The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-04-23
SEC. ROOT
TALkS0N
LAW
Am erican Society of
International Law in
Convention

Washington, April 23.-The opening
address at the third annual meeting
of the American Society of Interna-
tional Law was made today by Sen
ator Elihu Root of New York, presi-
dent of the society. He took for
his subject The Relations Between
International Tribunals of Arbitration
and Jurisdiction OF National Court"
Particular reference was made to
the Drago doctrine, Senator Root con
tending that the submission TO inter
national tribunals implies no impeach-
ment of sovereignty.
Senator Root admitted that, where
there has been a denial of justice In
national courts, their decisions are
not to be held conclusive, and arbi-
tration or other further action may be
called for.
The better rule would be to avoid
the danger of denials of justice, and
to prevent the belief that Justice has
not been done. which must always
possess the parties defeated in a t1-
bunal suspected of partiality," said
he. by submitting, in the first In
stance, to an impartial tribunal all
such cases as are liable to be affected
by the consideration L have mention
ed"
The reason of such rule, he explain
ed would require that. when such
cases had been decided already by ma
tional courts. and the impartial JUS
tice of the decision seriously question
cd they should be re-Submitted to an
arbitral tribunal, not for proof that
Justice had been denied, but for re-
hearing on their merits.
Senator Root argued that in inter
national controversy. the only queS-
ton is what is just in this cause
Soyereigns and presidents, ministers
and department officers, are not In
suited by provision for court to
ascertain what is Just. he added, be-
cause the common sense of justice
recognizes that their Telation..to the
question which arises between the
government, which they conduct, and
others, Is such that they cannot we'll
be impartial.
IF recourse to arbitration is re-
fection upon national courts. 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 the states together,
a recognition of the liability of courts
to be affected by the real sentiment
prejudice and pressure"
He told how the proud common
wealths. liloe Virginia and -Pennsyl"
vania and New York and Massachu'
setts revered their judges.
"They were prepared to give, and
did give to their courts degree OF
authority over them and their eXecu-
tives and legislatures without preeed-
ent in the history of free govern
ments; but they also revered justice,
they priced peace and concord and
friendship and brotherhood between
the states and their citizens. When
the eyer.recurrinG dispute arises be-
tween submission of controversies TO
international arbitration, on the one
hand, and insistence of jurisdiction OF
national tribunals on the other, the
nations to look to the trainers OF the
constitution as an example OF high
constructive craftsmanship and Wis
DOOM should not fail to find In their
Judgment, matter to arrest their AT
tention and influence their action.