New-York tribune., 1910-01-06
KNOX SUGGESTS 1T TO
THE POWERS.
Urges Enlargement of Hague
Prize Tribunals Functions
Plan Vel ReceiCed.
tFrom The Tribune Bureau. ]

toward the establishment OF an n-lnterna-
tional arbitraI tribunal for the adjudi-
cation OF differences between the powers,
Secretary Knox has addressed circular
note TO the governments signatory TO the
last Hague convention. proposing that
the international prize court established
by the conference be invested with the
functions and jurisdiction of such tri-
bunal
The note was sent out several weeks
ago. and the State Department is await
ing the replies of the foreign govern
ments. II is expected that Great Brit
ain. France and Germany, which practi-
cally gave their assent to the creation
Of such 4 court at the last peace confer
ence. VIII indorse the proposal of Secre-
Iary Knox, and that their action will be
the signal TO the other governments to
fail into line If the plan succeeds it
VIII mark the completion of the most i'm
portant step vet taken toward making
international arbitration a fact instead
of a theory.
THE FIRST ANNOUNCEMENT.
Despite the fact that Secretary Knox
announced his action at dinner Of the
Pennsylvania Society in New York
nearly a month ago, it has escaped gen
eral attention. This was not unnatural,
for the speech was made on Saturday
night, when all the newspapers go to
press earlier than usual. and no extended
report Of his address was possible. Two
weeks later ex-Ambassador Choate
commended the plan in a speech before
the Union Club at New York
In his speech Secretary Knox said:
AS distinct from the conferences called
for economic. commercial or moral pur-
poses, political conferences have beer
very frequent in the last two centuries.
At first they met at the end of war to
conclude peace. More recently still. in
deed. within the last generation confer
ences have met within time of peace TO
devise means for preserving peace in
stead Of deVising rules for future war
fare. These conferences have had one
point IN common, namely, that the ter
nination Of war by the conclusion OF
peace. the regulation Of eventual war
and the settlement of difficulties without
. resort 10 war. are matters of interna-
1ional concern. However important the
acts of these conferences. the fact OF
their meeting even more important.
for il Is evident that the common intssr-
est of the nations is being recognized
that unity Of action in Internal tional mat
ters may yet control the unrestrained.
unregulated or isolated action of inde-
pendent states.
In 1897 the Hague Peace Conference
adopted the Joint project of the United
States. Great Britain. France and Ger
many for the establishment of an in
ternational prize court whose jurisdic-
tion, as its name implies. extends TO
cases OF prize which can only arise dur
ing a state Of war.
Very recently the State Department
has proposed in a circular note to the
powers. that the court should also be in
vested with the jurisdiction and func-
tlons of court OF arbitral justice The
United States, as the originator of this
project is confidently, vet anxiously,
looking forward 10 its acceptance by the
powers which viii give to the world an
international judicial body to adjudge
cases arising in peace as well as contro-
Versies incident to war.
L. s. GAVE FIRST IMPULSE.
The first impulse in the direction of
the establishment of an international
peace court originated with the United
States at the last Hague peace confer
ence. When the proposal waG made to
establish q court free from political in
fuences ii was received with misgivings
by most Of the powers, which could not
conceive of a court free from political
influences. At the suggestion of Secre-
tary Root, he commission pointed out
that most cases of ordinary arbitra ton in
which an outside government or sovereign
was called upon TO adjust the differ
ences between two contending govern
ments. and in which political considera-
uons We're not always present. resulted
in a compromise; whereas, in the hands
of experienced lawyers. the result would
be determined by the facts and equity
This suggestion had its effect at once
and the plan was more favorably con-
sidered. The international prize court.
however. was the nearest approach 20
such a tribunal then achieved BY en-
.larging the powers of this tribunal,
which is already established. it is be
lieved that the initiative of the United
States Will obtain the desired result
il is pointed oat that had such a court
been in existence the slight friction be-
tween the United States and Chill over
the Alsop case-which is TO be settled by
King Edward-would probably have been
avoided, as both countries were from the
first disposed 10 arbitration, and re-
course would naturally have been had
10 the international court, and that the
boundary dispute between Bolivia and
Peru. which threatened To disturb the
peace Of South America, would never
have reached such extreme ends.
THE NOTE TO THE POWERS.
The following resume Of the note ad-
dressed 10 the powers was made public
al Tho State Department this evening:
The advantage Of investing the prize
court with the functions Of a court Of
"fbliral Justice needs no argument be-
cause II Is obviously easier Ia utilize an
FhlS'lng BODY than to create new in
huiutlon, and as tie Judges of the prize
"'urt must necessarily be versed I'm in
t'ihatlonal law, they could well be in
HuslFd WIN any question susceptible of
"fpliatlon The proposition has the
Neiy great advantage of providine fba.
intlons WIN a permanent court of ar
atoh Tor the peaceful settlement of
ts 'u " s@Fsles IN times Of peace: whereas.
INC Iflze court. as such rresunnoses :,
stare "f war, for without war the canture
81 property Is illegal
ItiIhg the method of comnosifjon
% me prize court by thus investing il
with the jurisdiction and functions ef :
court Of arbitral justice would constit,,te
his latter tribunal. and the world would
thus have for the states freely coneent]
ing 10 and accepting the pronosition ono