The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-04-18

Contest
Revived
By DAVID LAwREFcB
(Copyrt.ht ~ The fntelliScncer>

Washington. April l7.--Can Cn'tca
States senator commupicate win Il LUZ
cisn government direct aud without re-
sort 10 the usual channels or diplomacl
through the president and secretaf! o'
state" ~ tlcd
ar,irst Senator Joseph France. OF MARY
land, for dotnS SO on the ground tnaS
he has violated a statute as ainSLeu. a.
1859. The case has many lnterssN,hn m : :
angles 10 IL and turns larEely upon TUG
mcaninS OF th~ words United StatCS
government" That's 4 historic cehtto-
TerSy. Does the "Sovcrnment ue@..
cnly tho president and his caolnet o.
does il include tho United states senate
The act of 1889 declares no citizen Snai.
communicate with foreign SoNernthe'IS
without tho permission or the lhlIeo
States government. ,ro
Secretary Hughes contends that Sne
words United States government mean
what the constitution says they n'eau.
In other words wherever the words arc
applied 20 something which tnG e9nS',-
,ltion SAYS the executive shall 90;
Tcans the executive. When II apples
to the making Z: treaties II me|ns '''
executive plus the senate and so on
Procedents Cited
Men Ike Senator RrandcGee argue anu
have argucd that the senate anu tut
house should have more to say aooue
foreign policy since tne 81, J%"IC' - make
var on a foreign country; AGAIN Siu i,.
again In recent years ana partlSu .ai :; =,
since the armistice OF 1918. meuiocIs -
the United States senate nave usSu -.
communication with the representatives.
81 foreign governments but no one mas
vcntured TO say that the act or 'e. WaS
being Siolated-at least no one M w w
government itself though ;nsF, ,hc ,t,'S n0int'
Here are several OF the instances whict'
haze marked a precedent Tor cothfnuni-
eating with foreign governments
The American senate adopted ,"Jon,
robin resolution notifying al lore!S. Il
governments that II the covenant ot me
fsaTue OF nations were made part OF tne
treaty OF Versailles which Was not VA
rounpleted at the time. the treaty Sou.n
not be ratified. This action was re, re-
,eiyed by friends OF the executive as
an unvarranted Intervention In a neSo
riation being conducted by the ehecus.se
but senators contsnded tney wets ts ,nncb
ly saving EuroYean SovernrSsnts nue. S
lime by telling them somethins III
yanc. Of the treatys submission 70 the
senate. The Genoa conference S,,a,e !ixe s1e
Versailles conference VII IN meESeIace ronce
inJiyidnally has notified foreign gov
ernments Of his intention 10 press .os
,hc passage OF resolution urS!ns u "
American executive 10 parttS.ps,isc Hc
%S,'t saw the executive would parpGl.
Hstn He acknowledged that the rignt
Tas constitutionally in the HANGS OF .no
president and that sS 1Ss9ruofb sa beprul trT to 70
the cause be was adVccatios
Tho Difference
Many American senator's have IN IN"
past communicated TO torcien Eone!u
ments suggestions which IN tnsir
rncnt would be helpful in making Tor
he,ter understanding between govern
nents. The difference between senate,
frances communication and Sonlr ~ ~.
the others which have been mace ora..S
roons is that Senator France trankly
80 his message to the puohc. Inere
vas no clandeStinc attempt 70 LnteIte.e
with the course OF the Hner,C"u go
ernmcnt but q puol!c etAo'N "
modification.
IN r,any an occasion the Ambassadors
~ Erance and Great Britain have oeen
~ conference with senators. livery oooy
n washington knows mat ,;ns Sm fn"th IL The
SaIi Of 1919 talking with American senI.
,ors about the treaty situation. 1l
ynuld have been proper Tor Pres!oenS
wilson to object 70 to.e,sn, ss,,sirs sIrs''en Snt
5nre All the communication was cral
h. tnstesd Of written. no basis Tor suSn an
acfion by the executive was aVailaote'
n was admitted at the time ho~sncr; Tst,od T;
Ststss senator from discussing anything
be rleased with a representative OF a
Se,,Srn government. so lonS as no com
ItmentS were made on behalf ot the
sIecutive without his permission or
authority. 49, l., ,-,,,ts
sornunIcation Tith statesmen aoroan
SVscnssinc pen1ing policies. Senators
h,ys Felt that they were AS much mem
Ssrs ~ the United States Government as
~. nyesidcrt or secretary OF state and
~, since the senate had A right 70
go mon all treaties and agreements
sonnrnittfnS tho United States TO spectre
sSiIrations they had a right to intosn
,Ssmselve. independently OF the cnie'
.nSei.ive and his amhassadorial repre-
sentatves. eo,...- E-s,ce
viii cause the lawyers At the dep2rs .
80, of Justice 4 little moro work ou I
rsey cannot prosecute him without
st.r.,,r serious fight with ire senate
%Ssrr nrcroSat'vcs are jealousy guard :
"A krv ono who attempts 70 interpret
Nv e1istinc statute as muzzilng
United states senator whether he wants
- wrIte. talk. telegraph or Caelc 20
.rxSodv under the sur has lob on MS
hands-and a futile one a: tnaI'
- n.~Sa.