The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-01-06
KNOX AIMS
At PEACEFUL
SETTLEMENT
s-s*.--s~
Addresses Note to Powers
: Advising Prize Court of
Arbitral Justice.

WASHINGTON, Jan. with a
view of making international arbitra-
ton judicial in fact as we'll as in the
DRY, Secretary Knox has addressed a
circular note to the powers proposing
that the jurisdiction of the interna
tional prize court be authorized in
1907 by The Hague peace conference,
be extended so as to make it a court
of arbitral Justice
This note was dated October is, 1909.
No responses have been received. A
statement explaining the contents OF
the note and reasons why the proposal
was made was given out tonight by
Secretary Knox.
The international prize court was to
be composed of Is judges. eight to be
chosen from the larger maritime coun-
tries, Germany, Austria Hungary.
France, Great Britain, Italy, Japan
and the United States, to serve six
years. Other judges We're to be chos-
en- from other nations and were to
sit for longer or shorter period, as
determined by the maritime standing
of their respective countries.
KNOCKS Statement.
In his statement Secretary Knox
says: -...f .-t
The advantage of investing the prize
court with the functions of a court of
arbitral justice needs no argument,
because it is obviously easier to util-
ize an existing body than to create a
new institution, and, as the judges of
the prize court must necessarily be
versed in international law, they
could we'll be entrusted with any. ques-
ton susceptible of arbitration. The
propositions has the very great adj
vantage Of providing the nations
with a permanent court of arbitration
for the peaceful settlement of con-
troversies in time Of peace, whereas
the prize court, as such. pre-supposes
state of war, for without war the
capture of property is illegal.
utilizing the method of compost
ton of the prize court by thus invest
ing it with the jurisdiction and func-
tons of a court of arbitrai justice
would constitute this latter tribunal,
and the world would thus have. for
the states freely consenting to and &C
cepting the proposition, one lnterna-
tional judiciary to adjudge cases arls-
ing in peace as well as controversies
springing from war. The court would
thus be permanently constituted and
would in reality be permanent; ObVlat-
ing the delay involved in the creation
of a temporary tribunal and develop
ing international law by series OF
carefully considered precedents by
Judges carefully chosen and acting un-
der a sense of judicial responsibility
Would Be judicial in Fact.
"a reason would not merely be, as
both Hague conferences have said,
the most efficacious and most equlta-
BILE method of settling disputes which
diplomacy has failed to adjust, but
would be judicial in fact as well as
in theory. -.
Secretary Knox proposed that ma
tiOns confronted with constitutional
objections in the matter of direct APP
peal from their national courts 10 the
prize court might present. instead OF
the Judgment of their national courts
the question involved in the capture
at issue; that the proceedings In such
a case should be in the nature OF d
retrial de novo and that the Judgment
of the international prize court should
no limited to the award of damages Tor
illegal capture.
AS constituted by The Hague con-
ference. the prize court was TO De Il
court of appeals, either from the. orig
inaI national court in which the case
was tried or from the Judgment OF us
appellate court.
..The United States has not SUP
mitted Judgment of it's court 10 inter
national tribunals" explained Secre-
tarv Knox ."although 1t has 1requeh.iH
presented questions involved III us
courts to mixed commissions, ana Hats
nromptly paid the awards When -liie
decision of the mixed commission has
taxed the United States with iiapli'
;tv not found by it's national court
AnneaI from court of the Uhlteu
States might raise a delicate ana oll-
ficult question of constitutional Id"
and render difficult if not impossipie'
the ratification of the prize court oy-
the United States.
"The difficulty is one of form rather
than substance, for. whether the
nrinciple involved in the Judgment pe
decided OF the judgment Of a nationai
oour+s he submitted, the result VIII De
the same. namely, a decision upon the
legality Of the, capture"
A-~-