recommendations as will prevent hostilities and will result in the settlement of the dispute.

ARTICLE XVIII.

The high contracting parties agree that the league shall be intrusted with general supervision of the trade in arms and ammunition with the countries in which the control of this traffic is necessary in the common interest.

ARTICLE XIX.

To those colonies and territories which as a consequence of the late war have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the well being and development of such peoples form a sacred trust of civilization, and that securities for the performance of this trust should be embodied in the constitution of the league.

The best method of giving practical effect to this principle is that the tutelage of such peoples should be intrusted to advanced nations who by reason of their resources, their experience or their geographical position can best undertake this responsibility, and that this tutelage should be exercised by them as mandatories on behalf of the league.

The character of the mandate must differ according to the stage of the development of the people, the geographical situation of the territory, its economic conditions and other similar circumstances.

Certain communities formerly belonging to the Turkish Empire have reached the stage of development where their existence as independent nations can be provisionally recognized subject to the rendering of administrative advice and assistance by a mandatory Power until such time as they are able to stand alone. The wishes of these communities must be a principal consideration in the selection of the mandatory Power.

Other peoples, especially those of central Africa, are at such a stage that the mandatory must be responsible for the administration of the territory subject to conditions which will guarantee freedom of conscience or religion, subject only to the maintenance of public order

and morals, the prohibition of abuses such as the slave trade, the arms traffic and the liquor traffic, and the prevention of the establishment of fortifications or military and naval bases and of military training of the natives for other than police purposes and the defence of territory, and will also secure equal opportunities for the trade and commerce of other members of the league.

There are territories such as southwest Africa and certain of the South Pacific isles which, owing to the sparseness of their populations or their small size or their remoteness from the centres of civilization or their geographical contiguity to the mandatory State, and other circumstances, can be best administered under the laws of the mandatory State as integral portions thereof, subject to the safeguards above mentioned in the interests of the indigenous population.

In every case of mandate the mandatory State'shall render to the league an annual report in reference to the territory committed to its charge.

The degree of authority, control or administration to be exercised by the mandatory State shall, if not previously agreed upon by the high contracting parties in each case, be explicitly defined by the executive council in a special act or charter.

The high contracting parties further agree to establish at the seat of the league a mandatory commission to receive and examine the annual reports of the mandatory powers, and to assist the league in insuring the observance of the terms of all mandates.

ARTICLE XX.

The high contracting parties will endeavor to secure and maintain fair and humane conditions of labor for men, women and children both in their own countries and in all countries to which their commercial and industrial relations extend, and to that end agree to establish as part of the organization of the league a permanent bureau of labor.

ARTICLE XXI.

The high contracting parties agree that provision shall be made through the instrumentality of the league to secure and maintain freedom of transit and equitable treatment for the commerce of all

States members of the league, having in mind, among other things, special arrangements with regard to the necessities of the regions devastated during the war of 1914-1918.

ARTICLE XXII.

The high contracting parties agree to place under the control of the league all international bureaus already established by general treaties if the parties to such treaties consent. Furthermore they agree that all such international bureaus to be constituted in future shall be placed under control of the league.

ARTICLE XXIII.

The high contracting parties agree that every treaty or international engagement entered into hereafter by any State, member of the league, shall be forthwith registered with the secretary-general and as soon as possible published by him, and that no such treaty or international engagement shall be binding until so registered.

ARTICLE XXIV.

It shall be the right of the body of delegates from time to time to advise the reconsideration by States, members of the league, of treaties which have become inapplicable, and of international conditions, of which the continuance may endanger the peace of the world.

ARTICLE XXV.

The high contracting parties severally agree that the present covenant is accepted as abrogating all obligations inter se which are inconsistent with the terms thereof, and solemnly engage that they will not hereafter enter into any engagements inconsistent with the terms thereof. In case any of the Powers signatory hereto or subsequently admitted to the league shall, before becoming a party to this covenant, have undertaken any obligations which are inconsistent with the terms of this covenant, it shall be the duty of such Power to take immediate steps to procure its release from such obligations.

ARTICLE XXVI.

Amendments to this covenant will take effect when ratified by the States whose representatives compose the executive council and by three-fourths of the States whose representatives compose the body of delegates.

ANNEX III

MEMORANDUM

ON

THE DRAFT OF THE CONSTITUTION

OF THE LEAGUE OF NATIONS

The people of the United States see in the draft references to "the reduction of national armaments to the lowest point consistent with national safety," "the high contracting parties will submit the whole matter to arbitration," "permanent court of international justice," "prohibition of all intercourse," "effective military and naval force," and, without reading deeper, many are inspired by the belief that the Constitution will secure all of these features for them. They forget that competitive struggles are still to be the order of the day between nations, as between people, and that it is not to be expected that those with whom they deal will be so altruistic that they need give no attention to their own interests. Did they but take the trouble to know what the language imports, they would discover that, on the very face of the draft, the above features were largely delusions.

They do not know, or have forgotten, that, because of just such neglect, they are obliged to let freight in foreign vessels pass through their own Panama Canal on the payment of lower toll than they are allowed to collect on that under their own flag; and that they are now on the point of doing infinitely worse, if they accept the draft as proposed.

Attention is called to the following points in its construc

tion:

I.

Although not affecting the proposed position of America adversely, the first articles should not be passed over without the following mention:

The first three articles provide for three organs: a body of delegates, in which each member nation would have three representatives; the Executive Council to have nine members; and a secretariat to be in the charge of a Secretary General. The first would be empowered to deal with "matters within the sphere of action of the League" and the second, with "any matter within the sphere of action of the League." The impression at first glance is that the body of delegates would be the popular branch of the government and would participate in the general legislation; that here is the bestowal of equal powers on the small States-the much expected democratization of the world.

In empowering the Council, however, the word "any" is placed before the word "matter" and a little comparison of the two phrases discloses that, while the one, regarding the Council, would give it plenary powers, the other, relating to the delegates, is only a clause of limitation; and simply means, that whatever they are permitted to do, must be within the sphere of action of the League. Then, on running through the instrument, it appears, that all power is specifically delegated to the Council, except that the body of delegates would be competent (1) to select the four other states to be represented in the Council (Art. III); (2) to have its attention drawn, as a friendly right, to circumstances threatening to disturb the peace,