The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-08-21
He PRICKS BUBBLES
Continued from sixth Page,

ton. To xau1<n and meet me- o<lucUs~
ties and to discriminate between the
cases In which rsaenify arbitration u.
ard in which IL may ns, De. 2racei-
cslly. possible
SHORTCOMINGS OF THE LAW
Pursuing this Zee % thought the sho<t
com!ngs of International Law reveal
themselves 10 Us asd demonstrate the
grave difficulties " tho position The
analogy between arbitration a. % mat
ters n difference between Individuals
and 70 matters Il ds6ersase between
nations carries US but q short way. In
fe- Is ether encoroeanie as a rule %
court. or, whsCe this - not true. the
award gives 10 the successful iis.gaas
substantive cause OF actioa- In either
case there Is oesnind the Arbitrator ths
power OF the Judge TO decree and thu
power Of the executive 70 cornpel COM
plance with the oenest OF the aroitrs~
tor. IN fine. such arbitration u Q mode
OF litigation by consent. governed by
Law. stArfing from familiar rules and
carrying 70 full sanction OF tnf.csal de-
cisson- international arbitration has
none % these characteristics IL - .
cardinal principle Of tpe Law Of nations
thar each sovereign power. however
polirxcalfy weak. - Internationally
equal TO any other political power. how
ever politically stroaG- There are IA
rules q international law relating 20
srbitracor. and OF the Law itself there
is no authoritative exponent nor any
recognized authority for i,s enforce
nlent
But there ars dfye-erces Go which
even as between inizvfduals. Areitra-
ton Is nappltAbI<-subter<s which
find their Counterpart In <as Affairs %
nations Men do not srbitrate where
character IL at stake. nor win any sef-
respecting nacoa readily aroitrate On
questions toooninS Is national tade-
pentence or affecting fte honor Again
a. nation may agree ~ arottrA<s and
then repudiate fts sIreer1ene Who
= TO coerce 1t? OF. having gone 70 ar
bitracon ami been worvteA u may
decline TO be bound by the award woo
Is 70 compel IL?
These considerations eeern 20 me- 60
JUSTIFY two conciuxtoce. The f-st "
that aroltrarton VIII not cover tia
whole field OF international controversy
and the second that unless and until
the great powers % The world. In
league bind therr=-fSrs Co coerce q re-
caic,trant member OF the family OF ma
ions We have stu 70 face the more
than possible disregard by powerful
staes. - The obligations OF good faith
and OF justice. The scheme % such
combination has been advocated. but
the signs OF its Accomplishment ara
absent
Ar we then TO conclude that forc~ 10
still the Only power that rules she
vorldF BY no means. The sanctions
which restrain the wronxioer-the
breaker OF public fatth. the disturoer
OF the peace OF the world-are not weak
and, year by 'year. they wax stronger.
They are the dread oc war and the
reprobation OF mankind Pubic opln-
son IL n force Which mak-s itself feit
in eN$sy corner and Granny OF che
woodland is most powerful Ia the CON-
muniries most civilized. In tac pubic
press and IN rese telegraph I Possesses
agents by which It's power "a conces
tratei aud srs-~iiIy brought u Ses-
where there - any public wrong u BE
exposed and repTobated- II year by
year gathers strength as general en-
ligtenrnnt extends u empire. and high
er moral altitude Is attained b mat
KIND II has no ships Of war upon tse-
seas or armies In the fed. and yet grea,
potentates tr'cErsole before "a and Au4s-
bly, bow to its rule.
Again, trade and travS! are great pa
cific1to.S The more nations know =
one another the more trade relations
ars established between them. IN.
more good Will ana mutual inssre-t
grow up: AID these are powerful AgsEts
working for peace
But although have indicated e-r-
tain classes OF questions on which SOW
ereign powers may DC unwilling 20 ar
bitrate. I am glad TO think that thess
are not tho question which mott con-
monty lad - war. Broadly stated.
wherever the rights IN dispute viii Dc
determined by the aec~rtatn-D~nt o.
the true facts Of the case. and v1fer.
the factors being ascertasred. the rtshs
depends on the Application OF the prop
er principles OF lnternNcons2 law % ths
given factS--n such case- the matter 10
on- which ought TO be arbttrs,ed
The question next arises. What ought
20 b. the Constitution OF the tribunal
OF arbitration IL u 20 De . tribunal
sd hoe or - ~ % be a permanent n
ternaroasl tribunal. the member. 90
which shall be a prsorf designated. -
prac;tcabls or dsir&oBc. In the 6rst
place. the character or the hest tr1oa-
nal mus; Largely depend upon ths aUss
ton TO Be srbitrated The interests
involved ara cornmsoniy 30 enormous
and me forces % national syopzsfAy.
pride and prejudice are 80 SEARCHING.
- great and 30 subtle that I DOUBT
Whether q tribunal. the membership
OF which bad a character or p~rrna~
nenoe. eg-s- II sohe3y composed of nasn
sccslstorES~d 20 exercise sfse Judicial fAc-
ulty. would Cog r~tzsn g~1-ra1 eons-
dDce. aud fear II rnixh; gradually as
sumo iatns~rzbIe pr-<xnsionst
Ts1~rs u danger. TOO. 90 be S71arSs@f
azalnt from another quarter. - long
as war rernaiss the sosr court wherein
20 try International 9tsarTeAs. Go Fzxs<s
q faglizrs are 20 trerDendous and the
mere TzzgTro- % war 80 paralyzes CON-
np@rsai arst n5nstr1ai lie fhat Pre-
tsastoras wholly uufoszniei Will rxr~sy
be adTaoced 9y any nation. and ffss
s-rsoBous Efforts % esaf--uen. wss<tb-
- trnn~tiasesy conosrns1 or not. VII
be dkrecasd 10 D-~>nt wa But *
thew be . standing court os naEsors.
20 WHICH any power may resort. vita
hrtIs cost and 10 RISK. To- t<rnpszso.
r1sy b~ strong 90 pat forward Dr...1-
toes ard ansoazdsf ciaiTls. - szspors
OK ~ffzass there may readily - sovnf.
81 rno@s cogrtrs>s lcan -e szcs2t sysn
Great Britain ard TIE rns-sd ssas-so
b1sybofy ssn<o<~ oriy too really - air
TIER spurious and iTsSzznz.4sorT pa
tr1otixn-
There n o. f-sc-acs r1leA ~ sa~ ias
% zsSf10as nay - exiznStsly szs~~z-e
% bT - Doz<-s IN lie Ez.sS~x-s 81
I>eacs-f rssan rsssd@&tio1-
M Pr->sS-cG ! t>xaa ~ sS<~kfng
q ss~ Two great dzrs~on~-.AsS~rfc@a
and Fsrltss5-os Ia; Ezgl1sn~,>~xsng
ro<3 v1scn yoa aaf ! r~7->~-st 90
EzY aoA VIII ccN rzsore 1890 %