Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1921-09-01
HUGHES SAYS PACT
IS BAR To LEAGUE
By DAVID LAWRENCE
Ueased Wire Service to The Journal
lCopvriCht. 1921

Copyright, 1921
WASHINGTON, Aug. 30.-Secre-
tary Hughes Is Of the opinion that
the new treaty with Germany doesn't
permit the United States to join the
league Of nations except by treaty
to which the senate 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 considers an absurd view
point-namely, the joining of the
league without the consent Of the
senate.
But there is a divergence Of opin-
ion on this subject. And the O.
teresting thing now is to see wheth-
er, the allies consider the action of
the Harding administration as alb
solutely final, or whether they be-
lieve the door still is open for
vacant chair in the council of the
league.
1t is pointed out by those who Diff
fer with Mr.. Hughes that the pres
emit administration did not feel bound
to consult the senate when a rep
resentative was sent offlclal!y 10
the supreme council and that II the
send an American diplomat TO take
Americas seat in the council of the
league.
The allies couldn't possibly misun-
derstand the presence OF an american
representative at the council or the
league for the new treaty speclhcally
Tnft
by any provisions of the covenant or
action of the council unless the
United States gives its assent. Inc
department of state is authority Tor
the view that the words united
States" as used in the new pact with
Germany mean the United States as
constitutional fact, which implies, OF
course, that the president and secre-
tary of state have certain powers or
agreement with other nations which
do not require the assent OF congress
and certain powers which necessltate
ratification, by the senate. 1t therefore
is possible for the president and sec
rotary Of state to concur in certain
courses of action taken by the coun-
Gil of the league without asking SEN
ate ratification.
Certainly the present adninistra-
tion has no such intention. Ambassa-
dor Harvey was right when he pre-
dicted that the Harding admln1stra-
ton wouldn't 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, 1t
may be possible for the new treaty
with Germany to be interpreted as
permitting an American representa-
tive to sit in the council officially or
unofficially and represent the pres1-
dent of the United States.
World Must Decide Question
The allies and the other countries
Of the world must decide the ques-
tion. The membership of the coun-
Gil is specifically designated to in
clude the United States. The coun-
ell has the right to increase or di-
minish it's membership, but must
have the approval of the assembly.
Shall the seat Of the United States
be filled by some other nation. or
shall it always remain vacant as a
standing invitation to the American
government to send representative
to the council any time it wants to
determine whether to give its assent
or not to an action by the council?
many indicates that the United
States might conceivably want to
concur in some things done by the
league, the allies would be denying
America an opportunity to get the
facts first-hand through an Off
-cial or unofficial observer If they
formally eliminated the name Of
the United States from charter mem
bership in the council. But it's up
to the other nations. So far as the
present administration is concerned
1t shows indifference as to whether
the seat is kept vacant or filled by
some other country.
Administration officials are in
clined to resent any Interpretation
being placed upon the various parts
Of the new German treaty except
the one they had in, mind when the
document was drafted and 1t was
recalled today that the last admin
istration also resented any other
Interpretation of article ten except
the one it claimed to have had in
mind at Paris. Neyertheless.- the
opponents of article ten succeeded in
defeating the whole treaty because
they persuaded a majority Of the
senate to believe that the mooted ar
ticle made it possible for the words
UNITED States" to be construed as
meaning the executive and not
necessarily congress.