The daily times., 1921-08-31
SENATE MUST CONCUR
There is a Difference of Opin-
ion, and the Public is Inter-
ested to Learn Whether the
Allies Believe the Door is
Open for America to Enter
League.
(By David Lawrence)
Copyright, 1921, by The Daily
TimeS).


Times).
Washington, Aug. Secretary
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 in
tend 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 viewpoint
namely the joining of the league
without the consent of the Senate
But there is divergence of opin-
esting thing now is to see whether
the Allies consider the action of the
Harding Administration as absolute
ly final or whether they believe the
ministration to take the vacant chair
in the Council of the League.
1t is pointed out by those who diff
fer with Mr.. Hughes that the present
administration did not feel bound to
consult the Senate when a represen-
tative was sent officially to the Su
preme Council and that if the exec
utive 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 misun-
derstand the presence of an Ameri-
can representative at the Council of
the League for the new treaty speci-
fically says the United States is not
bound by any provisions of the coven-
ant or action of the council" unless
the United States gives its consent
The Department of State is authorit"
for 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 of
agreement with other nations which
do not require the assent of Congress
and certain powers which necessitate
ratification by the Senate. 1t is there
fore possible for the President and
Secretary of State to concur in GER
tain courses of action taken by the
Council of the League without asking
Senate ratification.
Certainly the present Administra-
ton has no such intention. Ambassa-
dor Harvey was right when he pre-
dicted that the Harding Administra-
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 it
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
|unoficially and represent the Presi-
dent of the United States.
The Allies and the other countries
of the world must decide the ques-
tion. 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 the ap-
proval 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 invita-
ton to the American government to
send a representative to the Council
any time it wants to determine
whether to give it's assent or not to
an action by the Council. Since the
new treaty with Germany indicates
that the United States might conceiv-
ably want to concur in some thing
done by the league the Allies would
be denying America an opportunity
(Continued on page b