The New York herald., 1922-03-26
HEAT SHOWN IN DEBATE
Supplemental Compact Ex'
cluding Japan's Mainland
Now Up in Chamber.

form. An attack led by Senator
Hitchcock (Neb), ranking Democratic
member of the Foreign Relations Com
mittee was centered upon the declara-
ton of intention and meaning which
is attached to the treaty, upon which
no action was taken yesterday.
The assertion was made by Senator
Hitchcock that failure to ratify the
declaration attached to the treaty null
lifted the ratification Of yesterday and
made it necessary to take new action
upon the entire compact.
This was not regarded seriously by
\ the Republican majority or by the
Democratic treaty supporters. but In
order to clarity the situation 1t prob
ably will be necessary to introduce a
separate resolution for the ratification
of the declaration. This resolution
Senator Lodge was preparing to-day
10 be introduced Monday.
Text OF Declaration.
1t appears the declaration concerning
the meaning and scope OF the treaty
was drawn up before the treaty itself
was signed. The declaration was signed
by the delegates TO the conference be-
cause. as Senator Lodge explained. there
was no other way for them to sign.
This declaration concerning the treaty
| reads:
In signing the treaty. this day,
between the United States OF Amer
lea. the British Empire. France and
japan 1t is declared to be the under
standing and intent Of the sisnatory
| Powers:
l. That the treaty shall apply to
the inundated islands in the Pacific
Ocean: provided. however, that the
making of the treaty shall not be
deemed to be an assent on the part
Of the United States of America to
the mandates and shall not preclude
agreements between the United
States Of America and the man
datory Powers respectively In re-
lation thereto.
3. That the controversies to which
the second paragraph of Article
refers shall not be taken to embrace
questions which according to prin-
ciples of international law lie ex-
clusively within the domestic juris-
diction of the respective powers.
This Interpretation was adopted to
safeguard the position the United States
had taken relative to the island of Yap
| in the controversy over the island with
| japan and to make II clear that such
domestic questions as the immigration
problem Of California or OF Australia
shall not come within the purview OF
the treaty.
Lodge objected to Discussion.
Attention was called to this declara-
tory statement yesterday by Senator
Hitchcock. but Senator Lodge inter-
posed an objection to its discussion on
the ground that the unanimous consent
agreement TO vote on the treaty with
out discussion prccluded consideration
of this declaration.
In answer to n question by Senator
Hitchcock Senator Lodge to-day in
sisted the declaration is not part of the
treaty and therefore the resolution OF
ratification had nothing to do with It.
The reply of Senator Hitchcock was
that the declaration. signed on the same
day. by the same delegates and In rela-
ton to the treaty, became part of IL.
Accordingly he asserted, failure TO rat
ify il nullified the resolution Of ratifi-
cation of the entire treaty.
You might take UP that point with
the Supreme Court" Senator Lodge re-
torted, "and see how far you get with
It,"
Senator Lenrott Cwis.) interrupted
Senator Hitchcock with the suggestion
that If the declaration is part of the
treaty, which had been ratified, then
the declaration itself had been ratified.
Appeals to Lawyers.
"The Senator from Nebraska" he
said. lis not a lawyer, but / appeal 10
the able lawyers on his side to set him
right. II the treaty we're to be consid-
cred by the Supreme Court that body
would not go into the parliamentary
proceedings which preceded ratification
They would look only at the last act OF
the Senate. which Is the resolution ei
ratification"
But" lnterposed Senator Hitchcock
"the rules OF the Senate prescribe that
a treaty must be read, and this was not
read to the Senate: the only thing that
was before the Senate was the treaty H.
self"
Even So" replied Senator Lenroot
"the only question involved is whether
the constitutional provisions relative e
ratification were adhered to. The sig.
nature Of the officers OF the Senate tc
the resolution OF ratification will show
this was done. There is nothing in tho
provision to prevent the Senate from
violating its own rules II Il wishes to.
Senator Lenroot was not taking thu
position that the declaration f. n part oi
the treaty His purpose was TO demon.
strate that II. as Senator IIltchcocl
said, Il was part OF the treaty ther
ratification had been accomplished.
The debate developed some feeling be.
tween Senators Lodge and Hitchcock
during which Senator Lodge asked Sen
ator Hitchcock not TO shout at him.
Senator Pittman tryev.) went further
than Senator Hitchcock and said tha
: since the Senate Is organized under Tn,
Constitution a violation OF It's rules wa,
violation OF the Constitution.
Senator Lodge explained that he dic
not think the matter amounted 20 {
great deal but was prepared to submit
resolution OF ratification OF the decla
ration Of intent, citing instances wher,
I treaties had been ratified without tn,
ratification of the declaratory intention
while others recsived contrary treat.
p,art