The evening world., 1920-09-04
COURT
HELD TO Be VITAL
PART OF LEAGUE
Roots Idea of Relationship
Reported Different From
What Republicans Believe.
By DGUid Laurence.
Especial Correspondent Of The Eve
ming Worldly

prevails In the minds OF many Re
publican leaders including perhaps
senator Harding For a while the Re
publican candidate's latest speech
has been interpreted as meaning that
the league could be rejected and the
world court preserved; people VINO
have recently discussed the matter
with Mr.. Root In Europe say separA-
ton OF the two projects would leave
untouched a vast number Of causes
OF war whloh are not within the do
main Of jurists or legal bodies created
by the world court.
"one OF the most serious misappre-
tensions in America regarding the
League OF Nations" writes an Amer
lean who has just made an analysis
m the Permanent Court OF Justice
and the rest OF the league, "and a
misapprehension which might have
very far reaching and deplorable ef-
feCts. concerns the interdependence of
the Permanent Court of International
Justice and the other branches Of
league activity. Recent discussions
and the press comment have shown a
tendency toward an utter mlsunder-
standing Of this relationship.
First, II must be stated unequivo-
cally that the permanent court is not
only an essential part Of the league,
Is indeed tho very backbone OF the
league, but beyond that Ia wholly in
sepaTable from It. The two are in
tertwined and interdependent to such
a degree that neither could function
properly without the other.
THE permanent court in the 6irst
place, owes Its origin TO the Covenant
OF the League. 1t was because Of
Article IL Of the Covenant. because
OF nomination ny the council OF the
League, and through the extraordin-
airy preparatory work of the score
tar1at OF the League that the COM
mission OF Jurists was able TO meet
at The Hague and carry out its work
SO effectively. Had II not been for
the le0Gue, the best that could have
some government OF It's own inltia-
tive might have called such "a group
OF men together, but these men would
have met with very little authority
would have been the mere repre-
sentatives Of chosen governments
rather than Of a world organization
would have been aided by practically
no preliminary work and would have
had such inadequate star as a single
government could give. This, how
ever, Is the mecha meal side.
SPIRIT OF COURT HELD W.T.
ALLY MORE IMPORTANT.
"Vitally more important Is what
may be called the spirit of the court
That spirit has been drawn entirely
from the League OF Nations and will
in the future receive Its greatest
strength from tho league. Consider,
first. the vastly Intricate problem
OF the method OF selecting. say,
dozen judges TO sit as a perm
anent court dealing with the In
terests of fifty nations. This prob
lem hitherto has been utterly un-
solvable. Upon it's many difficulties
the second Hague conference in 1907
went TO disaster. No way has, up till
now. been found on solving the con-
filct OF interest between the big pow
have a representative on the court
and the little powers who refused 10
recognize any system OF selection
destroying the theory of the equality
OF sovereign states.
The existence Of the League solved
this problem Immediately Already In
the organization Of the League itself
a distinction had been made between
the Big Powers who are represented in
council and the Little Powers who sit
on the council by rotation and who
form the assembly OF tho League.
Around this scheme II was possible to
weave a system OF Joint selection OF
| judges by the council. which gave the
| Big Powers reasonable assurance OF
constant representation on the court
without, at the same time, forcing the
Little Powers TO recognize the repre-
l
solution. II should be noted, was pro-
posed and put through by Elfhu Root.
The constitution OF the court,
! therefore. will depend entirely upon
the existence OF the rest OF the league.
II there were no league there would be
no method OF selection OF Judges, and
consequently the world would be in
exactly the same state as in 1907,
when The Hague conference created
full court project without being
able to agree on the method OF secur-
| ing It's personnel. From this view
point II follows that a nation not a
member OF the League OF Nations
could not take part in the selection OF
/ the judges OF this court, for 1t would
/ be represented on neither the assem-
bly, nor the council OF the league.
"But IL the court Is essential TO the
/ League, the League Is a thousand
/ times more essential to the court
| II is through the League that the
/ field OF international agreements Il
going 10 be enlarged. The League
already has functioninB bodies for tht
creation OF international understan nd
ings In international labor health
transportation, disarmament. finance
etc. While every one OF these agree
ments arrived at In international con
ference under the auspices OF the
League must be approved by the in.
diStdlai governments before Gsg0ft-