations between
ne TWO governments, and constitutes.
therefore. bold invasion Of the
.ss-.y-raakllg powers. which are TIE
eonsIl-ational p-erogatives Of the
rres-cen1. By ard with the advice anu
cpHsere q raa Senate
Sector 3 CT the resolution is an
attesap- 20 obtain the benefit of the
pIotec.loa o. the Treaty Of Versailles.
ii 81 The Senate did not see fit t.
racs2y out a careful consideration Of