Show SUTHERlAND IS FOR ARBITRATION Utah Senator in Favor of Ratification Ratification Ratification Rat Rat- of Treaties Without Change MARK LONG STEP FORWARD Contention That Treaty Pow Pow- cr er of Senate Is Delegated Shown to Be Unfounded Special to lo The Herald Nov C. C Senator a Washington D D. C. C r Sutherland a member of the Senate enate committee on foreign relations has Riven g out a slat statement ment in 1 favor rasor of the a ratification of or tho thu arbitration tre treaties treatIe s a with Great Britain and aud France which I arc being pressed b by President Taft lIe sas sa's I I 1 favor thu tho ratification b by tho the Senate Senate Senate Sen Sen- ate of the tho general arbitration treaties I with Great Britain and Franco France without an any change In the proposed l d text text- I I 1 am unable to agree with the Contention contention con Con- that the provision plo In articleS article E S that In case caso of oZ disagreement between between bot be be- bo- bo t tween the tho parties a a. submission of or the question to a I. I commission of ot Inquiry whether a difference Is subject to ar arbitration arbitration ar- ar under r article 1 I I 1 e. e ef i Is Justifiable Jus jus- tillable In character by rea reasons of being susceptible of decision b by the application of principles of law and equity will iiI constitute a n delegation of or orthe the treaty making power of tho the Sena Sen Sen- a ate I e Is Is' delegation Such provision not a gatlon of or the power po to participate In the making of or a treat treaty but only of oC a 3 power to say whether or not the facts of tho the given ca case o fall tall within the rule laid down b by a 3 a. a treat treaty already made with tho the advice anil antl consent of ot the tho Senate This Is no more more morea a delegation ot or off the treat treat treat-m treaty m power than Is tho th auth authority conferred upon the Interstate Interstate Inter Inter- state comm commerce commission to deter determine deter deter- mine whether transportation charges e exacted b by a railway company fall within the statutory rule that all nt n f ia ti i 11 I. I hI f 1 tf A tl H ft fi Sin TI HOR non non- discriminative I e ea a dc delegation ga e-ga- of the or the law law- lawmaking m making pow power r i What In Io no 0 Congress ma- ma may manot not delegate delegato the thc I power to make male a l law aw but may make a taw law aw which confers a power to do- do termine whether a n. given state of ot 1 things falls fall within the tho operation of th the law So tho the Senate may not delegate dele dele- gate its constitutional power to particIpate par- par participate Jn th the making of ot a I. I treaty but buL hu ma may ll advise I e and consent to the making of a treat treaty which h con confers the tho power to determine h whether ther a given ghen it te of things thing's falls rails within tho the operating oper oper- provisions of Cr the treat treaty It Is the latter and not the former of these alternatives which in my Judgment th the provision plo in question effectuates Neither can I agree with tho the contention con con- that this provision Is unwise or 01 attended with any circumstances cIrcumstances' of oC peril DerIl In view of tho the fact tact that the p per per- r- r nel ot of the joint high bight commission is 19 sufficiently J under our control to practically practically guarantee a fair decision or rather to prevent an unfair decision and In view of the further fact that th special agreement providing pro for the tribunal defining the scope of or the powers of ot the arbitrators the questions ques Hons at issue tho the terms of ot reference and tho the which must be made In all aU cases ses is subject finally to the th a advice alce and eon consent sent of oC the Sen- Sen ate ato 3 While I do not think that ques ques- concerning the Monroe doctrine tort or r any any purely purel governmental o policy filCh as the exclusion or admission of aliens arc within the terms particle 1 Sun still r I should have no th n to putting the tho matter beyond a all doubt b by In the resolution or of ratification a clause declaring that tho the Senate advises and consent t t- t the ratification with the I that th t such questions are not included within t the meaning of or the treat treaty Jon Long St lt I the general scope and and purpose pur- pur pose of these arbitration treaties I 1 Iam Iam am In most hearty sympathy and acord ac- ac cord rord They rhey make a Ion long I step forward In n tho ho direction of International international peace The claim that th the treaties may Involve the submission to i arbitration of or questions Involving th the national honor does not appeal very e stron strongly I to m my mind and yet ct T r I think I T am as patriotic and as jealous jealous' of oC th the national honor r as anyone anone r a a Whenever th the question is s presented In iii Its Ils sharp shull form torm to any courageous courage courage- ous otis oUs anu patriotic man his first t impulse im am- that v rca ven- n- n pulse p is as always ahva's to demand shall swiftly follow an nn af- af or nat ho hu thinks an affront to the This feeling Is h natural and manly but after cr all nIl honor is a n. very as w well ll as 1 m n Ii much abused term terna a definition or ot which often otten depends upon the thu point of ot view and tho thu meaning and application tl c cation n of which is t or narrOwed nar- nar rOwed b by temperamental or racial dlf- dlf or by lay the Influences o of the tho moment History discloses many cases heat of or where ono one nation In the thO first resentment has regarded Its Us honor as having been assailed b by tho the action of another nation but has concluded after atter a a. period of or reflection that tho the national honor was W not involved ol These treaties afford this period of ie reflection Cl It Is true there mn may occasionally that extreme extremo case when tho time at aC- aC front to the national hondr 0 will b be beso beso so grave O that the time Indignation of ot th time tho people will sweep aside every artificial l restraint that stands in time tile WR Wa way or Of a nn an appeal to time the final and anti dreadful arbitration arbi- arbi of war but the time tendency o ot of these treaties will be bo to render sue such occasions less and less frequent Th The duello dueno as a n means o of redressing rate yato grievances is no longor longer able among self people Some Som Someday da day we shall recognize the folly an and wickedness of two nations engaging In n the mutual slaughter of or their re re- re citizens as a n means of or re redressing redressing re- re dressing public grievances cs |