East Oregonian : E.O. (Pendleton, OR) 1888-current, 1919-07-11

a mediation is more likely to be sue
cessful il the parties do not commit
themselves publicly. 1t is often easier
TO bring the disputants to an accord
if site negotiations are private; and il
anamicable settlement is reach il
is not always necessary to make pub
lie the concessions by which it was
attained. In such n case, therefore.
the Council is given discretion to pub
llish what il may deem appropriate.
Next Comes Arbitration
If the dispute is not settled by
consent of the parties the function
of the Council is changed. 1t becomes
an arbiter instead of n mediator and
publishes report with recommenda-
tions stating what il deems the just
and proper action for the parties to
take. II the Council is unanimous
(except for the parties concerned) the
recommendation has n binding effect
to this extent. that while there is no
obligation under the Covenant to
carry it out. there is an express agree
ment not to go to war with any party
which complies with it. Even after
unanimous recommendation war is
not absolutely prevented, for the ma
tion against which it Is made may
refuse TO comply with it. and there
may be resort to arms. War in such
a case is not, as some people have
asserted. authorized, but it is not sub
jected to n penalty. Unless the ma
tions are prepared to enforce COM
pliance, and at present they are not,
the prevention of war can hardly be
lcoIried further. But il may be OBJ
served that after a unanimous report
which would undoubtedly be sup
ported by the public opinion OF the
:. orld the cases in which n nation
failed to comply would be very rare.
Where the recommendation is not
unanimous the danger is greater. In
effect no judgment has been rendered;
all the states repl eSeGted On the Coun-
ca may publish their opinions; and
the members of the League reserve
the right 10 take such action as they
think right. In short the efforts of
the League to adjust the dispute have
failed. But again we must remember
that even in such a case war or gross
injustice is improbable. Time will
have been given for calm considera-
tion, and the efforts of all the coun-
tries not directly involved will be ex-
erted to avoid war-influences that
are powerful for peace.
When the dispute is referred to the
Assembly the same rules apply. ex-
cept that a Recommendation is effec-
tive if supported by the representa-
tives of all the states with seats upon
the Council and majority OF the rest.
Domestic Affairs.
Only one other provision of this
Article rerrains to be considered. TO
obviate the fears of many Americans
that such matters as immigration and
tariffs might, as subjects of dispute,
be brought before the Council and the
authority of the nation over them be
impaired, a clause was inserted, that
il either party claims, and the Coan-
ell finds. that the matter in dispute is
one (which Shy international law is
solely within the jurisdiction of that |
party, the Council shall SO report and /
make no recommendations as 30 its |
This clause inserted for |
that express purpose would seem to
cover the point. completely. Never
theless it is objected that the Council
may differ IN opinion from the United
States and thus cur legislative rights
ray be restricted. To such an OBJ
ection there are two answers. In the
1rSt place the desire of other coun-
ries to preserve their internal indie
,endence is as strong as our own. 1t
5 inconceivable that the other states
epresented on The Council should
decide that the tariff, or
my other internal matter that we
lain to regulate for ourselves, is not
domestic affair; and it is only unani-
1ously that an effective judgmens
gainst us could be given. In regard
D the most sensitive point of all, that
f immigration, if England We're to
ote that is was not under domestic
ortrol, it might break up the League,
mt, in view of the feeling in Canada,
outh Africa and Australia, it would
artainly disrupt the British Empire
he second answer is that one cannot
lake a contract and insist that the
lterprettion of it shall always be in
ne's own hnds The clause is per-
,ctly difinite, its object is perfectly
and if We can trust none
the other principal members of
Ie League to act honestly, fairly and
asonably let us make no League
it'll them, and leave the world in the
ate of mutual suspicion, distrust and
oppressed hostility that is n discredit
civilization and a curse to mankind