Evening star., 1950-01-10

luSCOu ATCQ WOulQ become m10uSCule, IN
fact, puny in comparison.
Is 1t too late to appeal to New Yorkers OF
means to club together to take over this
property and to build further north half
block away from the corner Of Fifth avenue
and the square an apartment house reach
in Eighth street, and along that street for
some $50 feet, including with 1t the prop
erty now occupied by the Whitney Museum?
This is a substantial property which should
pay q reasonable interest on the investment.
Such an apartment building would be as
sured of a permanent south view over the
park and the Rhinelander houses on Wash
ington Square would remain at their pres
ent height forever.
We repeat that the implications of this
tall building on Washington Square and
Fifth avenue are uglier than people in New
York may realize and we pray that some one
will come forward at this last moment to
save that part of the square. built when New
York was at its best, and the only thing of
its kind left in America.
U. S. GRANT, III.
President National Council for Historic
Sites and Buildings.
Agrees That U. N. Anti Franco Resolution
No Longer Is Valid
To the Editor Of The Star:
Your editorial 1.-The Spanish Fraud" ap-
proaches the question OF our duties with
regard to Spain in their true light and con-
firms the statement of the chairman OF the
Senate Foreign Relations Committee, SEN
ator Connally to the effect that no resolu-
ton Of the United Nations binds us to cur
tail our diplomatic relations with Spain
With your leave I would like to develop
this. In 1916 recommendation was passed
under Soviet pressure restricting diplomatic
relations with Spain and recalling all chiefs
of-mission from Madrid. But in 1947 the
same resolution was submitted again to the
U. N. General Assembly. It was not ap-
proved because it did not get the necessary
two-thirds majority. It is apparent that
from that moment the original resolution
is not valid; but the representative from
Soviet Poland. disregarding this fact i'm
mediately stated that the 1947 resolution
was not valid. Why? Nobody knows If
the 1946 resolution was to be permanent,
there was no need for it's being considered
again. but, If considered, as did happen,
the result had to be binding. Or was it to
be privileged resolution according to which.
no matter what the final result, it was to
continue in force? Why vote in that case?
Vote Seen As Valid.
Some assert that 1t was only a negative
vote. But is not q negative vote valid?
II in our courts jury is asked if the ac-
cused is guilty and it answers that he is
not. the accused is free man even if the
jury did not pass an affirmative vote as
to the accused's innocence. The words OF
acquittal are mot guilty; the man is re-
leased on negative vote Of the jury It
is universally used form of parliamentary
and legal procedure.
With view to clearing up any doubts
that might have existed in the minds OF
the respective governments, new resolu-
ton favorable to Spain was presented to
the assembly-and this you mention in your
editorial-by Brazil in 1949. This resolution
did not get the required two-thirds ma
Jor1ty. In his speech to the general as
sembly DR.. Arce stated that he would vote
for the resolution although he thought it
unnecessary as the Argentine considered
that the 1946 resolution had been rescinded.
All those nations which voted in favor of
the resolution believed the same and con-
sldered 1t mere symbolic act which, as
you state, obtained 26 to is majority. It
is not Illogical to suppose that some coun-
tries, such as Chile, China and Haiti, might
have cast their votes in favor of the resolu-
tion If the United States had done likewise.
Moreover, OF the Is votes against two
those OF Australia and New Zealand-today
would be either abstentions or favorable as
result OF the recent elections in those
countries. Without those two votes opposed
the resolution would have been successful,
Margin Was Narrow.
AS point of fact the Brazilian effort
failed. not by margin of four votes as
you say in your editorial. for as the number
OF votes cast. according to the Rules Of
Procedure Of the General Assembly Nos. rs
and 78, was Al (26 in favor, Is against)
and since two-thirds Of Il is 27.33 the
margin really was only 1888
But the Assembly dealt again with Spain
after the defeat Of the Brazilian proposal.
A Soviet-inspired Polish proposal was con-
sidered and can be taken as the U. MS
final word in the matter As various ma
tions considered the 1916 resolution an
nulled by that Of 1s47 and had appointed
ambassadors to Madrid, Poland attempted
to have vote Of censure passed against
them for it considered" that their action
constituted hagrant violation of the high
principles and purposes of the United Ma
tions, undermined international confidence.
and will convince the Spanish people that
It has been abandoned by the United
Nations"
The Polish proposal was defeated 3s to 6.
with II abstentions Thus it clearly was
established that the May 16, 1916 recon-
mendation no longer was In force and that
the member nations were free to resume
full diplomatic relations with Spain with
out transgressing any limits set up by the
U. N. There can be no legal quibbling in
this respect and Senator Connally was fol-
lowing strict Interpretation of the case
when he stated that he did not regard the
1946 resolution as binding on this country.
WILLIAM j. BYRNE.
Says Ascension st. Agnes Parish
Practices No Racial Discrimination
To the Editor Of The star
In reply to letter signed John c. Rogers
(January 81. would like to defend my Epis-
copal parish against charges Of breeding ra-