The Prescott daily news., 1915-06-19
WORLD POWERS
 LEAGUE OF PEACE
Ex-PreSident, Who Will Pre- side at Coming Conference, Sets Forth PlankS
 of Platform.

LOl IllN tlldt nOpe uuNe uluue Ctedr. Moreover. the inveterate practice of ar
 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 practical character of such a court
 "Second.-We must recognize, how
 ever. that the questions within the
 jurisdiction of such court would cer
 tainly not include all the questions thA'
 mixht lead to war. and therefore w. should provide some other instrument
 taiity 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 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 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 its merits as a 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 a compro- mise was formulated by the arbitral tribunal, which was ultimately em- bodied fin 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 Periodical conferences should | be held between the members of the | league for the declaration of principles | of international law. This is really a | provision for something in the nature VI itSl dC(loI ny tue tldilOuS COIL | cerned in respect to international law | The principles of international law are | based upon custom between nations es- | abolished by actual practice, by their le, oe iI''iol II" treaties and by the con o',I. T great law writers. Undoubt-
 the function of an arbitral court |
 ,tablished as proposed in the first of | the above suggestions would lead to q | good deal of valuable judge made in | ternational law But that would not | cover the whole field. and something i in the nature of legislation on the sub | ject would Eo a 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- | largcd in this way. Justice Holmes | in the case of Missouri versus Illinois. | points out that the supreme court in | passing on questions between the | states and in laying down the princi- | pes of international law that ought to | govern in controversies between them should not and cannot make itself n legislature. But in a league of peace there is no limit to the power of in- l ternational conferences of the mem- bers in such q quasi-legislative course except the limit of the wise and the | practical