Evening star., 1921-08-30
US. NOT PERMITTED
TO ENTER LEAGUE
Secretary Hughes So Views
German Treaty-Special
Pact Held Essential.
BY DAVID LAWRENCE.

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
a 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 10
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 opinion
on this subject. And the interesyuns
consider the action of the Hardlns
administration as absolutely final or
whether they believe the door is still
open for q future administration 10
take the vacant chair in the council
of the league
Did Not Consult senate.
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 represent
ative was sent officially to the su-
ecutive cared to do SO he could SEND
an American diplomat to take Amer
ica's seat in the council of the league.
The allies couldn't possibly mfsun-
derstand the presence of an Ameri. .
can representative at the council OF
the league. for the new treaty spe-
officially says the United States Is not
bound by any provisions of the cove
nant or action of the council unless
the United States gives it's assent.
The Department of State is author
ity 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 Secretary Of State have certain
powers of agreement with other ma
tfons which do not require the assent
of Congress and certain powers which
necessitate ratification by the Senate.
1t is, therefore. possible for the Pres
ident and Secretary of State to con-
cur in certain courses of action taken
by the council of the league without
asking Senate ratification.
Harvey Prediction Right.
Certainly the present administration
has no such intention. Ambassador
Harvey was right when he predicted
that the Harding administration
wouldn't have anything to do, direct
the significant fact Is that if an ad-
ministration 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 per-
mitting an American representative
to sit in the council off1cially or un-
officially and represent the President
of the United States.
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.
crease or diminish its 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 va
cant as a standing invitation to the
american government to send a rep
resentative to the council any time it
wants to determine whether to give
council? al
Indinerent Over Seat.
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 be denying America an
opportunity to get the facts first
hand through an official or unofiicial
observer il they formally eliminated
the name of the United States from
charter membership in the council,
But It's up to the other nations So
lar as the present administration is
concerned. 1t shows Indifference as to
whether the seat is kept vacant or
niled by some other country,
fConvrl0bt 1901