Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-01-12
SUBMITTED TO POWERS
Plan to Make It Permanent, With
Regular Sessions.
o BE FIFTEEN
JUDGES
Members to Be Selected Prom the
Leading Maritime Nations and
Their Decisions to Be Final.

- itn udy dSo ScCIGtdEy IAuUA gave
to the press an abstract of a circular
note addressed to the powers represented
at the recent naval conference at London
proposing modification Of the interna-
tional prize court adopted at the second
Hague conference and the enlargement
OF its jurisdiction by investing 1t with
the Jurisdiction and functions Of a court
of arbitral justice. Although no formal or
definite answers have as yet been re-
ceived to this note, there is reason to be-
lieve that the proposition is being care
fully considered by several OF the lead
ing powers OF Europe.
The importance of this proposition from
an international peace standpoint can
hardly be overestimated. In commenting
on the proposition today a State Depart
ment official declared that 1t was not the
intention that the arbitral court should
take the place of the permanent Hague
tribunal. He added that had the perma-
nent court been thoroughly satisfactory
in its operations a new court would not
have been proposed. The So-called per-
manent court is panel of Judges, and
experience, 1t is said, has shown that the
selection of these judges is a very diff
cult task. The tribunal when constituted
decides the case submitted and with its
decision passes out OF existence.
Lacking in Continuity.
A new case requires new tribunal
and there Is thus lacking both connec-
ton between the old and the new tri-
bunal and continuity In their decisions.
The expenses of the constitution Of the
court and the honorarium of the judges
are borne by the contending nations and
it costs approximately $4,000 to try
case before the so-called permanent court
at The Hague! By reason Of the delays
instituting the court and the expense in
cident to its operation, report to 1t is
somewhat difficult and expensive. The
result is that up to the present only six
cases have been presented to It for de-
cision. The establishment OF the court
OF arbitral justice, it Is declared. would
obviate these difficulties. 1t would be
constituted in advance and permanently
in session, for it is provided that the full
court shall meet once year and that
delegation, shall be selected by the full
court and obliged to reside perma
nently at The Hague during the year
for the decision of any and all cases
presented to it. Should they be suffi-
ciently important to Justify 1t. the dele
cation Is empowered to summon the full
bench. or upon the request of either par
ty to the controversy the full court must
be summoned.
The acceptance Of Secretary Knoxs
proposition would not only secure the es-
tablishment Of the court of arbitral JUS
tfce. but 1t is declared would endow the
world with its first truly international
and permanent court competent alike to
decide cases arising In peace as well as
controversies springing from war. AL
though the court is not armed with power
to enforce its decisions. experience, it is
said, shows that an agreement to arbi-
trate is sufficient. All arbitration awards
have been accepted by the nations. and il
an adequate court of arbitral justice were
permanently in session it Is assumed
that public opinion would compel ma
tons to submit their controversies Of a
legal nature to arbitration, which diplo-
macy had been unable to adjust be-
fore they had reached an acute stage and
reused the passions Of the contending par
ties.
Fifteen Judges.
This tribunal, the constitution Of which
fifteen Judges. eight Of whom are to be
commercial nations OF the world. namely,
the United States Austro- Hungary
France, Germany Great Britain, italy.
Japan and Russia. The judges. are to
sit during the life of the convention,
which. for the present, is six years. sub
ject to renewal. The remaining judges,
consisting Of seven, are selected in ac-
standing of the other nations and are
to serve for a longer or shorter period
In accordance with the table annexed to
the forming part OF the prize court con-
vention.
The advantage of this method of pro-
cedure consists. il is argued in the fact
that in war between two countries the
propriety of their actions affecting neu-
trail rights will be determined by a
tribunal of which the overwhelming ma
jOrfty are neutral, SO that the neutral
interests are no longer to be at the
mercy of beiligerent privilege. 1t is de-
clared that the establishment OF the
tribunal marks great step In advance
by permitting neutrals to safeguard their
own interests and by carefully considered
decisions to prevent future conflicts.
The prize court is a court OF limited jur-
isdiction and it's operation presupposes
the existence of war. for 1t is only in war
that neutral property can he captured and
confiscated. Secretary Knox has pro-
international prize court by investing II
with the jurisdiction and functions of a
court of arbitral justice. so that II will be
permanent In fact as well as I'm theory,
sitting alike in peace as we'll as In war
and competent to decide all questions OF
a judicial nature. whether they arise out
of war or in peace. Secretar' Knox con-
siders the composition of the prize court
satisfactory, If not ideal and proposes to
invest the court with the jurisdiction and
functions of the proposed court of arbitral
justice. thus securing the adoption Of the
court as a chamber of the prize court by
single negotiation.
The Hope Of Centuries.
In an interview today an official OF the
State Department said: