The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-01-12
Nations Give Favorable COnsid.
Grafton to Knox's Proposal
To Establish a Permanent Ar
bitratiOn Tribunal.
TO TAKE. THE PLACE
OF the International Prize Court
Already Established
In Cases Where That Body Has
No Jurisdiction.

partment officials have received with
much satisfaction during the last few
days tidings leading them to believe
that several of the principal powers
of Europe are considering favora bly,
Secretary Knox's proposal to the ma
tions looking to the establishment of a
permanent international court of ar
bitral justice. While no formal or
definite answers have been received
to the joint note addressed to the pow
ers, diplomats here and abroad recog-
nize the great Importance of the pro-
position from an international peace
standpoint
In discussing the scope and juris-
diction of the proposed court, state
department official familiar with the
plan explained today that it was not
the intention directly to supplant the
international prize court established
as result of the second Hague con-
ference; nevertheless he made 1t clear
that had the court been thoroughly
satisfactory in its operation a new
court would not have been suggested.
The socalled permanent court as at
present constituted is merely a panel
of Judges and experience is held to
have shown that the selection of these
judges is a very difficult task. Besides
that, the tribunal when constituted
decides only the particular case sub
mitted to it and with that decision
passes out of existence; q new case
requires a new tribunal. This tenn
porary character of the court results
in lack of continuity in policy. Be-
cause of the delays incidental to the
erection of each bench and the enor-
nous expense of it's operation, only
six cases have been submitted up to
the present time for it's adjudication.
Present Court Is Limited.
u, -
Jurisdiction and it's very existence pre-
supposes the existence of war; for it
is only in time of war that neutral
property can be confiscated. The ac-
ceptance by the nations of Secretary
Knox's proposal would, it is urged
endow the world with its first truly
permanent international tribunal,
sitting permanently and adequate to
decide the controversies arising in the
circumstances either of peace or of
war.
Secretary Knox's proposal Is simply
to enlarge the scope and character of
the prize court. He considers its com
position satisfactory if not ideal and
he proposes to invest it with the jur-
isdiction and functions of a court of
arbitral justice. thus securing the
adoption of the court as a chamber of
the prize court by a single negotiation.
Although the court would have no pow
,er to enforce it's decisions, experience
| is cited as showing that international
arbitration awards have already been
accepted by the parties and it is argu-
ed that a permanent court of arbitra-
ton would surely have the support of
the public opinion of the world. In the
event of war the propriety of actions
affecting neutral rights would be de-
termined by a tribunal. the overwhelm-
ing majority of which would represent
neutral nations. Neutral interests
would no longer be at the mercy of bel
hgerent privilege.
Reasons for 1t.
The state department official who
presented these considerations in favor
of the court went on to say:
''The acceptance Of this simple devise
would at a stroke. it would seem, re-
aIize the hopes and aspirations of CEN
turies by the establishment at The
Hague of tribunal permanently in
session, prepared to receive and adjud1-
cate all cases submitted to its arbi-
trament. without the difficulties and de-
lays at present incident to the forma-
ton of a temporary court and without
expense to the litigating nations because
the new court would be sustained by
the nations party to it's establish
n1ent.
"The members of the court would be
| fitted by training to 1t as judges; there
would grow up an accumulation of CO.
herent and continuous precedents to es-
| tablish a compact, enlightened and
| self consistent body of international
| law.
'The court therefore. would in the
| highest and best sense of the word be
| a court of peace and it's establishment
would not merely convert arbitration
| into judicial proceeding but the JUS
| tee and reasona ableness of its decisions
| would incline nations to make frequent
use of it. It would not abolish war
but it would settle by judicial means
| controversies which if unsettled might
| lead to war Its creation would there
| fore mark an epoch in international
relations and the United States which
by Jays treaty has practically created
modern arbitration. would endow the
world with an institution calculated tc
MAKE -he resort to arbitration easy, in
| expensive and judicial"