American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1916-05-18
TAFT OUTLINES PLAN
FOR WORLDS COURT
Former President Declares Idea Is
Not Dream, but a Practical Possibil.
ity Of Near Future.

thN SiNoN Npiiu NouiNs NulNH Nlt
world court congress, would
create, was outlined Tuesday In an
address by William Howard Taft, hon
orary president of the congress. The
aim of this proposed permanent world
tribunal, Mr.. Taft explained, would
be to settle differences, such as are
settled today by domestic court on
principles OF law and equity and as
they arise between nations.
Mr.. Taft emphasized a distinction
between arbitrations and the suggest
ed world court.
THE general rule in arbitration is
that the decision is compromised
is not clear-cut judgment on questions
of law and equity" the former presi-
dent explained. Parties are not
given their rights or subjected to
their obligations as fully and as COM
pletely as they ought to be. and as
they are in domestic court of law.
Similar to Courts.
There is not any reason why, with
respect to questions of legal nature.
the tribunal between nations would
not pursue the rules of law and equity
with the same degree of fidelity as
do domestic courts.
"Arbitrations are generally made up
Of temporary arbisrators. The per-
sons are selected for the particular
case, and this feature lends support
to the diplomactic method of reaching
a compromise conclusion"
Illustrating his idea OF distinction
between arbitrations and the proposed
world tribunal. Mr.. Taft pointed out
that the question OF American exclu-
sion OF undesirable immigrants might
become a subject of arbitration but
could never become one OF settlement
by a court as a matter OF legal nature,
because our legal rights justify the
discrimination II we choose to make
it."
Similarly, Mr.. Taft said, political
questions such as the Monroe doctrine,
are not to be settled as matter OF
legal right, for, In this case, 1--WE
cannot claim 1t is principle OF inter
national arbitration which we are es-
serting; we are merely asserting Q
policy which we deem necessary TO,
our welfare"
, Mr.. Taft declared that had a worlt
court been in existence in 1914 tn,
issue of Serbia's responsibility for tn,
. killing Of the Austrian crown prime,
! and his wife might have been settled
, by a hearing and decision" and tn,
time taken In the submission of tn,
I controversy ana the courts judgmen
would have gone long way to pre-
vent the present war"
: Not Idle Dream.
= The way toward establishment o
= world court could be traced through
!. the history OF the Hague conference
4 and the declaration OF London, Mr.
: Taft declared, these gatherings show
/ ing that such court was within tn
4 range OF the practical and was not
e dreaw," and that the suggestion foun'
a friendly response among nations, a
It evidenced by the intention OF a declar
= alton OF London to create an interna
L tional prize court for the adjudlcatio
h OF maritime disputes.
d This history shows" Mr. Taft sait
= the full recognition OF the very grea
n and important differences between th
l. function of board OF arbitration an
that OF a permanent court OF internf
tional justice.
There are no questions that ma
d not be submitted to an arbitration
At the parties are willing TO do 80.
I "The range OF such questions II
]. cludes two classes. One class is
IN those which depend for their decisic
A. on rules OF law or equity by the Gu
e. toms OF acquiescence OF information
law. They are described in The Hagl
v. conference as questions Of legal n
Nv ture. They have been described
another way as 'justiciable question:
w That Is the term which the supren
h court OF the United States uses, al
IN that IL the term which was used
o. the general arbitration treaties agre
g. upon In my administration betwc'
Dy The executives OF England and Fran
A. and the United States and 30 amen
al ed by the senate as to prevent the
at ratification.
IN "The other class OF questions Will
n may be settled by arbitration are pol
10 ical and are to be settled on far wi
d. er considerations than the rules
g law and equity. They are a class
questions which all domestic couI
recognize not TO be within their j.
T. isdiction and the range OF their
cision."
ne Influence Great.
~ Mr.. Taft said that a world tribur
must rest for It's Jurisdiction on
ed International agreement among thi
on great powers which shall provide
an permanent court, OF permanent judf
yersed In the law. who shall dec
'm questions according to law, and "
'Se ought, under the agreement, TO hs
a. a. powers to decide Wheeler the quest
TO- presented by the complainant is w
be in. the Jurisdiction OF the court un,