Milford chronicle., 1920-11-12
UNCLE TED'S
BEDTIME STORIES
HOW PRESIDENT WILSON
SET ASIDE "SUPREME LAW"

Sci ASIDE "SlIhEML Law
Uncle Ted, Jack and Ruth had just
climbed into the automobile for a
spin through the country. Uncle Ted
had promised that they would pick
nuts and gather autumn leaves, but
most important to the children, was
the promise of another story.
"You said you would tell us some
thing this time that we ought to
know" said Jack as the machine pull
ed down the long street for the coun-
try.
"Yes, Jack" answered his uncle,
I'm going to tell you how President
Wilson has refused to carry out the
provisions of a law passed by Con-
gress."
what law is that?" asked Ruth.
1.-THE law is the Merchant Marine
Act, which was passed by Congress
and approved in regular order by the
President on the. fifth of last June.
This act authorized and directed the
President within ninety days after it
became a law to tell the various gov
ernments, that our treaties with them
had come to an end, which restrict
the right of the United States to i'm
pose discriminating customs duties on
imports entering the United States
in foreign vessels This action is very
important to- the future of American
shipping and President Wilson,
through Secretary of State Colby, has
refused to give the notice to these
foreign governments as he was di-
rected through the provisions of this
law This action of the President, is,
as l see it, even more important that
the effect it has with regard to this
one law. The position he has taken
in the matter would, if carried out on
other laws, give him or any Presi-
dent, the power to make void or de-
stroy any act of Congress passed in
the regular way under the provisions
of the Constitution"
"What does the Constitution say?"
asked Jack. as the machine rounded
long curve and shot down a lane
through thick woods.
THE Constitution, replied his un
Gle, Says in Article VI that, This
Constitution. and the laws of the
United States which shall be made in
pursuance thereof. and. all treaties
made, or which shall be made, under
the authority of the United States,
shall be the supreme law of the land
"Now what does President Wilson's
attitude in this matter mean? 1t
means that an act, passed by Con-
gress and signed by him, is not the
supreme law of the land as the Con-
stitution says but must give way to
treaties with which it may conflict.
This is a mighty important matter
and that is why l wanted to talk to
you about it,
"Why did the President refuse to
do this?" asked Jack.
In his statement through Secretary
Colby he is said TO have refused be-
cause he did not consider that the
part of the act referred to gave a di-
rectiOn which was an exercise of any
constitutional power possessed by |
Congress. Which means that he must |
think Congress tried to take a power |
wholly given to him as President. He |
seems to think that all matters con- |
cerning treaties are for him alone to !
handle but according to the best legal |
minds of the country and the law
which they base their statements up .
on ne is wrong.
"The Constitution says he has the
power to make treaties by and with
the consent of the Senate but the
does not give him an eX-
press power to bring them to close.
In fact that great governing docu-
ment of our country says nothing
about the right to terminate treaties
but many decisions of the Supreme
Court have settled the fact that Con-
gress has that right under the gen
sral powers of making laws as grant
ID it by the Constitution. In other
words. Congress can bring a treaty
o a close by an act which states
plainly that the treaty in question
hall cease, and the only way the
President can bring an existing treaty {
o a close is to make a new one, by t
nd with the advice and consent OF {
he Senate You see, kiddies, in this
.reat country of ours, a treaty IS I
much more than just a contract with s
mother nation to do certain things
,ecause the Constitution says 1t is the {
supreme law of the land
''In trying to explain the Presidents {
ttitude in the matter, Secretary Col {
v, among other things, referred to
THAT he called a similar case to show |
ther Presidents had done the same, S
be veto message of President Hayes. I
N eminent lawyer says that this is
and goes on to say the l
1.-The circumstances of the two
ases are entirely different. President |
Iayes vetoed the act THAT is refused |
, sign it, and gave his reasons for
in the message referred to. But I
ere the President refuses to give the
utice directed by an act of Congress, i
-hich HE HAS SIGNED d
"You see kiddies, he has signed this
ct and now after it becomes a law il
Q refuses to carry out its provisions.
he benefit of this law to our ship 4
ing is to be taken away because of il
lis refusal of President Wilson, f
hich adds just another black mark
, the long list of mistakes, failures b
nd waste this country has had to il
and from the present Democratic ad- Il
L
MIIIVIIIE ;,