Evening star., 1913-12-06
COURT OF NATIONS
THOUGHT FEASIBLE
Tribunal Would Crown Judicial
Systems of World, Says
H. B. F. MacfarIand.
ALL DECISIONS COULD BE
ENFORCED, 1T IS SAID
Taylor Proposes Diplomatic Confer
ence to Settle Canal
Dispute.

Dispute.
All lawyers should have q special in
tcrest iii the establishment OF n real
court for administering justice between
nations. Such u court would crown the
judicial systems of the world and, ac-
cordingly, strengthen the reign OF law
among men, So declared Henry y. +.
Macfarland, who presided over this morn
ing's meeting of the American Society
for the Judicial Settlement of 1nterna-
tional Disputes, at the Shoreham Hotel.
THAT is why it is well worth while for
busy lawyers to take time for such CON
ferences as this, and for the 'exertion OF
their influence upon public opinion, which
is the real sovereign of the world.
Cause Is Advancing.
Surely and not slowly, as nations
count time we are advancing toward the
attainment of our object. 1t may come
quickly before the next Hague confer
ence, whether that be in 1918 or 1916. IT
may come by the act of the eight great
powers and Holland, the host of the con-
ference.
"Once established. with suitable judges.
the court will vindicate it's right to be-
as did our own Supreme Court When
John Marshall became Chief Justice. Not
only the heart, but the head OF every in
telligent man and woman everywhere
may well enlist when 1t hears of our
cause, for it is the cause of justice and
of peace" said Mr.. Macfarland.
Favors Code of Laws.
Edward A. Hartman of New Haven,
- ION, of into
national law as an aid to international
tribunals, said that 1t was essential that
the rules to govern such tribunal be
known beforehand to parties contemplat-
ing the bringing of questions before the
court and that the "code idea" to guaran-
tee this fact possessed many advantages
over any other. He said it was essen
tial that the code shrould be as simple
as possible. He also gave as his opinion
that it was not too much to hope that
the present president and vice president
Of the society may live to see the COM
pletion of both court and code.
Discuss Public Opinion.
Public opinion, it's possibilities and
limits, in the work Of establishing the
court and of controlling the sanctions
thereof, was discussed by William Dud-
ley Foulke of ..ichmond, Ind, and John
K. Lord Of Hanover. N. H., both OF
whom said Mr.. H. B. F. Macfarland.
needed no introduction to the audience.
Mr. Foulke gave as his opinion that to
buttress public opinion treaties must be
entered into that the DEGREES OF the
court shall be sustained, for the reason
that an explicit promise invariably bore
greater weight than moral obligation,
with nations as with men.
Question Always Raised.
Horace G.. Macfarland of Washington.
in his discussion of the enforcement OF
the decisions of the proposed tribunal,
said that in such connection the question
was always sure to be asked, How are
you going to enforce your judgment?'
and that this query. generally given In
tone of pity, was supposed to blast the
scheme.
International law is not, however, a
command of i superior to interiors, car
rying with it an obligation under a
penalty he said, but is the system OIL
rules that by common consent govern the
soc4etysof nations. He dwelt on the fact
that, like a community. the nations are
bound together with common Will and
a common standard, each being student
and debtor of the other, and that a sys
tenn of customary conduct exists in every
community and creates sanction less
than legal but more than mercy moral
to secure observance of general stand
dIQS Ol COuuuCl Wltuodt Oily iuColAoii VI
resort to force.
Ways to Enforce Rulings.
He discussed the three main groups of
means by which enforcement of decisions
could be guaranteed, as follows:
First, forcible execution, which includes
such measures as reprisal, hostile en-
barge pacific blockade, intervention and
retorsion.
Second, security in advance. or the
seizure of property subsequent TO award.
Third, commercial pressure including
the boycott, the tariff, refusal of credit,
| money pressure and ostracism
Arbitration Successful.
The question is,'' concluded the speak
er, ARE or are not the means above
| named sufficient to prevent such glar-
ing act of bad faith as the reputation of
| the Judgment of the proposed court by a
| nation that has voluntarily submitted to
| its jurisdiction? Experience proves the
| correctness of an affirmative answer.
More than $50 cases of arbitration have
been had in the last hundred years, and
| in no instance has an award been repu-
| dated by q pa. ty to the submission"
An international diplomatic conference
as means of bringing about amicablc
| settlement of the controversy between
Great Britain and the United States over
the Panama canal tolls issue was pro-
| posed in an address by Hannis Taylor
former American minister to Spain, at a
| session Of the conference last night
| Mr.. Taylor did not agree with the view
| expressed by Joseph a. Choate, former
ambassador to Great britain, that the
| United States should repeaI the tolls
clause of the Panama canal act or sub
| init the matter to arbitration. Either
method" said Mr. Taylor. lis at the
| present time an ABSOLUTE impOssibility.'
He added that every day settlement Of
/ the controversy was delayed made II
more difficult to handle.
Discusses Limitations.
| Prof Phillip Brown of Princeton Uni-
| versity discussing Limitations of
Arbitration declared that the great
danger in this country at present is
that too much is being made of arbitra-
| tion, Turing the public to believe that
1 arbitration is a cure-all. This, he said.
might lead the country into sweepine.
| concessions that would be unwise.
\ I'm the great movement for world
peace" said Mr.. Brown, "the speciaI
duty of the United States would seem
| 10 be the supremely difficult thn,Igh
| inspiring task of helping to bring
closest harmony among the nations Of
this part OF the hemisphere"
Tribunal Best Solution.