The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1913-05-15

And While Code IS Needed
General Broad Rules Are
Suggested.

Il j -.
/ MOHONK lake. n Y. May l5:--
Settled rules or procedure for inter
national peace courts were urged to-
day by Arthur X Kuhn OF the New
York bar, at the annual meeting of
the Lake Mohonk conference on In4
ternationaI Arbitration. Mr.. Kuhn
declared that shortly after the decision
of the Hague Tribunal IN the Japan
sese House Tax case one of the coun-E
llsei for Japan told him that he doubt
ed whether his country would ever
again enter into an arbitration at the
Hague unless the procedurs of the
court was established by internations
al convention or agreed upon before
hand.
THE experiences of actual warfare
Issip1e the conference of 1899, : said
Mr.. Kuhn, do not encourage, us IN
believing that where the rules inter
fere with the game. the combatants
twill continue to adhere to them
I4scrupulously. There are no such
dangers in the process Of reclining the
rules for the peaceful wager Of arbi-
stration. ON the contfary. the more
definite the regulation sof the judicial
iarbitrament the more readily viii
nations have recourse to 1t. 1T is
therefore inathis field of labor ofsthe
conference thpttthe neafest hopes are
centered ana sEye. may say with
| ontr AeSas geFat non St fltt here the greats
est prog ress mas been mad and ts to-
BE made.
ssince the second Hague conference
much attention has been devoted to
The deEelopment eof settled rules of
procedure beforesthe existing tribunal.
instead OF having the procedure de-
termined for each case by the tribunal
|sitself. 1t has been said that the time
is ripe for an international code of
arbitral procedure applicable TO both
the existing and the proposed court.
am quiteAwilling to4agree@ that the
practice of the tribunals which have
already been constituted under the
existing convention has DEVELOPED
/ the necessity for permanent rules of
practice tinsthe submission of case and
countercase, the order of debate, the
manner OI.EpTtscht1h8Se SAAaNheS s1AASe ,
the like. The experience of the prae-.
ticing lawyer leads to the belief that
codes which are not founded upon
long established practice are apt to
be shortliyed. 1t is for this reason
1T would be inadvisable to crystalize
the practice of the court as whole
in the form of "a code. However, cer4-1
tain broad, general rules, essential in /
the orderly, submission of all contro-
versiesss should be established for both
the existing and the proposed court.
sAs to the successful sestabli shmentl
of the proposed court: We know that
the principle of the court was agreedd
upon at the second Hague confereneei
and that it failed of actual establish Il
ment only by reason of disagreement;
as to the size of the court and the
manner of choosing the judges. In
order to have the largest possible
representation of .various, atoms
upon the. court, 1t is, mamie testify neces-
sary to have large number of judges.
The number of fifteen does not seem
sufficiently large to give this repre-
sentation. We see no reason why the
nations should hesitate to establish a i
:iargers court, both because there y is 3
in numbers and further FUR, err. b S5l
cause in the event OF a. a divided court I
there is likely to be less dissent or
dissatisfaction with a numerous ma
jority.' go s.fF Is ga5.,,