Evening journal., 1920-01-12
GRAY SEES Hope
YET FOR TREATY
Believes Compromise Can Be
Reached in Senate on
League of Nations
DIFFERS FROM WILSON,
WHO FIGHTS CHANGES


tional leaders Of the conservative Gle
ment Of the Democratic party. docs mol
agree with President Wilson's stanc
That there is no room for compromise
on the league OF Nations Treaty.
In an opinion submitted 20 the Leagu,
to Enforce Peace, Judge Gray speaks FOL
! compromise. He says:
In face OF the international and so
cial anarchy prevailing IN so large q
part Of the world, and Of the human
suffering which appeals so strongly To
our manhood and humanity, we can
not hope 10 preserve our own we'll
being and national self-respect by an
ostrich-like isolation. Il cannot be de-
MED that the long delayed ratification
OF the Treaty Of Peace by the Senate
has aggravated the evils Of the situa-
lion, both abroad and at home. 10 has
given o stimulus 10 the revolutionary
and dislntegrating forces that threaten
The social fabric, and has Increased
10 an alarming extent the painful un-
certainty as TO the future.
"The character, then. Of the reser-
vatlons reported from the Senate Com
by a majority Of the Senate, requires
our careful consideration. Are they
or any Of them, in substance, such
amendments or changes in the inter
national agreement as would require a
resubmlssion Of the Treaty 70 the sig
naiory powers, including Germany II
so. delay and disastrous confusion IN
the councils Of the nations viii be the
result. Other nations Will be encour-
aged TO propose amendments IN their
own interest, and the Treaty, which,
Ike all great instruments Of the kind,
Is compromise Of conflicting views,
will be thrown again into the caldron
Of debate and discussion, and sus-
plcions and jealousies, quleted by the
agreement of so many minds, viii be
again awakened TO disturb the peace
of the world. This must be avoided.
II possible.
.'The first reservation, do not think
Is open 10 this criticism. II merely
states the understanding by The United
states in its ratification, that works
no change in the substance or the
Treaty. and II not objected to, requires
no reconsideration by the signatory
powers. l..
Of different character. II reads as
follows:
'Tlfe United states assumes no
obligation 90 preserve the terri
torlal integrity or political inde-
pendence OF any other country or
10 Interfere In controversies be-
tween natlons-whether members
of the League or not-under the
provisions OF Article 10. or to en-
ploy the military or naval forces
Of the United states under any ar
tlele OF the Treaty for any purpose,
unless in any particular case the
Congress. which, under the Con-
stltution. has the sole power 90 de-
clare war or authorize the employ
mont OF the military or naval forces
OF the United States, SHAH by acb
or Joint resolution 50 provide.
ARTICLE Y is an important and sub
stantlve part Of the Treaty, and l be
lieve that by this reservation 1t Is aD-
solutely repudiated and rejected by the
senate. It accords with n somewhat
widespread popular opinion, that ule
treaty making power is limited by ule
distribution made by the constitution
of the powers Of the government into
different departments. This Of course,
is a mistaken view. The treaty max
ing power Is lodged exclusively I'M the
President and the Senate. lie shall
have power. by and with the advice
and consent OF the Senate, TO make
treaties. provided twO-thlrds of the
Senators present concur.
"The power thus conferred is plen-
ary. and, except in respects that need
not now be referred to. is without
limitation. No other department of the
government Is called upon to partici-
pate. or can participate, in the making
OF a treaty. When made, IL IS con-
tract between the sovereign entity OF
the United States Of America and the
other high contracting party. 1t be
comes a part of the supreme law Of
the land, and It's obligations are bind,
ing alike upon every department OF
the government and upon the people.
nv % Tho good faith OF the lIniicd
States IS pledged 20 the other con
tracing party or parties, and that good
faith is in the keeping OF any depart
ment OF the government whose func-
lions are appropriate 10 that end. II
any OF its obligations require the ac-
ton OF the legislative department, then
that department must respond. not on
It's own behalf, but. on behalf OF the
sovereignty Of the United States.
"The treaty making power is a SOW
ereign and national power. 1t is an
attribute and a badge Of nationality. II
presents the national feature of our
Federal Government TO the Nations OF
the World who do not take, and are
not called upon to take, into account
the different departments 10 which are
distributed the powers Of government
under our constitution. have said,
Il is the sovereign and national entity
OF the United States which enters into
contractual relations with other n2-
itlons, through the medium Of the
treaty making power. The obligations
imposed by the treaty are the obliga-
tions Of the United States, no matter
by what department or governmental
agency the obligation is TO be fulfilled.
The important character and extent %
( The legislative power lodged In Con
/ gress by the constitution do not make
It or the House OF Representatives. q
participant in the treaty making power
or otherwise affect ITS relations 60 that
power, except so far as 10 is called
upon TO fulfill the obligations which
the sovereignty Of the United States
has imposed upon Itself by treaty.
IF we admit as we must. the plen~
ary character Of this power, and that
IL covers almost the entire range Of
interests and matters that may become
/ the sllhincIs Of traatw nannLinLLnns inn-