The sun., 1919-04-01
Mr.. Roots Searching Criticism.

Mr.. Roots Searching Criticism.
Mr.. Roor's point Of view regard
Ing the Wilson plan Of a League Of
Nations differs somewhat from that
Of Senator KNOX. from that of Judge
HUaHEs, from that Of Senator LODGE,
from that Of ex-President TAFT and
from that Of President LOWELL of
Harvard. All these eminent friends
Of peace. however, concur in the be-
lief that the particular scheme which
President WILSON has adopted as his
own, and on his sole and unwarranted
authority has presented to Europe
and has been endeavoring to fasten
on America, Is essentially defective
and dangerous and requires exten'
sIve amendment before It can be &C
cepted by the treaty making power
Of the United States In connection
with any treaty Of peace.
This consensus of adverse judgment
on the part of some of the most dis.
tinguished jurists and statesmen
among his fellow citizens--the grea,
foundation builders Of national policy
would be fatal to the complacency
Of protector less self-assured than
the author Of the plan which Mr.
WILSON, in his flying visit to Amer
ica, almost angrIly insisted must g.
through substantially In the shape
he had given 1t.
Ever since he became a powerful
figure In political life ElIHU Roor has
lnbored to establish international law
on a practical basis with regard to
justiciable questions between govern
ments. His mind naturally sees in
the present situation an opportunity
to revive the dream Of hope embodied
in the Hague Tribunal, strengthened
with that which the conventions OF
The Hague did not provide. namely
the machinery for making the arbitra-
ton Of justiciable questions an oblig-
atory and not a voluntary proceed
ing, and likewise for enforcing the
judgment Of the court after It had
been rendered. Mr.. Roor discusses
this part of the subject In the his
torical rather than in the prospective
sense, and he merely points out that
both the American League to Enforce
Peace. Of which Mr.. TAFT and Mr.
LOWELL are the lending spirits, and
the similar organization promoted In
Great Britain by Lord Bryce pro
pose to provide for enforcing the
courts judgments. either by economic
pressure or by military force.
The first amendment, therefore
which Mr.. RooT proposes strikes out
the muddled and practically meaning
less covenant as to arbitration con
tained in Article XIII. of the Wilson
constitution and substitutes q dirac
recognition of the existing Permanent
Court of Arbitration at The Hague
with an agreement to submit to thai
tribunal "all disputes (including those
affecting honor and vital interests
| which are of a justiciable character
which the Powers concerned have
failed to settle by diplomatic meth
DDS" and to accept and give effec
to the award of the tribunal.
The weakness. of course, Of all suci
proposals for the enforced judicia
settlement by an international tribu
nal Of justiciable questions between
nations lies In the fact that in tn,
stress of national passion or undel
the irresistible pressure of nationa
/ interest any nation willing to Hgh
for Its cause can always find goot
reason for convincing itself that tn,
issue does not come within those ques
tons defined as "justiciable." AL
history shows that this Is and prob
ably always will be the case. Mr.
RooT's provision that the Permanen
Court of Arbitration at The Hague
or the Court of Arbitral Justice whel
constituted, shall decide whether
question is iusticlable and come
within Its jurisdiction only meets tn
inherent difficulty by one degree of re
moval. In disputes affecting homo
and vital interests no nation able t
speak and act for itself Is going t
surrender, when the pinch comes, It
sovereign right Of self-determinati ol
as to what Is justiciable.
The other amendments suggests
by the former Secretary Of State rid
die President WILSON'S original pla
of settling In advance, in the light o
his self-proclaimed Fourteen Point,
the entire future of the turbulent
constantly changing and extremel
fluid and unstable political condition
OF the peoples Of this earth.
Article ", the vital organ and chic
nerve centre Of President WILSON
conception Of the league, whic
would commit the United State
without limit of time or liability {
send troops anywhere in either hem
sphere to suppress quarrels betwee
small tribal republics or to enforc
pence between great imperial system
Is 30 amended as to limit the porter
tous engagement to five years Of pal
tlcipation and one year of notice G
intention to quit. This transforms
Norma nent undertaking into n fan