The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-12-28
WAR AND ARBITRATION.
Distinction Between Legal and Politl.
cal International Questions.

Distinction Between Legal and Politi.
cal international Questions.
To II EDITOR or THE SuN-sk: In
these times Of stress and storm caused
by the Old World war, in which
some fifteen sovereign and indepen-
dent States are now engaged, 1t would
be well for the American people to
pause long enough to recognize q sim.
pie fact: namely, that the history Of
the world since the thirteen Colonies
declared their independence shows
clearly that the questions Of dispute
which now arise between nations that
cannot be solved by the ordinary
means Of diplomacy resolve them
selves naturally into two broad classes.
legal and political cases. In one of
these classes ~ the causes OF dis
agreement upon whose solution de-
pend the future political power and
prestige Of none Of the nations par
ties to any given dispute. while in the
other category fall the cases upon
whose eventual solution the future
political power in the world Of n
or more Of the States connected with
any one question depends.
Historic examples of these two
classes Of international cases are the
Alabama claims and Bering Sea fur
seal cases for the first kind of these
two classes Of disputes. that is legal
cases. and the Franco. prussian war
in 1901 and the nresent Old World
war are examn,es NJ tho second class.
that "a uoutical cases In both the
Alabama claims and tho Bering Sea
cases the future force ana mower in
| tho arairs NJ tho uor,d ~ neither tho
I-n,,ed state. NOR Tho british E.mpire
u,or. ov.r r.ro,a,,, I,nnor,jied by tho
deci.,ons NJ The Geneva or pari. in
,errotionaI trthuroI, II was not
r,h,oh -, ,.o,. to- ,o.,or, wos IN.
.,ronr.r ,ha, r.as n, ,,aLe In those
me cosa. h,, y,hich u,os ,,ybt accord.
Co... 20 ~. nr,rcinio. ~ tho law no
,ns.n natians In ,ho casa Of tho
r,or bou.ver the
ro,, ro,r, a, ,s,ro n,,. whetber Franco
~ rornory sho,,,d no.se.. tho ron.
.ro,,,nr -. A., .han,ru IN. no,itica,
d.yo,,n,par, ~ contirant,l E%urope.
,us, a., ,o.d.y tho rea, fundamental
nuas,,o, n, d,.nu,e between the two
oro,ns ~ Euron.an ra,i,ns which arc
or. nnIed In , mad orgy ~ dest r,,ction
a, ,,i,. -, ~. na,io,s ~ E,,rona .bali
hoyo ~. Iaadar.h,n q, deciding the
no,,,,coI aroIr. ~ L,,,rone or An other
u,ora. NH .haI bava the newer 10
o,rono. a ,argo nor, ~ tho commerce
~ he world yor ito own narticu,ar
advantage In neither of these two
latter CAGES could tho ,ndamenta
c,,.ss ,h.t ~nrecjnItatad tho war have
m,s,,,n q, either d,snute IN an inter.
r~ationa, ,rihuna, pamed al hoe or
a,o. "a .rnrom. co,,rt ~ tho nations
had one existed. For by no possibility
could anv judicial r,huna have do.
cided IN either case which side was
tho stronger and consequently en-
titled 10 have what i, desired to the
exclusion ~ tho other PARTY To the
n,srnat;ona disnute
So while international judicial tri-
hun.Is .ncb as tho Geneya tribunal
which ,udyed tho Alabama claims or
~. ,n,orra,iora, court, which "a, NJ
par,e IN tho Rerlpy Sea- case have
nroy.a nrec;ous .ruments for keen
inc the peace 20, nations in all
casos wherc tho rival nations were not
contendinr for political superiority. the
MANY wars of the last fifty wears
a~hundant,v nrove that where the rival
nations are contending for political
sunremacy in the world. which to-day
means underneath commercial SUI
premacv a clash Of arms cannot in
The e,d be avoided.
This distinction in the questions OF
disa between nations began
- Il. ,,,,od halo , car,,r,. s;pco ,rd