Evening star., 1909-04-23
ROOT TALKS ON ROWS
International Law Society
Wants World Peace Court.
EMINENT JURiSTS HEARD
Arbitration Now Expensive, Declares
John w. Foster.
BIG TRIBUNAL JUST THE THING
Great Lawyers in Session Have Fun
in Their Own Quiet Little
Way.
EMINENT JURiSTS HEARD
ZIG TRIBUNAL JUST THE THING

| Inc necessity Tor StabliShlng a per-
manent international court, where dis
putes between nations might be settled
more promptly and at less expense than
by the present method of arbitration tri-
| bunals, was the subject before the Society
| of International Law at it's meeting in
the Willard today. Senator Root presi-
dent of the society. delivered his annual
address. There was with him on the plat
form Gen. Horace Porter. formerly am
bassador to France. Former Secretary of
State John w. Foster. Secretary Wayne
MacVeagh and Prof F. w. Ayman were
! among the speakers at the morning ses-
sion.
! The hall was filled with eminent jurists
ana students of international problems
| The discussion was serious, but relieved
| from tedium by epigrammatic remarks and
quiet personal thrusts on the part of sew
eral of the speakers. The tenor of the
whole discussion pointed to the neces-
of establishing permanent international
tribunal. 1t was declared that arbitra-
| ton had serious faults and shortcomings.
| ese it marked a great advance
MI IN international relations, but the perma-
thought, prove a still greater advance.
Root Refers to Castro.
| Senator Root, who, as Secretary OF
State, had had SO much to do with vene-
| zuelan questions. raised a decided laugh
| in the course of his remarks by referring
to the many international discussions
that had arisen lowing to the singular
| characteristics of the person who had for
several years occupied the position of
President of Venezuela"
| Senator Root discussed the laws of SOW
| ereignty in the case of individual DOW
ers and said that there were many cases
! In which the power. without relinquish-
| ing any OF It's claims to sovereignty
| must submit questions of equity and JUS
| tice to the Judgment of the world, forced
| to do SO by the weight of public opinion
He said that in this case the system of
choosing arbitrators from the citizens of
| the countries interested. even though
| these choose a foreigner as referee was
| bound to fall short of the best results.
| In this connection he recalled the law
| laid down by Alexander Hamilton that no
one should be the judge in his own
| case.
| He said also that it was not only de-
| sirabfe that justice should be done, but
| that men should believe also that it
| had been done. International law was
partial international tribunal could learn
| what was just in order that nations
should do what was just.
Mr.. Root said:
Senator Roots Address.
| Senator Root took for his subject "The
Relation Between International Tribunals
of Arbitration and the Jurisdiction of Ma
tional Courts" Particular reference was
made to the Drago doctrine. Senator Root
contending that the submission to inter-
national tribunals implies no impeach-
| ment of sovereignty.
| Senator Root admitted that the rule
i hot fvry},n thar hoe bn~,,
tice in national courts their decisions are
not to be held conclusive, and ar5itra-
| tions or other further action may be
called for. had been injurious in it's effects
imputatons upon high officials, and
| tended to destroy good feeling between
nations.
THE better rule would be to avoid the
danger of denials of justice and to pre-
vent the belief that justice has not been
done, which must always possess the
| parties defeated in a tribunal suspected of
partiality." said he. by submit ng in the
| first instance to an impartial arbitra tri-
bunal all such cases as are liable to be
affected by the consideration l have men,
! toned"
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 arbitral tribunal, not for
proof that justice had been denied, but
for rehearing on their merits.
Justice the Only Aim.
Senator Root argued that in interna-
tional law controversy the only question
| is What is just in this case?" Sow
ereigns and presidents, ministers and
department officers are not insulted by q
provision for court to ascertain what
is just. he added because the common
sense of justice recognizes that their re-
lation to the questions which arise be-
tween the government which they con-
duct and others, is such that they cannot
well be impartial" The statement was
made that the same rule could not be ig-
nored In arriving at what is just in an
international case.
Circums eances, such as the general state
| of feeling the resources of the country
and the political Importance of the ISSUE
we're cited to show how impartial inter-
| national decisions might be difficult 10 OBJ
| tain without arbitral tribunals.
IF recourse to arbitration is a reflec-
| tion upon national COURTS said he, 1.-The
people of the United States have been
strangely obtuse. Nowhere in the world
surely, is greater honor paid to the courts
OF justice, yet we have embodied in the
fundamental law which binds our states
together recognition of the liability of
courts to be affected by local sentiment
prejudice and pressure
Reverence for Courts.
He told how the proud. independent
sovereign commonwealths, like Virginia
and Pennsylvania and New York and
| Massachusetts, which formed the Ameri-
| can Urion revered their judges. "They
were prepared to give, and did give, to
| their courts degree of authority over
| them and their executives and legislat ures
| without precedent in the history of free
government; but they also revered JUS
| tice; they priced peace and concord and
| friendship and brotherhood between the
states and their citizens When the ever
| recurring question arises between SUBJ
mission of controversies to international
| arbitration on the one hand and insist
| ence upon the jurisdiction Of national tri-
| bunals on the other. the nations who look
to the trainers of the American Constitu-
| ton as a example of high constructive
| fail to find In their judgment matter to
| arrest their attention and influence their
| action
Never bad Peace"
| Former Secretary Foster spoke of the
many cases that had been settled by in
ternational arbitration. He said that most
Of these decisions were compromises, and
could not be regarded as judicial decisions
at all, being rather in the line of diplo-
macy and expediency. However, he said
one could well quote the saying of Frank
| lin that there had never been 4 good war
or a bad peace. and these cases were all
ternational disputes without recourse to
war