Evening star., 1921-08-29
SUSPECTED Joker
IN TREATY PERMITS
u. s. TO Join LEAGUE
Hughes-Knox Document May
Open Way to Binding
Executive Action.
BY DAVID LAWRENCE.

Is there joker in the Hughes-knox
treaty. just signed between the Chiteo
States and Germany?
The question is being asked by many
who have closely studied the text Of the
document and discovered that the Unit
ed States has not closed the door to pos
sible membership in the league OF ma
tions after all, and that at any moment
the executive branch of our government
can consent to be bound by the cove
rant without the consent of the Senate
or Congress.
The joker is contained In articie
ii of the new treaty. which contains
permissiye clauses SO broadly phraseo
as to permit President or secretary
of State to bring the Cnited ota.es
into the league without even reaSr-
ring the matter to Congress. me
Senate once before foresaw sucn q
possibility. and in the original Looee
reservations to the Versailles paci
the Senate "irreconcilables' used
language that would have prohiolteo
the executive from assuming any oo-
legations under the league coVshahe
without the express consent OF
Congress-"
Lodge reservations also prohibited
any American citizen from ever serV-
ing the league, and forbade American
participation in any COMMISSION VI
the league without consent -oL Con
gress. The opponents Of the Lodee
reservations insisted that sucn 'oew
point was inconsistent with the Con
stitution, which gives the executive
broad powers to deal with foreign
governments, but in the neat OF the
controversy the objections went un-
needed.
Paraxraphs Bearing ON Point.
Now. however, when the final word
is being said about our treaty reia-
tions with Germany. no prohibition
against future membership in the
league or any of it's commissions is
made. The two important para
graphs of the new treaty bearing
on this point read as follows:
be 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 nations, nor shall the ohiteo
states be bound by any action taken
BY the league of nations or by tne
council or by the assembly Thereon
unless the United States shall ex-
pressly give it's assent to such action
"That while the United states Il
privileged to participate in the repa-
ration commission, according TO tne
terms of part eight of that treaty, and
in any other commission established
under the treaty COT Versailles). OF
any agreement supplemental thereto
the United States is not bound te
participate in any such commlssior
unless it shall elect to do SO.
The above provisions make 1T clear
that the United States isn't bound
nv the covenant unless it gives It's
consent. The council Of the league OF
nations operates any way under rnies
ranuirine unanimous agreement. sc
America could not be bound anyway
unless she gave her consent. But tne
nhrase unless the United States
shall expressly give its consent tt
such action" significantly omits reier'
ence to Congress, as was INSISTED uPor
so specifically in the Lodge reserva.
lions And the words United States
tave always been interpreted to NEAR
the President or Secretary of state
unless a treaty were being negotiated
Chair Remains Vacant.
The sieuatories of the original Yer.
sailles pact designated the Cnitee
States as a charter member OF the
conncil of the league of nations. The
chair has remained vacant. Americs
can send her official or unofficial rep
resentative to attend council meetings
any time she wishes to do SO. Iht
Sanate could interpose no objection
for after all the powers Of the exc
cutiye to commit the United States tt
the use of military or naval forces art
limited by the Constitution. On tht
! other hand. in view OF the asLcale