Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-07-28
Pact Proclamation Epochal

The debate on this point in the jap
| anese press, and more especially IN the
technical journals of international law,
makes strange but interesting reading.
University professors explored the mean
| ing of the English phrase lin the name
of from Shakespeare to the Treaty of
Versailles. They pointed out that al
though originally it meant acting as a
mere representative or agent OF a high
authority, 1t had become colorless IN
course of time and now Is employed
merely as proportional phrase. I'm
the name of the people" might mean
nothing more than "for the people" and
to carry with it no implication whatever
that the Emperor was merely an agent
of the Japanese nation.
But these more or less convincing
arguments might not have solved the
problem for the conservative elder
statesmen of Japan If it had not been
for fact which Is little known except
among international lawyers-namely,
that the actual formula of ratification
differs in different countries. There is
, no one accepted formula for ratifying
treaties. Even in case Of the Kellogg
pact the formula used by Great Britain
is absolutely different from that used by
France or Germany, and the model
supplied by Spain and Portugal differs
from that of any of the other Euro
pean signatories.
Agree to Garry 1t Out.
The presidents of Germany and
France simply state that they have seen
the wording of the treaty which their
plenipotentiaries signed and they accept
| it and promise to carry it out. The
British sovereign has signed a fuller
| formula, which runs that I'VE will sim
cerely and faithfully perform and OBJ
serve all and singular the things which
are contained and expressed in the
treaty aforesaid and that we will never
suffer the same to be violated by any
one or tranSgreSsed in any manner so
| far as 1t lies in our power
| This last phrase. it should be said in
passing, has strange ring, coming as
it does from the government which has
| been almost as reluctant as the United
States to bind itself to enforce peace"
The doubter who sees in the Kellogg
pact only a faint shadow of a moral
sentiment might we'll ponder these
words, repeated in each act of ratif1ca-
ton of the .self-governing dominions.
But the Spanish model is still more
Alfonso quotes an edict of his own in
which he interp-ets the treaty as liz
harmony with the fundamental prin-
ciples of Spanish history.
Now, all that it was necessary for
Japan to do was to use some such
variant form as would reassert the En-
peror's power to sign acting in his own
name and by his own proper authority
Strangely enough. this was the formula
used by President Wilson in signing the
treaty of Versailles, so that a precedent
existed in American history for for
mula that would preserve the Emperor S
prerogative beyond any question.
AS the document of ratification was
the only one which the Emperor would
sign, it was clear therefore that a way
might be found to ratify according to
the constitutional practice of Japan
which would not raise the domestic
question and at the same time would
raise no international problem because
the commitment of the treaty remained
untouched. 1t did not matter exactly
what the final formula would be so long
as it met the internal situation in Japan
and did not express any reservation to
the treaty.
When finally the japanese problem
had been solved Washington was ready
for the final act. which took place in
the White House on Wednesday last,
and President Hoover. having pro-
claimed the Kellogg pact in force. can
now proceed with those policies which
| he has been maturing to give it vitality.