Show i L Le e of N o e r t Covenant Is Called The Puzzle For Hier Jurist Declares Tre aty Blud Binding d Contract Cites Documents Document's s 's Ironclad ad aci Legal gal Nature rl 11 i 1 roNn g Defense j L P By Leon F. F Moss 4 Vernier Judge of or the t Superior Court Ios Io Count County v v tr r OS as ANGELES A Sept In 6 6 In a n pam pam- L Los tho covenant co of oC phiet concerning ft the ilia he league 0 0 of ot r nations nl lately tel pu published I b by ex Senator ex-Senator Frank crank P. P Fl Flint Filet rt writer welter rc- rc the including and others to article 26 6 it Is Js said aid K 3 strUt strUt- article presents a The above e of or the dangerous I I In n g example contained in inI uncertainties cc UI s 's and world conI con- con involved In f this mar elouS marvelously I will pret pre pre- If Ir adopted which hi h t tion International nit for solution lut o by tho ourt urt to be created thereby the prize i puzzle of oC the ages gs well havo been a added ded that d gig S It We the it covenant cO Is s adopted this prize t 1 puzzle will ill al also o undoubtedly b be pro pre Ii to the court for Cor solution tion litigation l The necessity for tor future I b foro either cither of ot these august als for or the determination of or controversies controversies contro contro- tho the construction of or orthe fals Involving In I the the league covenant covent it is claimed has been absolutely obviated ob by the thell ll 1 flat of oC our great reat President who has f forward and authoritatively tl t h sot sot- tied 4 in advance ld all otherwise e debatable questions which might arise concerning concern concern- tIng ing fn it IS This proposition Is set forth suc suc- su succinctly t and with great clarity b by aLos aLos a n. Los Angeles nc morning newspaper In summing summing- up tip tho the Presidents President's statements to to the ho Senate committee as follows J Nearly the tho whole of or tho the obligations of or of the covenant co are arc moral and not legal illegal ones 1 1 In the same editorial quoting from President Wilsons Wilson's statement before the Senate enate committee it is said I t t The United States will Indeed undertake un- un under article X N to respect I tand and preserve preseT as against external agI aggression ag ag- I the territorial Inte integrity and Resisting political independence of oC all members of or tho the league and that engagement en- en constitutes a 1 grave grav and sol sol- sol sol-I i c moral obligation But it is amoral a moral and not a legal leSal obligation and I leaves our Congress s absolutely free Creo freeto to ut Its own interpretation upon It in ingall gall fall cases that call for action It Is isn n binding In conscience only not In Inlaw I fiat law j 1 It should be observed that th there Is I pot not one word concerning moral Amoral moral obI ob- ob I I in tho the treaty constituting the league of or nations covenant co J. J On the contrary the treat treaty after enumerating numerating the parties thereto and md their representatives Including Including- the President of the United States of at America Americ Am eriCh t by the Honorable Woodrow Wilson President of or the United States acting in his own name and b by his own proper proper authority says sas tl lIt Who having ha communicated their y full lull found in good and due form torm have agreed as follows i Then The follows the treaty e cr every part of which Is 15 Included under the title The Covenant Co of or the League of oC Na- Na a- a tion which begins as follows ft J The Tho high contracting parties jJ J In order to promote international operation co operation co-operation and antI to achieve peace and security by the acceptance ac- ac of ot obligations not to resort to t war by the prescription of oC open just Mist and honorable relations between nations b by the firm establishment of oC the understanding of or international law v. v f as the actual rule of oC conduct I ong governments and b by the main main- cnance of justice and a n scrupulous 1 re respect re- re for all treaty obligations in the tho dealings c s of oC organized ed peoples with one another Agree to this covenant oO of or the league of or nations A t I. I nl Contract in this marvelous JUar document docu docu- ment ent is there ono word to Indicate that It Is other than a binding contract In all Us Its parts between tho the powers signatory sig- sig thereto and antI that it establishes t the c J law w by which all are arc absolutely bound f r rIt It should be bc observed cd that th treaties of ot the United 1 States Stales with foreign n others are arc entered Into b by the b by and with tho the a advice and of or the Senate an and that when so o executed the they arc are under tho the ex ex- ex press r ress ss provisions pro of oC our constitution the the supreme 6 law of of the land and th the lodges In c e cry ery state shall bo be bound thereby hereby anything In the Constitution I I I or laws of or any state slate to the contrary l I notwithstanding I It la 13 valid s indisputable that cr c every I treat treaty entered into under our Constitution Constitution is not merel merely a law In but is the supreme law of oC tho ho land Beyond doubt therefore therdore tho ho covenant covenant coven on ant purports on Its face and is intended In Intended Intended In- In tended to establish binding legal obligations obligations ob ob- between tho parties p thereto Upon what theo theory then has our distinguished President determined and given ghen his hla positive o assurance to tho the Senate and the tho people of oC tho the United States that nearly all of ot tho the obligations obligations obligations obliga obliga- which will be bo assumed b by the tho United States of or America upon thu tho ratification of oC this treaty are arc not le- le le legal legal gal sal obligations but on the contrary aro are mere moral obligations obligations' It Is clear that there can be but ono one Intelligent answer to this question That l If tho the treat treaty be bo ratified tho the thor President of or the United States and the r Senate will have o undertaken thereby b to transfer to alien legislative executive the tive and judicial bodies man many of or the I sovereign so powers of ot this republic such as the tho declaration and conduct of or war warthe the maintenance sand antI and training of or our arm army and na navy naU U the e admission of oC aliens to our O country and to our cHIlen citizenship the construction to be bo placed upon tho the Constitution of or the United States and other matters vital to tho the life lIro of or this I j republic and antI thereby have havo not bound this nation nallon b by their act because notwithstanding notwithstanding notwithstanding not not- I withstanding the express provisions pro of C the Constitution of ot tho the United States above abo quoted that all treaties made mado I under tho the authority of ot tho ho United States shall be the tho supreme lawI law law- of oC the tho lan land tho the provisions plo of or the tho covenant covenant cov cov- of or the league of at nations above e abovementioned abovementioned mentioned are aro so o absolutely subversive of oC our constitutional system that they I must be deemed null and void and consequently of oC no legal binding bInding- force whatever e It Is clear therefore that our PresIdent President President Pres Pres- ident has attempted to adjudicate in advance b by his own on-n flat the unconstitutionally of oC this wonderful In law of oC which he has be been on one of ot the framers and the most active advocate ocate and that he now comes b before Coro the tho American people an and anal tells them and md their representatives rep rep- that this law cannot be bo harmful if Ir It Is adopted because of Its In invalidity The question then naturally arises why adopt this covenant at all 1111 If Ir It Imposes no legal obligation atlon upon tho the United States of America Tho The President dent says with great grent eagerness and earnestness that we e must adopt It H because It imposes tremendous moral obligations upon us which It Jt is to be presumed because of oC tho the undoubted legal obligations imposed by the covenant covenant cov cov- upon all other governments go signatory sig sl- signatory thereto would give gl us an Immense Im Int- menso mense ad advantage o We would not be legally aU bound all the other countries coun coun- tries would be legally bound and It would seem that we vc intend it to be Heads wo we win In tails you OU lore Oc A t Solemn nur Duty Consider er for a moment the following follow follow- ing questions Question addressed to tho the President President dent and his answers thereto during his conference with the Senate committee committee committee com com- Senator I Knox Knox nox Suppose that It Is accepted that there is an external aggression ag ng- against some somo power and that It cannot be repelled except b by force of or arms would we wc be under any legal obligation to participate The President President-No President No o. o sir air but we wo should be bo under an absolutely compelling compelling compelling com com- moral obligation atlon Senator Hardin Harding If tr there Is nothing nothIng noth noth- ing more than a moral obligation on the part of oC an any member of or the league lens what a avails articles X N and XI NI nt alt It should be noted that President Wilsons Wilson's proposition as to the tho league ob obligations being moral and not le Ie I Sal gal applies to the tho obligations of or the United States only The President Wh Why senator it Is surprising that that question should be asked I if wo und undertake an obligation obliga obliga- tion wo We are arc bound In the tho most solemn wa way to carr carry It H out out Senator Harding Suppose Suppose something something some some- thing arises arIse's affecting the peace of or the world every cry nation In tho the league takes advantage ad of tho the construction of ot the league you rou place upon these articles an and says Well en this is only a a. moral obligation and wo we assume that tho the nation Involved ol docs does not o our participation or protection and the whole thing thins amounts to nothing but an nit expression of or the league CouncIL Tho The President When Whon I j speak of or a legal obligation I 1 mean one that specifically binds you JO to do a particular art thing under certain sanctions That is a a. legal obligation Now ow a moral obligation obI ob- ob I Is Is of or course I superior to a le leI legal le- le gal hal obligation and If IC I may say Eny ao so O I I has a greater tor bind binding I n- n norce force orce I From rom tho the foregoing replies given Jhon b by I the President of oC the United States State It Il Is la t very cry cry clear that in claiming this so- so o. o called moral obligation ho h has u entirely en entirely en- en forgotten that ours Is a a. representative o government O of oC powers pOv lim Ilm- limited I by the express provisions pro of ot tho the Constitution of the lie United States and that the representatives of the people of oC the United States under our written writ writ- written ten constitution ha hate ha c no power whatever whatever what what- ever cr to lo hind this nation except as 36 Is 3 proscribed d b by that great Instrument When hen tho the President or the Conr Congress ss of ot tho the United States StatcH attempts to act without tho the express authority conferred confer confer- r red b by the hc Constitution their acts are arc I absolutely illegal and are aro not binding bindles bind bind- In les ing In Iti an any morally or otherwise otherwise other other- I wise upon the people of at tho ho United States Tho The President and the tho Con Congress artho of ar I tho the United States hold a n written power I of attorney namely tho ho Constitution of or tho the United States under which they I tare arc authorized to act for Cor and ant bind thU I nation nallon If It their acts nets ar are not In accordance accordance ac IU with or In n contravention of ot otI I tho o constitutional provisions pro 1 thc they have hac not only failed to bind the tho people I j I I of or the tho United States 1 legally but th they thoy y ha have imposed no moral obligation whatever upon them On the tho subject of ot our Constitution and o of Illegal nl acts of ot public officials Woodrow Wilson in hart hi great work Constitutional Government GO in the th d United States referring to alleged unconstitutional acts nets by hy a President oi ot tho the United States Slates says Kays No o serious student of ot our history can righteously righteous condone what ho he dill did didIn dillIn In such matters on the cr ground und that his hla Intentions were ro ul upright rl ht and antI his hla principles pure But Dut the tho Constitution of or tho ho United la is not a mere rJ lawyers lawyer's document it Il Is a n vehicle of or life and its spirit Is always the tho spirit o of tho the age Its prescriptions aro arc clear and wo we know what they are ore a written written written writ writ- ten document makes lawyers of or UK Uti all aU and our duty as 18 citizens should wake make I ua us conscientious lawyers rs reading the I I It t text of oC the Constitution without subtlety subtlety sub sub- sull-I sull and antI sophistry In England as In America America America Amer Amer- ica an nn officer of or the tho law ceases to Lean be Le bean bean an officer of or tho the law when ho he acts In iii excess of oC his authority The theory o of our law lawIs Is 15 that an officer la is an officer only so gO lon long as ho acts within his powers that when he ho transcends his hils authority he c ceases to bo be an officer r and I Is b only a private Individual subject to bo be l sued and punished for his offense II Advance cl zOur President ha has haH undertaken to adjudicate to In n advance Ii by hy his Individual Individual ual fiat Int the construction of or all th the th I I mo most t Important provisions of oC tho ho covenant covenant cov cov- of or tb the lea league of or nations nation Never t I I before in the tho history of oC this country has hall a lawmaker socking seeking to have havo a n law enacted claimed In advance ance that its provisions pro would not be be- be tho thu law Jaw would be invalid If it passed parsed by tho the legislative bo body y having ha It under consideration Upon what theory do th the Presidents President's supporters as assume ume with such absolute certainly and finality that hl hla hie Judg JudS Judgment ment in III advance as to tho the invalidity pC o ot tho the covenant co would bo be affirmed h when m these thelle very questions como come before tho the international tribunal to bo be bee boc e c established for tho the determination I thereof i How his it been ascertained that this I judgment b by President Wilson ilson will hereafter bo affirmed by the tho ho supreme Court ourt of or the United States I If brae great tribunals do cia not n agree reo In their judgments jud which will prevail Would It not properly re require rc- rc quire a n world war to answer this question I It should b be ob observed er ed that the tho United I States II Is tho the only power signatory I to toI I the treaty treat having ha a written tu lion under which the tho league provisions provisions pro pro- visions have ha no legal binding force orce If H this treaty aJl bo be ratified b by the British empire and Its six great do- do pen who are aro signatories thereof there there- of or b by tho the empire of or Japan b by the tho French republic the tho kingdom of or Italy and the numerous lhor 1 powers which have e already signed rt it or are aro e expected d to sign hn It It I IH is Indubitable that all aU Its obligations will bo be legally legall binding upon up upon upon up- up on those powers and that It will constitute con tho the law of ot those hose various king |