The Prescott daily news., 1915-06-21
WORLD POWERS LEAGUE OF PEACE
Ex-President, Who Will Pre- side at Coming Conference, Sets Forth Planks
 of Platform.


 bitration which has now grown to be an established custom for the dispo sition Of controversial questions be tween Canada and the United States Is another confirmation of the practica character of such a court.
 "Eecond.-We must recognize, how ever, that the questions within tn, jurisdiction of such court would cer tainly not include all the questions tha' mtxtt lead to war. and therefore w. should provide some other instrument tality for helping the solution of those questions which are nonjusticiable. This might be commission of concil- iation, commission to investigate the facts, to consider the arguments on both sides, to mediate between the parties, to see if some compromise can not be effected and finally to formulate and recommend a settlement. This may involve time, but the delay, in- stead of being an objection, is really one of the valuable incidents provid- ing for the performance of such a function by a commission. We have an example of such a commission of conciliation in the controversy between the United States and Great Britain over the seal fisheries. The case on it's merits as q judicial question was de- cided against the United States, but the world importance of not destroy ing the Pribilof seal herd by pelagic sealing was recognized, and q compro- mise was formulated by the arbitral tribunal, which was ultimately em- bodied in a treaty between England Russia, Japan and the United States. Similar recommendations were made by the court of arbitration which con sidered the issues arising between the United States and Great Britain in re- spect to the Newfoundland fisheries
 Would Have Conferences.
 Third. rd.-pcrlodicalc should be held between the members of the league for the decara ton of principles of international law This Is really q provision for something in the nature of legislative action by the nations con-
 
 The principles of international law are based upon custom between nations es- tablished by actual practice, by their recognition in treaties and by the con SenSuS 'i great law writers. Undoubt- cuiE the function of an arbitra court Established nS proposed in the first of the above suggestions would lead to good deal of valuable judge made in ternational law. But that would not cover the whole field, and something in the nature If legislation on the sub ject would tc valuable supplement to existing International law. It would be one of the very admirable results of such a league of peace that the scope of international law could be en- larged in this way. Justice Holmes. in the case of Missouri versus Illinois, points out that the supreme court in passing on questions between tue states and Tn laying down the prinCi- pies of international law that ought to govern iu controversies between them should not and cannot make itself legislature But in league of peace there is no limit to the power of in- ternationa conferences of the mem- 1 bers in such a quas-legislative course except the limit of the wise and the practical.
 Benefit to America.
 "Fourth.-Tbe fourth suggestion is one that brings in the idea of force. In the league proposed all members are to agree that If any one member violates its obligation and begins war against any other member without submitting its cause for war to the arbitral court, if it Is a justiciable question, or to the commission of con ctliation If it is otherwise, all the members of the league should unite to defend the member atta cked against war waged in breach of plighted faith. 1t Is to be observed that this does not involve the members of the league iii an obligation to enforce the Judgment of the court or the recon mendation of the commission of con ciliatiOn. It only furnishes the instru- mentality of force to prevent attack