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6
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What is the nature, bearing and va
lidity of the great document which is
now circulating throughout the world?
The printed title is "The Covenant and
Draft of the Constitution of the League
of Nations.” The word "covenant”
apparently applies only to the pre
amble; but the idea of a solemn mu
tual agrefement goes all the way
through. The world, of course, takes
notice of the fact that the paper is as
yet neither a covenant nor a constitu
tion, but a “report,” “a plan for the
league of nations." It is, however, a
report unanimously signed by the rep
resentatives of fourteen nations, upon
whom alone, if adopted by them, the
restrictions and obligations will lie in
the first instance.
These signers are obviously very
unequal in importance and power.
Alongside the five “great powers”—
United States, Great Britain, France,
Italy, Japan—are two potentially great
powers—Brazil and China; five small
and weak powers, every one of them
convulsed and shattered by the war—
Belgium, Greece, Portugal, Rumania
and Serbia; and two—Czecho slovakia
and Poland—which are restorations of
ancient but long submerged nations.
Till further definite action, the doc
ument remains simply a draft submit
ted by a committee for the considera
tion of the peace conference, and
. there subject to debate and amend
ment. When ratified in final form,
either by representatives authorized
so to do by their governments at home
or by the action of the United States
senate for tne united siaies, n win
for the first time become a binding
instrument.
When thus put in force it will be
conditioned by the five purposes of the
combination set forth in the preamble:
International co-operation, interna
tional peace and security, establish
ment of international law, maintenance
of justice and respect for treaty obli
gations.
What the Document Is Not
To many minds the publication is a
great relief, because it reveals the pur
pose to set up an association of na
tions and not a world government.
Whatever the former expectations of
a superstate with a superconstitution,
which should make laws for all the
world, they have gone into the limbo
of out-dreamed dreams. The proposed
scheme involves hardly a change in
the constitutions of any of the na
tions concerned; and makes none in
the text, spirit or practice of the con
stitution of the United States.
1. In the first place, no legislative
power is conferred or expected. The
only approach is the statement (Art.
Ill) that the executive council may
deal with “any matter within the
sphere of action of the league, or af
fecting the peace of the world.” Prom
beginning to end there is no allow
ance, hint or inference of local legis
lation, except the duties (for which
the articles provide no enforcing sanc
tion) of laying boycotts under some
circumstances (Art. XVI.); of follow
ing out the recommendation of the
executive council that troops be pro
•«r4*isx/i in o portnin rnntinp’pnrv (Art
XVI), and of prohibiting private man
ufactures of the material of war.
These are restrictions of a nature
which the United States has through
out our history recognized in treaties,
and particularly in the numerous arbi
tration treaties of recent years.
2. The covenant and constitution
do not establish or require a world
league. As a matter of fact, about
forty recognized nations are not in
cluded. It is made up of the principal
states that have actually joined in the
war against Germany, with the addi
tion of a fragment of the old Austrian
empire and another fragment of the
Russian empire. That is, the organ
ization so far is simply a formulation
of relations which have existed be
tween the military allies, carried for
ward and enlarged to meet the neces
sities of peace.
Of course the league may be en
larged by a two-thirds vote of the na
tion members, with the two very sig
nificant limitations that membership
is limited to "fully self-governing
countries,” and to states “able to give
effective guarantees of sincere inten
tion to observe iynternational obliga
tions.” Doubtless states like Siam, Li
beria and the Latin-American powers
that declared against the common
enemy will be easily received. The
neutral nations of Europe and Latin
America, though they have not been
sharers in the making of the plan, will
presumably be allowed very soon to
enter into an arrangement so obvi
ously desirable for weak and peaceful
states.
3. One great advantage of the whole
i scheme is that it is founded upon the
Inexorable fact that the nations of
the world have not an equal right to
involve their neighbors in war and
bloodshed. The plan interferes in no
wise with the self-determination of
people sufficiently stable and united
to take care of their own internal con
cerns. The articles do not relate to
religion, law, customs, landholding,
economic organization, education, or
any of the functions of government,
except Tor the limitations on irrespon
sible war.
Nevertheless they state clearly the
principle that a small number of the
most populous states of earth, who, in
fact, govern the majority of those hu
man beings who will come within the
league, are to take the lead. Their
united wills must master—not the
other states, not mankind, but the af
fairs of the league. In the executive
council five powers will cast five votes
and the remaining fifty or so states
of the world can cast no more than
four. For the present the four disas
trously allied central powers—Ger
many, the remnant of Austria-Hun
gary, Bulgaria and the fragment of
Turkey—are not represented nor ad
mitted. Even the former ally, Russia,
is outside the combination. Germany
for some time to come will be in the
excluded list of states which are not
“able to give effective guarantees of
sincere intention to observe interna
tional obligations.” The remaining
good great powers, mourning uic unit
ed States, are well protected against
any possible constitutional or moral
coercion by a combination of small
powers.
No Control of Trade
4. The covenant and constitution
carefully avoids international control
of trade and commerce. President
Wilson has even given up his princi
ple of “absolute freedom of navigation
upon the seas alike in peace and in
war,” which was an important spike
In the "fourteen points.” The only
paragraph on that question calls for
‘freedom of transit and equitable
treatment for the commerce of all
states members of the league” (Art.
XXI).
On the question of freedom of the
seas in time of war, the United States
is estopped both by accepting the
practices of other nations and by mak
ing decisions of its own which are in
compatible with the old-time freedom
of neutral trade. In time of peace the
world goes back to the general inter
national common law of seafaring and
commerce and privilege of the poits
None but an expert trouble maker
could discover world control of immi
gration in the phrase, “freedom of
travel and equitable treatment”; for
that is a privoilege now granted by
the United States to all except ene
mies. Any Japanese or Chinese who
is genuinely “traveling,” or engaged
ii^ business, or a student, or a diplo
mat, now has free entrance to the
United States.
No more is comprehended by the
new document. Control over tariffs is
also left completely within the author
ity of each member nation. Nowhere
in the plan is there a suggestion of a
world tariff or of obligatory free trade.
5. The framers of the plan have
shown great wisdom in dealing with
the question of world military force.
The plan for a world police made up
of standing contingents from the va
rious countries, a plan which was ac
tually carried out in the last year and
a half of the war, has been set aoitje
in favor of an elastic and safe method
by which military force is called for
only when all efforts to prevent war
by remonstrance, pressure and a com
mercial boycott have been exhausted.
As a last resort the executive council
(Art. XVI) shall "recommend what
effective military or naval force the
members of the league shall severally
contribute.” This is exactly the
method followed by the nations in the
combined march to Peking in 1900,
and nobody in the United States then
saw any constitutional objection.
6. The new arrangement interferes
with no pre-existing treaties or en
gagements except such as “are in
consistent with the terms thereof.”
The only treaties of the United States
that would seem to be affected (with
the exception of the protectorate trea
ties discussed further on) are the ar
bitration treaties with various nations,
which would become superfluous be
cause the same idea is 'stated in a gen
eral form in the plan. Nor does the
scheme sap the treaty power, save
that in plan and spirit it is hostile to
all leagues, alliances and ententes of
a group of powers—a system which
was so hurtful to the world that the
United States never would enter into
such partial and obviously militaristic
combinations.
Monroe Doctrine Untouched
7. The association of nations does
not conflict with the Monroe doctrine.
So far as the original purpose of the
Monroe doctrine goes—that of pro
tecting weak American powers from
the aggression of European powers—
the league is exactly in the same line,
and furnishes a form of guarantee pre
sumably more acceptable to the Latin1
American powers than the protection
of the United States, which has not
always been entirely considerate. The
modern Monroe doctrine, Roosevelt's
“big stick” idea, is also taken over
by the plan, which carefully provides
a method of dealing with small bel
ligerent and defiant powers by proc
esses short of war. which will prob
ably bring them to terms.
The only limitation on the foreign
policy of the United States is that
the plan would probably put an end
to the advance of the United States
into Latin Amerfca which has resulted
in protectorates over Cuba, Haiti, the
Dominican Republic, the Republic of
Panama, Nicaragua and Honduras.
Those advances, however, are all in
tilt; uimuuuil Ul tfotauiiaiiiiife a
ponderance In the Caribbean; any fur
ther extension there would be unnec
essary if grasping powers like Ger
many were held back by the auto
matic check of the league.
Obligations of United States
On the other hand, the covenant and
constitution clearly includes a series
of duties, obligations and limitations
upon action which might otherwise be
taken by the United States. It is
these paragraphs which have aroused
the thunderers of the capitol, some
of whom would make commercial war
on England and France forthwith un
less those powers meet what those
statesmen have decided to be the
prime necessity of bringing the Ameri
can troops home. Just what are those
obligations, and how far do they re
strict the action of the United States
an<j the American people?
1. Participation in the machinery
of the plan is of course expected. The
United States is in honor bound to
designate members of the body of del
egates, the executive council and the
secretariat; to pay its proportion of
the upkeep of these officials; to take
notice of their action. This is the
same responsibility as that which
rests upon the states of the union to
elect senators, and it has sat very
easy upon them.
2. The United States is bound to
participate in the guarantee , “as
against external aggression of the ter
ritorial integrity and existing political
independence of all states members
of the league.” That means that the
United States must refrain from up
ending other countries, and that fairly
includes an abandonment ef any
project of annexation of Mexico
or Central America without their con
sent. It likewise means that the Unit
ed States must, if necessary, take part
in protecting other states of the world
against invasion and aggression. If
a future Germany should again tram
ple down Belgium the duty of the
United States to protest and, if neces
sary, to aid in defending Belgium,
would be established beforehand—the
result of which would be in all proba
bllity that no invasion would be at
tempted.
3. The United States, if the senate
ratifies this agreement, will bind itself
to a reduction of armaments “to the
lowest point consistent with national
safety.” Nothing could be more in ac
cordance with the spirit and practice
of the United States. It simply means
a safe return to the small land and
sea forces and slender provision of
munitions which, we learned in 1917,
was a terrible danger under militar
istic political conditions. The execu
tive council “determines for the con
sideration and action of the several
governments” what is “fair and rea
sonable” in this respect. Here comes
one of the few specific binding limita
tions, “and these limits (of armament)
when adopted, shall not be exceeded
without the permission of the execu
tive council.” That clause is favor
able to the United.States and very un
favorable to Germany. In addition,
the executive council may “advise"
that private munition factories be not
allowed; but the only positive require
ment is that there shall be no secret
manufacture of arms and munitions;
and that there be a standing interna
tional commission on this subject.
Arbitration Provisions
4. The next definite obligation is
that the United States, in common
with all other members, shall make
use in uroitratlon in the following se
quence: (a) we must accept the
right of friendly remonstrance (Art.
XI). (b) We agree not to go to war
till after arbitration (or the parallel
method of “inquiry") has been at
tempted (Art. XII). (c) We will then
wait till three months after the award,
which is to be made speedily, (d)
Even then we will not make war on a
member of the league who accepts the
award, (e) “Any dispute or difficulty”
which they” (the high contracting
parties) recognize to be suitable for
submission to arbitration is to be sub
mitted to arbitration. Here is one of
the few instances of weak drafting in
the paper. Does “they” mean all the
parties acting together by previous
agreement, or each party making a de
cision as to suitability for itself? Ap
parently the latter interpretation is
correct, (f) We undertake to “carry
out in full good faith” any award
(Art. XIII).
5. A parallel method which might
avoid the unwelcome words “compul
sory arbitration” is an inquiry by the
executive council, which in this re
spect takes over the function which
was placed upon the Hague tribunal
by the second Hague conference of
1907. The proposed investigation by
an administrative body, not hampered
by legal procedure, might well be less
trying to sensitive national feeling
than a similar investigation by a
court.
The system proposed is as follows:
(a) Either party to a dispute not sub
mitted to arbitration may ask for such
an inquiry (Art. XV). (b) The secre
tary general arranges for an investi
gation , and if the council succeeds in
bringing about an agreement the na
ture of the agreement is published.
(c) If the parties do not settle amica
bly the council shall publish a “re
port,” which is in essence a finding.
(d) If the report is unanimous (not
counting in the contestants) it is
agreed that the league “will not go
to war with any party which complies
with the recommendation.” (e) If
the report is not unanimous, a public
statement is made. Apparently the
process is here exhausted, so that war
might at this come on without a
breach of the league, (f) Disputes
may, if not otherwise settled, be re
ferred to the body of delegates; but
that is obviously not an organization
suited for making adjustments at this
time.
6. Every member nation by enter
ing the league accepts the eventual
right of the league to make war upon
any member who may “break or dis
regard's covenants,” trying to force
its adversary, while refusing to seek
arbitration or inquiry. "It shall there
fore ipso facto be deemed to have
committed an act of war against all
the other members of the league.”
Even in this extremity, however, the
effort is made to prevent hostilities
by a double-barreled boycott, (a) The
severance of all trade, of financial re
lations.” (b) “The prevention of all
financial, commercial or personal in
tercourse,” even with non-members.
7. Now come the last four steps
which involve fighting to protect an
injured member of the league, (a)
The executive committee recommends
the members of the league to "contrib
ute to the armed forces to be used to
protect the covenants of the league."
(b) The members must “support one
another in the financial and economic
measures.” Also “they will mutually
support one another" against “the cov
enant-breaking state." They “will af
ford passage through their territory”
for troops against the common
eneifty.
The United States is not one of the
nations that is likely to be selected
for the nagging or the attack of an
ill-disposed power. Yet, as one of the
most powerful countries in the league,
it will have the great advantage of
the knowledge in advance that any ag
gression will meet the resistance of a
group of combined powers. The ex
istence of the right to call for aid will,
without doubt, prevent most of the
occasion for asking aid.
Privilege* of United States
Corresponding to the obligation will
be the important privileges enjoyed by
the United States as a member of .the
league. These may be briefly summed
up as follows:
(1) Dlsputs with powers that are
not members of the league may be
brought before the league for decision,
thus furnishing a short cut to the
settlement of disagreeable difficulties
(Art. XVII),
(2) The United States participates
in the right of all nations that their
neighbors shall not keep up large ar
mies (Art. VIII) or permit secret mu
nitions factories. This will enable
thiB country safely to keep down its
own military expenditure*.
(3 Participation in the privileges
and responsibilities of the “mandates"
(Art. XIX). The effective clause is,
“this tutelage should be exercised hy
them as mandatory on behalf of the
league." There is no statement that
these mandates must be accepted,
(Continued on Page Seven)
NOTICE
The registration book of the town
of Cordova will be open at my office,
in the corner store, Mlchelson & Cur
rier building, First street, Cordova,
every day from 12 o’clock noon until
8 p. m. t
The registration book will be closed
at 4 o’clock p. m. Saturday, March
29, 1919.
C. H. LAMPREY. Registrar.
jij: ALBERT BUSH NELL HART,
PROFESSOR OF GOVERN- £
|:j: MENT, HARVARD UNIVER
SITY, IN N. Y. TIMES
! PROFESSIONAL \
• •
• •
/•••••••••••••••••••••••••••••••••••••ft
* DR. W. W. COUNCIL *
PHYSICIAN and SURGEON
Office and Residence, Cordova
General Hospital t Ostrander
Building).
* Phones—Residence, 115; Office, 132
* DR. W. H. CHASE T
PHYSICIAN and SURGEON
Office over Cordova Drug Store.
Calls may be left at Cordova
Drug Store.
Residence, Alaska Hotel.
* -♦
DR. W. D’ARCY CHACE
PHYSICIAN and SURGEON
WINDSOR HOTEL
Hours:
1 p. m. to 3 p. m. and 7 p. m. to 8 p. m.
O-*
DR. CHAS. DAGGETT
Northern Hotel Building, Cordova
Hours 9 a. m. to 9 p. m.
DENTISTRY
Special attention to
Prophylaxis and Pyorrhea
^ PHONE 200 ^
D0N0H0E & DIMOND
ATTORNEYS-AT-LAW
Offices:
CORDOVA and VALDEZ
[ FRANK H. FOSTER
ATTORNEY-AT-LAW
ROOM 1, OSTRANDER BUILDING
♦--+
F. F. MEDLEY
ATTORNEY AND COUNSELLOR
AT LAW
Room 1, Adams Block
CORDOVA, ALASKA
* DONALD C. FA1RMAN *
Will accept a limited number of
pupils for
PIANO INSTRUCTION
Studio, Empress Bldg. Phone 29-2
* ---♦
MRS. T. N. HUBBERT
TEACHER OF VOICE AND PIANO
Residence:
Street Leading to Dock
♦---♦
I I
Keist Furniture
Company
Is the Place to Buy
New and Second-Hand
Household Goods I
i
OUR PRICES ARE RIGHT
Next door to Alaska S. S. Office
NEW NEEDLE ART SHOP
All kinds of Stamped Em
broidery Goods, Fancy Knitting
Yarns. Sweaters and Socks
knit to order.
Lessons Given in
EMBROIDERY, KNITTING
AND CROCHET WORK
IDA DOWALDER
C St., Adams Bldg.
....--—
!
i
*
i
Auntie Keating’s
Wee
Shop
has outgrown its original
location, and has removed
into the
WILLIAMS BUILDING
First Street
with a complete line of
Men's, Women’s and Chil
dren’s Goods.
Come in and look my
stock over.
TOKENS OF RESPECT
A well conducted funeral Is a
token of respect to the deceased.
Our methods of conducting a
funeral have~given us an oppor
tunity to serve you in a manner
that will command respect. We
are equipped to serve you satis
factorily.
K. E. HOLDEN PARLOR
Second Street, between
A and B Avenues
Y..
• •
! Cordova I
• •
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-- »
• •
• The City Beautiful £
• Help to keep it so by using a Z
• Garbage Can. Plenty of them at Z
• •
• ‘ m
• CORDOVA I
; SHEET METAL WORKS S
• Phone 143 i
z •
faaaaa.a....... •
..
I n
FOR SALE
FOR SALE:
Choice business and resi
dence property.
FOR RENT
Furnished and unfurnished
apartments and cottages.
INSURANCE
Fire and marine, life and ao
cldent
BONDS
Fidelity and surety.
CORDOVA ABSTRACT and
REALTY COMPANY
ROOM 1, ADAMS BUILDINQ.
FOR SALE
New Boat Hulls
Fish and Clam Power Boat
Hulls now ready at shop on Sec
ond street, next to jail building.
E. D. LACY
WINDSOR HOTEL
L. WALN, Prop.
WHERE YOU QET
COMFORT AND SERVICE
And the Ratoo Are Right.
CORDOVA, ALASKA
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