Senate Defeats Treaty, Vote 49 to 35; Orders it Returned to the President

Senate Defeats Treaty, Vote 49 to 35; Orders it Returned to the President
Lack 7 Votes to Ratify 28 Republicans and 21 Democrats Support Lodge Reservations 23 Democrats Oppose 12 Republicans Also Against Resolution -- Reconsideration is Blocked Peace Declaration Urged Know Move Waits Until Monday -- Senators Look to Wilson for Next Step
Special to The New York Times

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Washington, March 19 -- The Senate this evening, for a second time, refused to ratify the treaty of peace with Germany, and sent it back to President Wilson.

By a vote of 49 to 35, seven short of the necessary two-thirds of the members present, the Senate rejected the Lodge resolution of ratification.

It then adopted a resolution, proposed by Senator Lodge, to return the treaty to the President, advising him formally that the Senate had failed to advise and consent to its ratification.

The resolution reads:

"That the Secretary of the Senate be instructed to return to the President the Treaty of Peace with Germany signed at Versailles on the twenty-eighth day of June, 1919, and respectfully inform the President that the Senate has failed to ratify said treaty, being unable to obtain the constitutional majority required therefor."

Following this action, Senator Robinson of Arkansas, a Democrat, moved to reconsider the vote by which ratification failed. A lively parliamentary battle followed, in which the Republican mild reservationists joined the Democrats in an effort to keep the Senate from creating a condition which prevented further action on the treaty at this time. A ruling by Senator Cummins, who was in the chair, and refusal of the mild reservationists to co-operate further with the Democrats unless they were assured that the second vote on the treaty would be taken at once, cut short Mr. Robinson's efforts.

The Senate adjourned to meet again Monday, after the treaty had been ordered to be returned to the President. As that will have been done by Monday, the motion to reconsider cannot be made again, Senator Lodge said after the voting, because the Senate cannot reconsider action on a question over which, by its own vote, it has relinquished control.

What President Wilson will do now is problematical. No statement is obtainable at the White House concerning the rejection of the treaty.

On the resolution of ratification fourteen more Democrats voted to accept the treaty with the Lodge reservation than on the occasion of the former vote, just four months ago. On Nov. 19, when the Senate rejected the Lodge ratifying resolution by 41 to 51, but seven Democratic Senators voted to ratify: Gore, Myers, Owen, Pomerene, Shields, Smith of Georgia, and Walsh of Massachusetts.

Today the following Democrats joined the seven: Ashurst, Beckham, Chamberlain, Fletcher, Henderson, Kendrick, King, Nugent, Phelan, Pittman, Ransdell, Smith, Thammell, and Wolcott.

Twelve Senators were absent or not voting . As a two-thirds vote was necessary to ratify, pairs were grouped in the ratio of two for ratification to one against. Senator Penrose, Republican, of Pennsylvania, was paired against ratification with Senators Harding, Republican, of Ohio and Nelson, Republican, of Minnesota, who were for ratification. Senator Fall, Republican, of New Mexico, was paired against ratification with Senators Newberry, Republican, of Michigan and McCumber, Republican, of North Dakota, who were for ratification. Senator Poindexter, Republican, of Washington was paired against ratification with Senators Cumins, Republican, of Iowa and Townsend, Republican, of Michigan, who were for ratification. Senator Smith, Democrat, of Arizona was paired against ratification with Senators Gerry, Democrat, of Rhode Island and Jones, Democrat, of New Mexico, who were for ratification.

Interest in the vote on the resolution of ratification centred in the Democratic attitude, as it was clear that unless a considerable number of them refused longer to accept the views of President Wilson, there could be no ratification by the Senate. Long before the vote was taken today Senators knew that the Democrats would not bolt the President in sufficient numbers to provide the needed two-thirds.

Fight Over Reconsideration

The Senate spent a listless day listening to speeches, but shortly after 6 P.M. a quorum call brought more than eighty Senators into the chamber, and the cry of "vote" was raised at once. The roll call on ratification was taken without more debate.

After Senator Cummins had announced from the chair that the resolution, having failed to receive the required two-thirds, was rejected, Senator Lodge at once presented his resolution to return the treaty to the President.

On this the vote was 47 to 37. Six Democratic Senators voted for Lt. Gore, Kirby, Reed, Shields, Walsh of Massachusetts and Williams.

Immediately after the adoption of this resolution Senator Robinson of Arkansas, under a prior arrangement with Republican mild reservationists, moved that the Senate reconsider the vote by which it had failed to adopt the resolution of ratification.

Senator Watson of Indiana moved to lay Mr. Robinson's motion on the table. This motion failed because mild reservationists voted with the Democrats to prevent the Robinson motion from being thus summarily disposed of. The vote was 34 to 43 against tabling the motion.

Senator Robinson, having vanquished those who wanted to prevent him from discussing the motion to reconsider, began to urge its adoption, when he was again halted by Senator Brandegee, who made a point of order against the motion.

He argued that the Senate had disposed of the matter by adopting the Lodge resolution to send the treaty to the President. After considerable parliamentary wrangling and the citing of precedents, Senator Cummins ruled, through he said that he did so with some doubt in his mind as to the correctness of his opinion, that the Robinson motion was not in order.

An appeal from this decision was expected, but to the surprise of Republican Senators it was not taken.

Debate on Second Treaty Vote

Senator Lodge said that if any Senators wished to vote again on the question of ratification, he did not wish to prevent them from doing so, provided the vote could be taken without any further debate. He said that he would ask unanimous consent that the vote be reconsidered if Senators would agree in turn that the vote be taken at once.

That did not fit in with the plans of the Democratic Senators, who had hoped to leave the motion to reconsider pending until tomorrow or Monday.

The irreconcilables, who had won their victory and were not disposed to have it snatched from their grasp, also found the prospect of another vote not to their liking. Senators Borah and Brandegee pointed out that some Senators had left the chamber, and had even left Washington, as soon as possible after the vote on the resolution of ratification.

'I have no objection to voting on this question as long as the Secretary can call the roll," said Senator Borah. "But I do object to a vote and I will not permit one tonight, unless the Senators who thought they had settled something and left the Senate are protected in their absence."

Senator Brandegee observed that as it seemed to be necessary to take several votes in the Senate to decide when a matter was disposed of, he would not object to Mr. Lodge's request for unanimous consent to reconsider, provided that the absentees were covered by suitable pairs arranged on the spot.

Hitchcock Urged Cooling Off

"I see nothing to be gained by voting again immediately upon a question which we have just voted upon once," said Senator Hitchcock. "My idea was for a day or two to let us cool off. Maybe in that time the matter could be arranged."

"I would think that after a year of debate we might ask for an end of this sort of thing," retorted Senator Lodge. "To keep this thing here just to fool with it for a day or two more is not to be thought of."

Senator Norris then suggested the absence of a quorum with a view to learning. He said, how many Senators had left the chamber. After the roll call Senator Curtis, the Republicans whip, stated that the call disclosed that Senators Ball, Republican, of Delaware, Sherman, Republican, of Illinois; McLean, Republican, of Connecticut, and Thomas, Democrat, of Colorado, were absent and unpaired.

Senator Robinson then moved again that the Senate reconsider the vote of ratification and at the same time to request the President to return to the Senate the Treaty and accompanying papers. This was a way of repealing which was an obstacle to the motion to reconsider under Senator Cumming's ruling.

Senator Lodge made a point of order against the motion, but before the chair could rule Senator Robinson withdrew his motion. He did this on receipt of information from the mild reservationists that they would not support his motion unless he agreed that the second vote be taken immediately on ratification. The mild group's decision to stand by Senator Lodge's wish was reached at a hastily summoned conference just outside the door of the Senate chamber.

Senator Lodge once again asked unanimous consent that the Senate reconsider its vote, repeating his statement that he was unwilling to debar any Senator from voting again on ratification. But Senator Hitchcock observed that there was nothing to be gained and he objected.

The hope of the mild reservationists and of some Democrats was that when the Senate reconsidered the vote by which it had rejected the ratifying resolution some Democrats would change their votes and support ratification. A number of Democrats were urged to do this on the ground that having made their record of consistency on the first roll call they could afford for the sake of ratifying the treaty and bringing to an end the state of war to vote against the President.

Peace Declarable Move Waits

Senator Knox then obtained the floor and moved that the Senate proceed to consider his resolution declaring the state of war between the United States and Germany at an end, by repealing the resolution declaring war, adopted in April, 1917.

Senator Lenroot said he agreed with Senator Knox that the Senate should soon consider that or some similar measure, but he urged that it be deferred.

Senator Lodge thereupon moved that the Senate adjourn until Monday, at which time, he said, the Knox resolution probably would be called up. This motion prevailed.

Before it reached the question of ratification the Senate adopted the Lodge amendment to the preamble of the resolution of ratification, providing that silent acquiescence in the Senate reservations by the European powers would signify their acceptance of them. It rejected, by a vote of 41 to 42, Senator Brandegee's amendment, providing that the President must deposit notice of ratification within ninety days after the Senate acted.

Lenroot Assails President

Senator Lenroot delivered a speech in which he said that President Wilson on his Western tour called Article XI, of the League covenant his favorite and the heart of the instrument, while in his more recent pronouncements to Democratic Senators on reservations he has insisted that Article X was the covenant's heart.

The President's illness had affected either the President's recollection or his judgment," said Senator Lenroot. "Has President Wilson changed his mind, or has the mind changed him?"

Mr. Lenroot said that the president was willing to see the treaty defeated rather than remove from American boys the obligation to go into foreign wars. He assailed Senators who voted the Irish self-determination reservation into the ratifying resolution, declaring that they did it in an effort "to put somebody in a hole," and told the Democrats that if they insisted on taking the treaty into the political campaign they would "insure a tremendous Republican victory."

The stubbornness of President Wilson is indefensible," he said. "We will meet you in the campaign as being for Americanism first; you will meet us as being advocates of the surrender of Americanism. We will meet you as Americans; you will meet us as internationalists."

Senator Edge of new Jersey urged ratification of the treaty and said that today's vote would show how many of those who voted yesterday for the Irish reservation were really friends of Ireland.

Walsh of Montana Switches

Senator Walsh of Montana, who previously voted against ratification with the Lodge reservations, and who through both fights on the treaty had stood consistently with President Wilson, announced that he would vote this time to ratify. Mr. Walsh said that he came to believe that the and others had overestimated the importance of Article X. The peace of the world would, in his opinion, be safeguarded as well under Articles XI, XII, XV, and XVI, as under Article X.

In a carefully prepared analysis of the various reservations Mr. Walsh gave his opinion of each. His speech was received with the greatest attention by Democrats.

Some thought that his change might cause a stampede to the Lodge reservations. This impression was heightened in some quarters when Senator Ransdell of Louisiana, another staunch Administration Senator, arose immediately afterward and announced that he, too, had decided to vote for ratification.

Senator Myers of Montana, Senator Walsh's Democratic colleague, in stating that he would again vote for ratification with the Lodge reservations, as he did last November, declared that the Allies were trying to make a travesty of the Peace Treaty and the League covenant at the very outset by yielding to Germany on the question of the Kaiser's trial and the trials of other Germans held guilty of complicity in offenses against international law.

"As well as try a horse thief before twelve other horse thieves or a bootlegger before a jury of bootleggers or bartenders as to make the grotesque and monstrous agreement that Germany shall try the war criminals," said Mr. Myers.

He declared also that the United States should not help Germany with money or food.

Senators Pomerene and Owen also spoke briefly, and then Senator Hoke Smith delivered a long set speech of which he had given notice yesterday.

Treaty "Gone," Lodge Declares

After the session ended Senators of both parties united in declaring that in their opinion the treaty was now dead to stay dead. Senator Reed of Missouri, a Democrat, one of the irreconcilables whose fight helped kill the treaty, said many Democrats who favored the treaty had told him that they were through with it unless the President in sending it back to the Senate, should express willingness to accept the Lodge reservations.

Senator Smith of Georgia said after the vote that he felt certain it would be impossible to get the Senate to give serious consideration to the treaty further as long as the same circumstances existed concerning reservations.

Senator Simmons of North Carolina, another Democrat, expressed a like view.

Senator Lodge said that the treaty was "gone." He declared that if the President should decide to send it once more to the Senate with another request that it be ratified, it would remain a long time in the Committee on Foreign Relations.

Senator Borah and the other irreconcilables were exceedingly well satisfied. They said that the Senate's action was but a forecast of what the country would do when the clear-cut issue of ratification unqualified by any reservations or rejection was presented to it.

Senator Johnson of California, one of the irreconcilables, left at once to resume his western speaking tour against the league and in behalf of his own candidacy for the Republican nomination for President. Senator Borah will go soon, and Senator Reed is also about to begin a speaking tour.

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