The New York herald., 1922-06-27

Special Gable 10 THE NEw YORK HmALp.
Copyright, Isee. bv THE NEW YosK HERALD
New York Herald Bure.u.l
Dublin, june IS.
Strong opposition to the proposed
Irish constitution is already crystalliz-
ing among members of the pro-treaty
party. and the De Valera following
is endeavoring 70 use this sentiment
as q weapon with which tie Repub-
Leans will be able to beat the treaty
in the new Parliament
Opposition to the constitution among
the supporters of the treaty Is found
in two important sections. First
among the separatists, who think they
can secure full Independence for Ire
land by working through the treaty.
Second, labor, which demands that the
charter of Irish liberty contain 0nple
provisions favorable to labor legisla-
tion without the danger Of veto by
the English Cabinet.
Probably the majority of the pro
treaty party are separatists. though At
least half of them have enough con-
fidence in Arthur Griffith to follow him
implicitly The labor group also is COM
posed of men believing in separation
who are willing, however, to achieve this
gradually through the treaty and are
willing. therefore, to make allowances
TO avoid an immediate and terrible war
with England.
Five Points of Opposition.
The opposition centers on nve points,
disregarding for the moment the repuhi
lican opposition. which virtually covers
the whole document
Labor, together with a few pro-treaty
members and one important Dali Min
lister, object to the preliminary CLAUSE
providing that any points in the corsti-
tuition and law under the constitution
which is considered repugnant to tho
treaty shall be absolutely void to the
extent of that repugnancy. Labor
maintains that this makes the. treaty
superior to the constitution, asserting
that 1t is intolerable that any treaty
should be superior to the national con.
stitution.
Second comes the clause providing for
an oath of allegiance. Labor and most
OF the separatists are willing to swal-
low this, but they believe that an allow
ance should be made for the republicans
whose scrupies prevent them from taking
1t. so as not to prevent a fairly larg
section of the country from participat-
ing in the national legislature and
giving helpful services to the nation,
Third comes the Governor General for
Ireland. The separatists say that he
will not necessarily be in the limelight
They believe that Governor General
according to constitutional usage
should function in relation to the Irish
Cabinet as the King of England does
in relation to the British Cabinet
namely. as the Cabinets rubber stamp
Tl.ey insist that the present provision
giving the General the powe,
10 withhold his consent to any legisla-
tion until the King has passed on Il
practically means that the test Of Irish
legislation is not to be whether 1t Is
useful to Ireland. but whether II 10 dis.
tasteful to England. thus conflicting
with the clause giving Ireland a status
equal 10 all other members of the Britiai
Commonwealth.
Privy Council Opposed.
Fourth comes the Privy Council. Or
this point labor and separatists agar
unite, The constitution provides thai
any person in Ireland may apply to the
King OF England for special leave to ap.
peal a decision of the Irish Suprems
Court to the English Privy Council. Tn,
separatists say that IL such an appeal Il
necessary an Irish Privy- Council should
be created, because the present provision
negatives Ireland's "cocQual" status
They say also that such a right to ap'
peal existed during Irelands previous
quasi-independence In the eighteenth
century and was used TO destroy Ire.
lands legislative Independence. Labol
objects to setting the courts above the
Irish Legislature. like the American Su.
preme Court, insisting that II will no'
work out we'll in practice. -.
Fifth. labor also objects to having q
Senate. 1t believes that the recall should
be included with tho initiative and refer.
endum. Such points are likely to be set.
tled along non-party lines.
Republicans with Labor Men.
The republicans assert that the frs,
four objections cannot be remedied with.
in the terms of the treaty, because Eng
land imposes her interpretations. Labor
and the separatists, however, insist thai
Ireland also is entitled to interpret 'ths
treaty. and believe that the British Cab.
met forced Griffith and Collins to 40
cept unnecessarily strict interpretations
They believe that such objections woule
operate powerfully TO disrupt the peac,
of Ireland and perpetuate conditions n,