El Paso herald. (El Paso, Tex.) 1901-1931, 1920-09-06
WORLD COURT
IS DEPENDENT
ON THELEAGUE
By DAVID LAWRENCE
CONTINUED from pnEe IL

powers who sit on the council by ro-
tation and who face the assembly OF
the league
Around this scheme It was posi-
bic to weave a system OF Joint selec-
lion Of Judges BY the council, which
gave the big powers reasonable as
surance Of constant representation on
the court without at the same time
forcing the little powers to recognize
the representation as a matter OF
s.This solution. it should be noted
was proposed and put through py
Elihu Root. The court therefore VIII
depend entirely on the existence OF
the rest Of the league II there were
no leagues there would be no metnoo
OF selection of judges and conse-
ouently the world would be in exactly
the same state as in 1907 when the
Hague conference created a full court
project without being able 70 agree
on the method OF securing Is per
sonnet. From this viewpoint u Iol-
lows that e nation not a member OF
the league Of nations could not take
part in the selection Of the judges OF
this court for Il would be. represented
on neither the assembly or the coun-
ell OF the league
BUT II the court is essential 70 the
league, the league Is q thousand times
more essential TO the court Il IS
through the league that the field OF
international agreements is going TO
be enlarged The league already has
funcrioned bodies for the creation o.
International understanding IN inter-
national labor. health, transportation,
disarmament, financial, etc While
everyone Of the agreements arrived
at in international conferences under
the auspices OF The league must be
approved BY the individual govern
So #aam HHHa
these governments, nevertheless the
existence Of q constant machinery OF
conference assures the development
OF a whole vast series OF new agree
ments between nations
Mutually Essential
Indeed The assembly, the council
and the various permanent commits
sions Of the league are as essential
to the laying down OF Understandings
for the court 70 interpret and admin
lister as the senate and the house OF
the United States are essential to the
laying down OF the agreements OF the
supreme court to interpret The
league may never attempt 60 enforce
any Of the decisions OF the court any
more than the government OF the
United States has attempted TO en-
force any OF the decisions Of the court
as between states Of the Union, but
the league will always be q powerful
force behind the court Of interna-
tional justice supporting il by the
mere prestige Of its presence and in
the final analysis by the knowledge
OF every state within the league that
the league may at any time use It's
power Of economic boycott against a
nation violating the covenant The
court IS able TO handle any questions
Of pure law. II is not empowered to
handle mediation, arbitration OF good
offices, which functions are entrusted
70 the counsel Of the league. In
othre words the settlement OF a mere
question OF law might still leave IN
touched the more basic political cues-
tons involved and such questions are
wholly beyond the competence OF
court. therefore. viii need be council
as an essential corrollary in these
cases IN which It nay be unable 20
handle itself
This argument, It may, perhaps. be
stated, mas made a deep impression
on Root He was much pleased that
the council did not Itself endeavor TO
settle The legal points in the dispute
about the Aland Island between Swe-
den and Finland. but Instead referred
II 10 a commission Of jurists He also
admits that the decision Of that COM
OF 1urists on legal points IN
Tolved may still leave some action
necessary and recognizes that wholly
lsgltimate field Of activity for the po-
htical branch OF the leagues"
me foregoing analysis made on the
political controversy gives some Ink
ing, however OF what Elihu Roots
difuculties viii be, reconcilinE some
recent Republican utterances- with his
own experience abroad.-Copyrrgh
1s1us by David Lawrence.