Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-26
INTERNATIONAL LAW
Members of American Society
Meet at Banquet.
RESPONSES TO THE TOASTS
Address by Justice Brown at After.
noon Session.
DISCUSSES COURT OF PRIZE
Names Of the Officers Unanimously
Elected at Meeting Of the
Council.
DISCUSSES COURT OF PRIZE

the New Willard. more tndn 1NV covers
were spread. and the guests included
majority of the delegates who were en-
gagged in. the business meetings and de-
bates Of the past few days. The principal
guests. seated at the head table, were
| DR.. Charles w. Needham, president of the
George Washington University; Senator
Turner, Robert Bacon. assistant secretary
of state; Justice Brewer. r. c. Smith of
Canada, Elihu Root, Secretary of State;
Bishop O'Connell, Secretary Straus of the
Department of Commerce and Labor;
Gen. Horace Porter. John w. Foster. Sem
ator Flint. Chief Justice Peelle and Hunt
ingdon Wilson.
Secretary Root acted as POSTMASTER
and addresses were made by r. c. Smith.
Bishop O'Connell, Secretary Straus and
| Gen. Porter.
Session Yesterday Afternoon.
''The Organization, Jurisdiction and
Procedure Of an International Court of
Prize was the topic at the afternoon
| session Of the society yesterday. Prof.
George G. Wilson presided The first
speaker was Mr.. Justice Brown. retired,
Of the Supreme Court of the United
States. Had The Hague conference
done nothing more than to adopt the con-
vention for the establishment of an inter-
national prize court he said, 1T would
have sufficiently justified its being called
together. and refuted the criticisms of
those who. because it did not accomplish
all its most enthusiastic supporters de-
sired. have sought to belittle its results.
1T marks an important step forward in
the adjustment Of International differ
ences. It provides for the first time, so
far as Isknow. for the compulsory arbi-
tration Of certain questions, though of a
limited class and establishes court
which shall have superior jurisdiction
over the courts of the signatory powers
The convention is not only significant in
this particular, but because of its poten-
| TALLY in the possible creation of other
| courts of more enlarged powers. which
full settlement Of all international dis
putes, which do not involve the integ-
rity Of territory. or the vital interest. or
the honor, of the particular powers.
These are generally admitted to be be-
yond the scope of arbitration.
AS Matter Of Right.
1--WE are confronted upon the threshold
| Of this convention with the power Of the
President and the Senate, under the Con-
| stitution, to assent to the creation Of a
foreign court with jurisdiction over the
| courts created by Congress-. and even
| over the Supreme Court of the United
States. The appeal is given as matter
belligerent captor, and may be based
upon the ground that the Judgment is
| wrong either In fact or in law. The
prize court from which the appeal may
| article provides that it may be taken
after judgment In the first instance. or
only after an appeal. as the municipal
law of the belligerent captor may decide.
be had to the Supreme Court Of the
United States, which. though not for
eign court. Is a court acting under diff
| ferent sovereignty, only from the final
decree Of state court Of the last re-
sort. think we may assume that by
analogy Congress would require that
parties exhaust their remedies in the
local courts before resorting to an appeal
to the international court This would
limit the appeal to the final DEGREES of
the Supreme Court, except in cases
where no appeal lies to that court, under
r. S. 695
rBut the question still remains as to the
power of the Senate or Of Congress to
provide for a review Of cases adjudicated
in the Supreme Court Of the United
States. court created by the Constitu-
ton. whose original jurisdiction at least
Is fixed by the same instrument
Power to Review.
After referring to the provisions made
for appeal from federal courts of inferior
jurisdiction and from the highest courts
of the several states, the speaker said
But no power Is given to review a de-
cision of the Supreme Court Of the
United States and 1 know of no method
by which this can be done. But the pow
er to review given to the international
prize court implies the power to reverse
| and the Supreme Court Of the United
States, while much given to reversing
the DEGREES Of inferior courts, and some
times even itself, is so little accustomed
to being reversed that. as humble pri-
vate citizen, l would not undertake to say
what answer that court would make to
an application to transmit its record to
the international court. which seems to be
kind of clerks or registrars Office"
He reviewed also the class of cases
likely to be submitted and the rules or
principles of law to be applied in the
settlement OF those cases. In concluding
Justice Brown said: THE moral prog
ress Of the world during the past cen
tury contains in itself assurance that
war will not be declared without SUBJ
stantial cause and until every effort OF
diplomacy has been exerted to avert it,
AS individuals advance in civilization and
refinement they are less likely to resort
to violence to redress wrongs and so
with nations. No intelligent man can re-
view the history of the nineteenth century
without being convinced of substantial
progress in the tone of political action
and gradual elevation Of the race which
must rebound to the peace Of the world
1--WE shall welcome the international
prize court as an important factor in the
maintenance of the general peace Great
reforms are usually Of slow growth, but
If the desire for peace be conceded. the
obstacles in the way of securing it will
in the gradual and progressive enlighten-
ment of the race ultimately disappear.
Views Of Other Speakers.
The presiding officer then introduced
Harrington Putnam of New York. who
spoke on the subject, and referred to
the graceful action taken by Japan in re-
leasing by special favor prizes that mad
been taken and might have been he'd
"Our government did not do anything
like that in the war with Spain.' he said.
Clifford Walton. Ellery c. Stowell and
Secretary James B. Scott also spoke, the
latter referring to the spirit which had
actuated those who had supported and
who still believed in the efficacy of the
International court. "A great prin-
ciple." he said, has been recognized in
the Hague proposition which will ulti-
mately be fruitful Of result" The meet
ing then adjourned.
At the meeting Of the council which fol-
lowed the following officers were unani-
mously elected: Oscar 3. Straus, chair
man Of the executive committee; James
B. Scott, recording secretary; Charles
Henry Butler, corresponding secretary
and Chandler p. Anderson, treasurer Of
the society and Elk odlcio member of the
executive committee.