Jasper County Democrat, Volume 23, Number 41, Rensselaer, Jasper County, 18 August 1920 — LEAGUE AND COURT [ARTICLE]

LEAGUE AND COURT

Nothing coula be more preposterous than the theory, of which some thing has been heard, that there is, in the Cifeation of a world arbSha tion tribunal, a turning away from the league of nations, or at least a subordination of it. As a matter o. fact those distinguished men, Elihu Root among them, who have prepared a plan for a court, have been operating under the league covenant, as appointees and agents of the league, and it is to the league that they will report. Article 14 reads as follows: The council shall formulate and submit to the members of the league for adoption plans for the establishment of a permanent court of International justice. The court shall be competent to hear and determine any dispute of an international character •which the parties thereto submit to it. The court may also give an ad. visory opinion upon any dispute or, question referred to it by the council or by the assembly. Acting under this article the council called together an advisory committee of eminent jurists, and these have about completed their work. The court, which will shortly be eet up, will be a part of the league of nations, and one of its most effective instrumentalities. Not only so, but unlike the Hague tribunal, it will have the power of the league behind it The members of the league are under solemn obligation to arbitrate their disputes, and agree that they will in no case go to war “until three months after the award by the arbitrators or the report of the council.” There is this further agreement which is in aid of the court and its judgments: The members of the league agree that they will carry out in full good faith any award that may be rendered, and that they will not resort to war against a member of the league which complies therewith. In the event of any failure to carry out such an award, the council shall pro-

pose what steps should be taken to give effect thereto. In short, the court is accepted in advance by all parties to the treaty, and all agree to be bound by its decisions. Manifestly the court owes as much to the league as the league does to the court. They are two parte of one great whole, and each is essential to the others. If we follow Mr. Harding’s advice and reject the league we shall also reject the court.' <

But it has also been made clear by two Americans associated with the labors of the Root commission, and given to the public by Raymond B. Fosdick, that the application of the principle on which the league is based, which is distinctly American, has made the creation of the court comparatively easy. In the old days the big nations demanded special consideration in the choice of judges, and perhaps an over-representation, while the small nations were jealous of the big ones and distrustful of their purposes. As it is now both classes have an equal share in the choice of judges. They act through a great organization, not as individual units, for a great international purpose. The conflicting views of the big and little powers have been entirely harmonized. It was not difficult to provide for the nomination of judges —this was easily arranged under the old Hague organization. But it was not so easy to elect them. One of Mr. Fosdlck’s correspondents says: On that rock the second peace conference came to absolute wreck. But since then the league of nations has been created. Whatever its faults, it has at least the outline of an international organization. It is based on a double principle—first that of the assembly, where all the states are equal, and second that of the council, where the nine largest states have control. Here, ready at hand, is a harmonizing of the two conflicting principles. Both these bodies will participate in the election of the 11 judges the council protecting the interests of the large states and the assembly of the small —a truly American device. Provision is made, in case of differences, for a conference committee, and that too has a good American ancestry. The court itself will be mod est ed on our supreme court, and, says one of the authorities, “American purposes will also largely prevail.” The question is whether we shall accept all make a separate and shameful peace with Germany, desert our and ‘look hopefully” to some new “association” of nations, kind not specified. It should not be forgotten that one of the main objects of'the creators of the league of nations wag to bring into being as tart of It speh a court of international justice that which is about to come into being. Nor should it be forgotten that without the < league the court would have been a practical impossibility. — Indianapolis News (Rep.).