Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-04-23
NATIONAL COURTS
AND ARBITRATION
Senator Root Discusses Their
Relation Before American So
Ciety of International Law.
GREAT OBJECT is JUSTICE.
Sovcrcigns and Presidents Not Insult-
Cd by Provision for Court TO
Ascertain What Is Just

washington April 23-Important
phases OF the international law viii he
discussed az tho third annual meeting
CT the American Society Of Information
al law. which begins IFS third annual
meeting here today. The session VIII
continue FOR two days. Among tGe
speakers viii De men OF international
reputation on such questions as the
growth Of the American system OF in
ternational law as compared with uni-
versal International law; the powers
which an International court OF arb-
| tration should possess. political ofienses
ANA international extrudition and tho
/ cOdincdUOn OF marine International law.
Senator Root. president OF the So
clety. opened the meeting today, taking
4 for the subject of bis annual address
"lhe Relation Between the Jurisdiction
of National Courts and International
Arbitration This was followed By
discussion of the topic Arbitration az
"a Judicial Remedy" among those TAX
ing part In The discussion being former
Secretary of state John W. Foster,
who dealt with English and American
cases Of arbitration. as did also Prof.
T. W Aymar OF the New York Uni
Nersity law school, Wayne MacNeagh
matters of arbitration. while Senior
Luis Anderson, late special envoy from
Costa Rica TO the United States. cow
cred latin American cases.
President Taft who is one OF the vice
presidents Of the society, viii receive
the members at the White House to-
morrow afternoon. and the conference
viii close with banquet tomorrow
night.
SENATOR ROOTS SPEECH.
Particular reference was made 20 the
prago doctrine Senator Root contend
ing that tho submission 20 internal
tional tribunals implies no impreach-
meut OF sovereignty
Senator Root admitted that where
there has been a denial OF Justice ln
national courts thcir decisions are not
20 be held conclusive and arbitration or
other further action may be called for.
The better rule would be to avoid
the danger Of denials OF justice aud TO
prevent the belIef that Justice has not
been done, which must always possess
the parties before tribunal suspected
/ OF parualitv," said he. by submitting
| IN The first instance 70 an impartial tr-
bunal all such cases as are liable 10 be
affected By the consideration have
mentioned
The reason OF such rule, he explained.
would require that when such cases had
been decided already by national courts,
and the impartial justice OF the decision
seriously questioned. they should be re-
submitted to an arbltral tribunal not
for proof that justice had been denied.
but for rehearlng ou their merits.
Senator Root argued that in interna-
tional controversy, the only question is
what Is Just IN this cause sovereigns
ana presidents. ministers and depart
mcnt officers, are not insulted by
provision for court TO ascertain what
is just he added, because the common
sense OF justice recognizes that their
relation TO the question which arises
between the government which they
conduct and others, Is such that they
cannot well be impartial"
III recourse TO arbitration is a re-
iection upon national courts, the poo-
pie OF the United states have been
strangely obtuso Nowhere In the
world surely. is greater honor paid 10
the courts of Justice yet we have em-
bodied in the fundamental law which
binds the states together "a recognition
OF the liability OF courts 20 be anccte
by tho real sentiment. prejudice all
pressure. He told how the proud com
monwcalths, like Virginia ana Pennsyl-
vania and New York aud Massachu-
sets rcyered their judges.
They were prepared % give. and ala
give % their courts "A degree Of au-
thority over them and their executives
and legislatures without precedent in
the history Of free government. but
they also revered justice; they pr zeJ
peace and concord and friendship and
brotherhood between the states and
their citizens When tho ever-recurring
dispute arises between submission of
controversies 70 International arbitra-
ton on the one baud and insistence Of
jurisdiction OF national tribunals on tina
other. the nations 10 look % the franz
crs o. the constitution as an example
Of high constructive statosmanshop ANA
wisdom should not fail 10 ind I'm their
judgment matter 10 arrest m a. a.-
tentiou and influence th0r action"