The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-08-30
TREATY
JOKER!.
Are the Antii-Leaguers Out
witted in Negotiation of
the u. Sherman Pact?
By DAVID LAWRENCE.
(Copyr!ght BY The 1nteluEenesro

Washington. Aug. els there
Joker in the Eushes-Krox treaty Just
signed between the United States ana
Germany? The question is being askeo
hy naay who have closely studied tho
text OF the document and discovered
that tho United States has not closed
tho door 10 possible membership IN the
LEAGUE OF nat,oas after all and that al
any moment the executive branch OF
our government can consent 70 be bound
by the covenant without the consent OK
the senate or congress
Tho Joker Is contained In article two
Of the new treaty. which contains per
mlsssve clauses so broadly phrRseo as
to permit president or secretary "t
state TO bring tho United States into the
league without even referring the mas-
Ter 10 congress. Tho senate once be-
rore toresaw such a possibility. and N
tho original Lodge reservations to the
Versailles pact tho senate leraconch-
ables'' used language that would have
prohibited tho executive from assun-
ink obligations under the league cove
rant without tho express consent or
congress" Tho Lodge reservations also
prohibited any American citizen rom
ever serving tho league and FORBADE
American participation n any commits
sion OF the league without the consen,
Of congress- The opponents OF tho
Lodge reservations insisted that such
viewpoint was Inconsistent with tho
constitution. which gives the execuilfe
broad powers to deal with torc'Sn gov
ernmentS but In the heat OF the con-
troversy the objections went G7aeHl4d
wn.re the Joker comss In.
Now, however. when the anal 'yord Is
beIng said about our treaty relations
with Germany. no prohtoit'on against
future membership In tho lsayne or any
OF its commissions - male. Thu TWO
important paragraphs OF the new treaty
bearing on this point read as follows:
That tho United States shall not DO
bound By the provisions OF part ono OF
that treaty (covensnt OF the league OF
nations IN VersaIuss treaty. nor by
any provisions OF that treaty which re-
late to the covenant Of the league or
rat.ons nor shall the United States be
bound by any action taken by the league
OF nations or by the council or by the
assembly thereof. unless the United
States shall expressly give Its consent
10 such action.
THAT while tho United States Is
privileged 70 participate In tho repara-
ton commission. according 20 the terms
nt part eight Of that treaty. and IN any
other commission established under tho
treaty Cot Yersaillss or any agreement
supplemental thereto. tho United States
Is not bound to participate in any such
commission unless Il shall eject to do
So
o. 8. Not Bound
The above provisions make 1t clear
that the United States isn't bound by
the covenant unless II gives It's consent.
The council Of the league OF nations
operates anyway under rules, requiring
unanimous agreement. so America could
not be bound anyway unless she gave
her consent. But the phrase, unless
the United States shall expressly give
It's consent to such action" significantly
omits reference 20 congress. az vas In
sisted upon so specifically In the Lodge
reservations. And the words Unit Il
States have always boen Interpreted TO
mean the president or secretary OF state
unless a treaty vsre being negotiate :.
Tho sixnatortss OF tho original Yer
vailles pact designated the United
States as charter member os tho
council Of tho league OF nations. Toe
chair has remained vacant. America
can send her official or unofficial repre-
sentatives TO attend council meetings
any time she wishes to do 80. The senate
could interpose no objection. for. aft
all. the powers Of the executive 10 COM
nit tho United States to the use ot
military or naval forces are Nr0i:ed by
the constitution.
ThS Posstbtntdss.
On the other hand. In view II tho
delicate situation in the United State,
senate today AS between pro-loarusrI
and an,t-leagusrs. President Harding
and Secretary Hughes will studiously
avoid the league OF nations and It's
council or assembly. But when the
fever ot the controversy dies down and
a possible future Democratic or Repuh-
lican administration nnds Il valua Bile
for an American representative 10 sit In
the council nr assembly and speak the
viewpoint OF tho United States. thers is
nothing IN tho Hughcs-KnoI treaty
treaty which prohibits such course
being taksn or which requires asking
congress about II. Either tho "irrencon-
rilables" missed point or Secretary
hughes. with long look ahead. out
wltted the antt-leasu,rs Il Is too late
ror the foes o. tho league 20 ask for
amendments 70 the HuxhesKnoy treaty.
for 'his administration. like It's prede-
tessor. intends 10 insist that tho docu-
rnent he accepted as signed by the
executive branch OF the government
without the crossing Of 49, or the dot
ting OF an "!" Ratification Will bo a
difficult enough task IN tho Reichstas
without opening the new treaty 10
amendments. Tho friends of Tho league
are sattSAed-thN door has not been
closed on ultimate membership os tho
United States n tho league OF nations.