The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1921-08-31

ate has given its constitutional consent
He didn't intend the language of the new
pact to be interpreted in any other way
and had no desire to use phrases which
could in any way give rise to what he con-
siders an absurd yiewpoint-namely, the
joining of the league without the consent
of the senate.
But there is a divergence of opinion on
this subject And the interesting thing
now is to see whether the allies consider
the action of the Harding administration
as absolutely final or whether they believe
the door is still open for a future admin
istration to take the vacant chair in the
council of the league.
The Opposite Opinion.
1t is. pointed out by those who differ
with Mr.. Hughes that the present admin
istration did not feel bound TO consult
THE senate when a representative was sent
officially to the supreme council and that
If the executive cared to do so he could
send an American diplomat to take
Americas seat in the council of the league.
The allies couldn't possibly misunderstood
the presence of an American representa-
tive at the council of the league for the
new treaty specifically says the United
States is not bound by any provisions
of the covenant or action of the council
unless the United States gives its as
sent The department of the state Is
authority for the view that the words.
United States" as used in the new pact
with Germany mean the United States
as a constitutional fact. which implies
of course that the president and score
tary of state have certain powers OF
agreement with other nations which do
not require the assent of congress and
certain powers which necesSitate ratifica-
ton by the senate. Ii is, therefore, pos
sible for the president and secretary of
state to concur in certain courses of ac-
ton taken by he council of the league
without asking senate ratification.
Certainly the present administration
has no such intention. Ambassador Har-
vey was right when he predicted that the
Harding administration would not have
anything to do directly or indirectly with
the league but the significant fact is that
if an administration comes into power
which is more friendly to the league than
the incumbent authorities it may be pos
Sible for the new treaty with Germany
TO be interpreted as permitting an
American representative to sit in the
council officially or unofficially and rep
resent the president of the United States
Allies Must Decide. .
The allies and the other countries of the
world must decide the question. The
membership of the council is specifically
designated to include the United States
The council has the right to increase or
diminish its membership, but must have
I the approval of the assembly. Shall the
scat of the United States be filled by some
other nation or shall il always remain va.
cant as a standing invitation to the
American government to send a repreSen-
tative to the council any time it wants e
determine whether to give its assent OIL
not to an action by the council. Since the
new treaty with Germany indicates that
the United States might conceivably want
TO concur in some things done by the
league the allies would ne denying
America an opportunity to get the facts
first hand through an official or unofficial
observer if they formally eliminated tn,
name of the United States from charter
membership in the council. But it's VI
to the other nations. SO far as the pres
ent administration is concerned it shows
Indifference as to whether the seat is kept
vacant or filled by some other country.
| Insists on Own Interpretation.
Administration officials are inclined e
resent any Interpretation being placed
| upon the various parts Of the new Ger
man treaty except the one they had In
mind when the document was drafted and
| il was recalled today that the last adj
ADMINISTRATION also resented any other in
depreciation of article 10 except the one
| it claimed to have had in mind at Paris
Nevertheless. the opponents of article IL
| succeeded in defeating the whole treaty
| because they persuaded n majority of tn,
senate to believe that the mooted article
made it possible for the words. Emitted
States" to be construed as meaning tn,
| executive and not necessarily congress.