The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-01-27
LET THE SUPREME COURT DECIDE.

The Presidents message to Congress on
the Chilean affair was followed on the same
day by a response by Chile The latter
power offers TO submit the case Of the out
rage Of October 10th TO the arbitration Of
friendly power, CT falling this, to the de-
cj,.on cf the United States Supreme Court
We could not ask any more than this. There
is no reason why the United States should
not submit to tie Supreme Court the queS-
ticn Of damages fer the attack on our sail
ors; and this. in view Of the repeated adj
missions Of the members Of the .Iunta in
regard 30 tie wr0nE-doing of the Nalparaj-
sans, IS the only matter on which there can
be any further controversy.
There ara many reasons why a submission
Of the case to the Supreme Court is prefer
rable to q reference TO arbitration by
foreign power. Ia the first place it estab-
fishes precedent that will be useful here
after II the fashion is set Of leaving inter
national disputes between American nations
to the decision of the supreme Court Of the
United States, we shall erect a barrier
against sucn wars as the one which we have
JUST escaped. We shall draw closer the bonds
which unite American nations and induce
The Snansh-AmeTigan peoples to under
staud that for given purposes and within
given limits the peoples who inhabit this
hemisphere are as one against The rest OF
the world.
A reference 10 the Supreme Court will
constitute no innovation upon established
practice When a controversy between two
nations is referred 90 q foreign p0,entate as
arbitrator. the ro,eunte does not undertake
IL de ide ID out of his inner consciousness.
p in na in
his OWE country, and they on an eyamiu3-
ton Of The evidence. and after hearing argU-
meu- on both sides, decide it as they would
decide any other controversy. II we should
leave our controversy with Chile TO the
Emperor II Germany or the King of Italy
those m1narChs would simply send the pa
p-rs q eminent juriscousG.ts M Germany
or Italy, and the Emperor or King would
accept their report as his verdict. Why
should We 90 TO Europe for judges? There
IRE men ou The supreme Bench who are
Just rs competent % decide an intricate case
as any German OF Italian, aud who would
De just as falr-ujuJ-d. No Chilean need
fear that they would De SwayeI by national
bias OF prejudice, FIR their decision would
form precedent vh ch iEht hereafter he
used caasc this country. In the future a
M1b iu an American seaport may assaii
party of lhUeaus or Ctrer foreigners. Tie
responsibility OF ire United Stttes for the
action of sueb IN would be measured by
tie award which tie supreme Court may
decree iu the case now pending.
When Mr Harrison wrote his last annual
message he had iu his mind an uniformed
plan Tor The creation Of a court OF aT5.tra-
d.n to try international disputes. Refer
ring 10 the New Orleans massacre. he
recommended the establishment Of tribunal
10 which a foreign power could refer COM
plants If wrongs endured by its citizens
or subjects at the hands Of Americans. II
would ba a happy Thought for Congress TO
combine tie Presidents suggestion with the
offer made by Chile, and 10 enlarge tie
powers Of the Supreme Court 50 that any
nation, claiming 10 have just grounds of
complaint against the United States or its
citizens. could institute proceedings before
that IL bunal to recover damages The OBJ
lection which was no de at the time 10 Mr..
Harr.s5n's plan was that il proposed TO
cl0the the judiciary with powers which
properly belonged to the political branch Of
The Government But politics are merely
the application Of the principles OF law and
equity TO the conduct Of public affairs; and
Judge on tie bench, whose life is devoted
10 the adjustment Of controversies among
his feuow-citizens. is much more likely to
be impartial than a politician, who, some
/ times, plays to the gallery, and measures
his behavior with an eye TO its political
effect on voters
The CALL hopes, and people generally
concur in the hope, that the Chilean offer
to submit the pending dispute TO the SU-
| prems Court will be accepted. The case
would, Of course. be Submitted on printed
briefs. containing the evidence taken at Val
paraiso, and al Mare Island, together with
! the arguments Of counsel at either side.
The points to be decided are embraced
/ within narrow compass. Was the attack
on our sailors the work Of a drum ken mob,
/ which the EalpaFaisan police got under
! control as soon as they could, or was it a
/ concerted attack made conformity by street
rufiaus and policemen, who were aided and
| abettei by the local authorities? In the
| former case, justice would be satisfied with
an apology and nominal damages. In
the latter, the rules Of International comfy,
which may be assumed to have the force of
law among nations, as we'll as a due regard
for the peace Of this hemisphere, would re-
! quire an award Of exemplary damages, on
/ the lines Of the Geneva award.