The sun., 1919-03-20


not seem to me clear. Tho covenant does
not say 90, for an act Of war Is not
necessarily a state of war: and yet the
provisions about mutually supporting
one another against attacks, about the
passage of troops and a clause in the
Same article that the executive council
shall recommend what military OF ma
val force the members OF the league
shall severally contribute to the armed
forces to be used to protect the cove
nants Of the league seems to contem-
plate general war in such a case.
Moreover, M. Bourgeois, the only one
OF the four members Of the committee
speaking on the presentation Of the draft
whose remarks throw any light upon
this point, said: Take n State that
violates tho intern ationai covenant That
state is supposed TO be In a state Of war
against all the members Of the league
1t seems to me that It would DO wiser
to have It 30. because the fact that an
attack against any member would auto
matically moan war with all the others
would be n stronger deterrent, would
render such an attack and the general
war II would inevitably entail even more
remotely improbable than an apparently
smaller penalty. Whatever tho intention
1t ought OF course to be made perfectly
clear beyond the shadow of q doubt.
1T may be observed that an outside
Power threatening war Is to be treated
80 far az war 10 concerned in the same
way as member of the league.
The members Of the league agree to
pay the expenses of the Secrctariat in
the ratio Of their contributions to the
Universal Postal Union cart. W. They
further agree not to conceal the condi-
ton Of their industries capable Of being
adapted to warlilte purposes and to in
terchanEe information fully and frankly
about their military and naval pro-
grammes Cart VIII. They agree to
endeavor to secure fair and humane
treatment Of labor at home and In all
countries with which they trade Cart.
XXX; to maintain freedom Of transit
and equitable treatment OF commerce for
all members of the league Cart. XxI.) I:
to place international bureaus under the
control Of tho league Cart. XIII; to
register all treaties, and agree that
treaties until registered shall not be
binding (Ast. XXIII.) and finally. that
all obligations among members Of the
league inconsistent with tho covenant
are abrogated and that no engagements
Inconsistent herewith shall be made.
Devised to Prevent War.
These, with the duty of sending its
representatives, are the positive obliga-
tions assumed by the members of the
league; and 1t may be observed that
they are direct obligations upon the
| members to do. or abstain from, definite
acts. either continuously or on tho hap
pening Of the events described; never
, under the orders, or by the direction, OF
any organ OF the league Tho members
agree TO preserve one anothers integrity
and independence absolutely, not because
directed to do no by the league. II a
member of the league Is attacked before
arbitration they agree to boycott the
offender imme diately. not IL called upon
to do 30 by tho executive council; and
so on throughout the list. Their obli-
cations are specified, not discretionary,
still less arbitrary. on the part Of any
International body or authority. For the
most part they are devised with the OBJ
5ect OF preventing war, and especially
unjust or predatory war. In that respect
they follow very closely the minimum
essentials for League of Nations to
prevent war described in the opening Of
this address. and they seem effectively
designed for the purpose.
Let US now turn to tho functions of
the representative organs Of the league.
Tho most important of these Is the Ex-
representatives Of the United States, the
British Empire. France, Italy. Japan
and OF four other States that are men,
bers OF the league. those States being
selected by the body OF dele gates. The
Executive Council 50 constituted Is
given authority TO formulate plans for
the reduction OF ornaments Cart. VIII.)
to advise how the evils of private manu-
facture OF munitions can be prevented
Cart VIII; TO advise upon the means
by which the integrity and independence
of the members Of the league may be
preserved in case OF aggression. or dan
ger thereof Cart X.) to propose what
shall be done II a State fails to carry
out the award OF an arbitration by
which II has agreed to abide Cart.
XIII.) to formulate plans for n per-
manent court of International justice
Cart XIV; to inquire into disputes be-
tween States and make recommendations
thereon Cor refer the matter to the body
Of delegates for inquiry and to propose
measures to give effect TO its own unani-
nous recommendations In such cases
Cart. KY. II State goes to war
| contrary to its covenants and thereby
draws upon itself the sanction provided
in the agreement OF the members II Is
the duty OF tho Executive Council to rec
ommend what military or naval forces
the members Of the league shall sever
ally contribute to protect the covenants
/ of the league Cart. XVI.). The council
can further prescribe the conditions upon
| which a State not a member of the
| lea que shall accept the obligations OF
membership for the purpose of a particu-
lar dispute. and in case OF refusal It
may take such action and make such
recommendations as will prevent hos
tilities Cart XVIII.
May Only Recommend.
80 far the authority OF the Executive
Council with regard to the members OF
the league. is strictly limited to con-
sultation, and making recommendations
which the members of the league are IN
der no obligation to accept unless they
please.
II can IN fact find only three cases
in which the council Is given any power
to make any orders, regulations or de-
cisions binding upon the members OF the
league or limiting their freedom OF ac-
ton. Tho first Of these arises when the
council acting in a judicial or arbitra1
capacity makes a recommendation which
Is unanimous, except for the parties to
the dispute. In that case a State is
bound not TO go to war with any party
that complies with the recommendation.
and to take part in the punishment Of
any other State that goes to war with a
party so complying Cart. XVI. To
| that extent a unanimous decision OF
the council in case of dispute Is bind
H. -.