Evening star., 1924-07-09

Marshall ........... =.
votes in the electoral college the
election is thrown into the House of
Representatives. This has happened
Tilden controversy is taken into con-
One party might be re-
pudiatcd at the polls in November.
but still control the House of Rep
reaentatives until the new members
of the successful party took their
seats in March. The advent of
third major political group might
give to the outgoing representa-
tives the opportunity to elect the de-
feated candidate of their own party.
Points to Disadvantages.
He argues that this could not hap
pen if new House of Representa-
tives went into power on January /,
votes and then named as the winner
the candidate receiving the majority
in the electoral college, who would
be inaugurated at once.
The session Of a retiring Congress.
with the administ ration of retiring
Executive, is really powerless to do
more than mark time, or perhaps to
rush through measures that Will be
repealed within a year. Mr.. Davis
said. and cites the recent elections in
Great Britain as illustrating this
point.
In urging codiacation of the fed
eral statutes Mr. Davis points out
that there are two kinds of laws.
conflicts with a treaty, or a treaty
with a law, the later one repeals
the earlier. Treaties are ratified by
a two-thirds vote in the United States
Senate and approved by the Chief
Executive. On the other hand, stat
1a,. hNy a
vote of both branches of Congress and
approved by the President.
Cites Lost Treaties.
He is thoroughly convinced that
treaties should be ratified in the same
way that laws are passed-a majority
vote in both houses. He recalled that
because of the present system a
treaty for the annexation of Texas
was lost in 1874; that the Virgin
Islands were offered to this country
in 1865 for. one-third the price finally
paid: that for twenty years after the
defeat of the treaty of 1883 the fish
cries dispute with Canada was left
to disturb relations, and the treaty
of peace with Spain was carried by
only single vote.
Mr.. Davis calls attention to the
TACT tndt the l"O-lHlIQS
rule was dictated in the constitu-
tional convention not only by the pre-
vailing jealousy of executive power
but also by recollection of the re-
quirement under the Articles of Con-
federation that nine of the thirteen
TO any treaties entered into by the
United States in Congress as
sembled,' a provision which in turn
derived directly from the mutual jeal-
ousy of the colonies.
Would Cut Wastefulness.
The United States has made no
table advance toward financial re-
sponsibility in government through
the establishment of the budget sys-
action of the House in SO reforming
it's rules as to return to a single COM
mittee on appropriations the power
which as result of an old political
dozen different committees. He be-
lieves, however that concentration of
authority and responsibility for in
come sand outlay such as is afforded
by parliamentary system based
upon a responsible minister is still
lacking. Instead of forcing the
President to approve or disapprove
everything an appropriation bill con-
tains, he feels that the President
should be permitted to disapprove
Mr.. Davis feels that there should
be concentrated in the President to
this extent that responsibility, the
wide and impersonal diffusion of
which has done more than any or
all other causes combined to make
a wasteful government, he says.
Favored League of Nations.
The people are entitled to be heard
in the making and amending of con-
stitutional amendments, Mr.. Davis in
sists. He would have ratification of
such amendments submitted to the
to legislatures selected after and not
before the amendment had been pro-
posed.
As a stauch advocate of the league
of nations. Mr.. Davis during the last
presidential campaign made several
the entrance of the United States into
Cooper Union, New York, he said:
ITO my mind, from purely selfish
tance to America and the American
people that they should no longer
wait distantly in the te-chamber
but should sit at the council board"
Says Reason Must Rule.
After his return from London he
told the members of the New York
State Bar Association that discus
sions of the foreign relations of the
United States have not only cut to
the quick in the last three years, but
they also have touched many on the
raw"
Soon or late" he said, passion
and partisanship must have their day.
and realism-the only realism that is
lasting, realism inspired by great
ideals and lofty purposes; realism
resting not alone on finite reason but
also on faith-must come into its
own.
When the hour of calm reflection
strikes who will deny that the place
of America is by the side Of the Per-
manent Court Of International Jue-
tice, to which by example and pre-
cept she has been so great "a con-
tributor? Will not sentiment, rea-
son and self-interest then show the
way to her full participation and