The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1921-08-30


dent Can Commit L. s. to League
Without Reference or Consent of Senate
BY DAVID LAWRENCE.
Special Despatch to The Reformer.)
Copyright 1921.
WASHINGTON, Aug. 30--Is there
Joker in the Hughes Knox treaty just
signed between the United States and
Germany? The question is being
asked by many who have closely stud
led the text of the document and dis
covered that the United States has not
closed the door to possible membership
in the league of nations after all and
that. at any moment the executive
branch of our government can consent
to be bound by the covenant without
the consent of the senate or congress.
The Joker is contained in article two
of the new treaty which contains per
missive clauses so broadly phrased as |
to permit a president or secretary of |
state to bring the United States into
the league without even referring the |
matter to congress. The senate once be |
fore foresaw such a possibility and in
the original Lodge reservations to the !
'
ables" used language that would have /,
prohibited the executive from assuming
any obligations under the league cove |
nant without the express consent of
congress-. " The Lodge reservations also !
prohibited any American citizen from
ever serving the league and forbade
American partcipatiin in any commits !
sion of the league without the consent
OF congress. The opponents of the ,
Lodge reservations insisted that such |
viewpoint was Inconsistent with the |
constitution which gives the executive
broad powers to deal win foreign gov
ernments but in the heat if the cOntro
versy the objections went unheeded.
The Suspected Paragraphs.
Now, however, when the final word isl
being said about our treaty relations
with Germany, no prohibition against
future membership in the league or any
OF its com"lssions Is made. The twol
important paragraphs of the new treaty
bearing on this point read as follows:
That the United states shall not bel
bound by the provisions of part one of
that treaty covenant of the league of
nations in Versailles treaty. nor by ANY,
provisions OF that treaty which relate
TO the covenant of the league of ma
tions, nor shall the United States be
bound by any action taken by the
league of nations or by the council or
bv the assembly thereof unless the
United States shall expressly give its
assent to such action. u#.
That while the United States isl
privileged TO participate in the repara
| ton commission, according to the terms
OF part eight of that treaty, and in any
| other commission established under the
| treaty lof Nersailles) or any agreement
supplemental thereto, the United States
IS not bound to participate in any such
commission unless it shall elect to do
so
The above provisions make it clear
| that the United States ism t bound -
! by The covenant unless it gives its con-
sent. The council OF the league of na-
| tons operates anyway under rules re
| curing unanimous agreement so Amer
| lea could not be bound anyway unless
| she gave her consent. But the phrase
unless the United States shall eX-
rresSlv give its consent to such action"
significantly omits reference to con-
| cross as was insisted upon so specifi-
| cally in the Lodge reservations. And the
words United States have always
| been Interpreted to mean the president
| or secretary of state unless a treaty
were being negotiated.
Can Enter When Desirable.
The signatures of the original Yer
sailles pact designated the United
| states as charter member of the
council OF the league of nations The
chair has remained vacant. America
| can send her official or unofficial repre-
sentative to attend council meetings
| any time she wishes to do so. The SEN
| ate could interpose no objection for
| after all the powers of the executive to
commit the United States to the use Of
military or naval forces are limited by
| the constitution. On the other hand in
view of the delicate situation in the
! United States senate today as between
pro leagrers and anti-leaguers President
! Harding and Secretary Hughes viii
| studiously avoid the league of nations
/ and it's council or assembly But when
! the fever of the controversy dies down
and perhaps future Democratic or
| Republican administration finds it val
| liable for an American representative
| to sit in the council or assembly and
/ soeak the viewpoint of the United
| States, there is nothing in the Hughes
i Knox treaty which prohibits such
i course being taken or which lures
/ asking CONGRESS- about it, Either the
4 Uncomfortable missed point or
/ Secretary Hughes. with long look
i ahead, outwftted the anti-leaguers. 1t
i is too late for the foes of the league to
ask for amendments to the Hughes
Knox treatv for this administration
/ Ike its predecessor. intends to insist
that the document be accepted as
signed by the executive branch of the
government without the crossing of a
/ a. or the dottinp of an "iV. Ratif-
cation will be a difficult enough task in
the Reichsta" without opening the new
ftreatv to amendments. The friends of
/ the league are satisfed-the door has
not been closed on ultimate membership
1 of the United States i'm tho 1eooup of