The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-06-14
The Greatest Of Lawsuits.

ton in The Hague thirty-five lawyer
are engaged in the trial Of the creates
lawsuit in tho world. Whether war
shall become lees and les frequent snc
finally cease altogether; whether tn
powerful nations Of the earth shall evel
be able 70 obtain relief from the intOler,
able burden Of increasing armaments OF
land and SEA; WHISTLER the sword shall
ever really give place to the plough.
share without the sacrifice Of national
honor in international disputes -thess
are questions which will largely be an
swered by the conduct Of the North Al
lAntio coast fisheries arbitration nov
pending At The Hague and the outcome
Ofthat supremely important litigation.
In computing the entire number 81
those concerned in the case at thirty
Eve We include not only the Judges and
the senior and junior counsel and at
tomeys but the secretaries, clerks and
assistants Of every grade named in the
ohicial protocol or bulletin II the PRO
oeedings. The Judges are Ave in num-
her The president Of the tribunal IA
Mr. H LAAIAGAscH. an eminent Austrian
puhlicist, who holds a professorship in
the University Of Vienna and h a mem
her Of the upper house 81 the Austrian
Parliament. Il Ia 70 be noted that he
hears no title, but IL dssignEtsd in the
ofhcial record simply a. Mr.. LANIMAsCH.
NEXT in order Of precedence in the proto-
ool comes hi EKceIlency A. p. On sA-
voRNIN JoHNIAN. Minister of State Of
the Netherlands and member Of the So
ond legislative chamber IN that country.
The third arbitrator b the Hon. 0EoR0R
GRAY Of Delaware. one Of the Judges Of
the United States Circuit Court Of Ap-
peals. recognized a. one Of the ablast
lawyers on the Federal bench. Canada
u represented on the tribunal By Sir
CHARLES FITzPArRIcK, the Chief jus
tice Of the Supreme Court Of the Domin-
ion. and the fifth Judge IL Mr.. LUHs
MANIA DRAGo. formerly Minister Of
Foreign Affairs in the Argentine Repub-
lie. who Il probably the most distin-
guishsd jurist that South America has
ever prodnced.
The leading counsel on the American
side is Senator ELIHU RoOT Of this State.
The leading counsel for Great Britain
IL Sir WILLIAM s. RoBsON. the Attorney
General Of England. Great Britain
holds the Affirmative Of the case. The
argument vas opened on Juns Q By Sir
RoBEET FrNIAY. X. C., and will be closed
perhaps two months hence by Mr.. RoOT.
Then viii follow the elaboration of the
Judges and their decision. The volume
Of The documentary evidence 10 be sub
mitted 70 thsm IL immense: and an ads-
quaas analysis, discussion and oonsidera-
ton Of IL win involve the exercise Of the
most painstaking industry and the high
est legal and judicial ability.
We have spoken Of the controversy a.
. litigation and We characterize Il a the
greatest Of lawsuits because We desire
20 emphaGize the distinction between the
diplomatic adjustments Of international
differences which have sometimes been
Disseminated arbitratiOns, but have not
bean strictly judicial, and the strictly
judicial investigations and determine
tons which are contemplated in the e.
tablishment Of the Permanent Court Of
Arbitration At The Hague. In dipIo-
matte arbitrations considerations Of a
diplomatic character may enter into and
influence or control the award. The
arbitrator, q monarch for example, may
hase hiS decision upon what he ccnoeivos
10 be tho best interest Of the parties from
the point Of view Of broad diplomacy,
irrespective Of the rules Of international |
law. A Judicial tribunal, however, csn-
not properly deal with the questions be-
fore Il after the manner Of diplomatAsts.
Il is bound 70 decide according 20 the
principles, doctrines and rules Of law
which are applicable 20 the case IN hand.
whatever may b the result diplomsti- |
taay. No other standard can serve A
q guide 70 dsesrninations which will
satisfy international dlsputants; no other
win possess a SUFFICIENT element Of i1itv.
The canohs q international law are
none too firmly and clearly formulated
and established. but they are capable Of
iairly Ineligible statement and appl-
cation. The oanOns Of diplomacy, on
the other hand, in the case Of any par /
ficular nation are almost NJ variable a.
rs interests may dictate.
The essential element n strength In 1
Tho Permanent Court Of Arbitration a
The Hague II Il fulfls the antioipations
n 10 founders, ia this recognition Of law. h
IN 10 brOadest and highest sense. a. the
.ouchstone of right and wrong in inter
rational controversies. In the North
Atlantic coast fisheries arbitration II
Treat Britain h ~ prevail Il must be
Jecause under the recognized rules n /
International and municipal law az ap-