Evening star. [volume] (Washington, D.C.) 1854-1972, 1920-09-04
ROOTS CONCEPTION
OF LEAGUE DIFFERS
FROM PARTY VIEWS
Continued from First PAGE,

nations. This problem hitherto has
been utterly unsolvable. Upon Its
many difficulties the second Hague
conference In 1907 wont to disaster.
No way has DIP till now been found
Of solving the conflict OF interest be-
tween the big powers who claimed the
right always to have a representative
of the court and the little powers who
refused to recognise any system of
selection destroying the theory OF the
equality OF sovereign states The ex-
tstence Of the league solved this prob
ganization OF the league itself a dis-
tinction had been made between the
big powers who are always represent
ed on the council and the little pow
ers who are always represented and
who form the assembly OF the league.
Around this scheme it was possible
to weave a system OF Joint selection
of judges by tho council which gave
the big powers reasonable assurance
of constant representation on the
court without, at the same time. fore
ing the little powers to recognize the
representation as a matter of right
This solution. it should be noted. was
proposed and put through by Elihu
Root.
Court DepeaAs On League.
THE constitution of the court, there.
fore. win 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 1870.
when The Hague conference created
a full court project without being ablf
to agree on thu method of securing
it's personnel. From this viewpoint
it follows that 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 repre-
scented on neither the assembly nor the
council Of the league.
But II the court is essential to
the league. the league is . thousand
timeA more essential to the court; It
10 through the league that the field
OF International agreements IL going
to be enlarged. The league already
has functioning bodies for the crea-
ton Of international understandings
in International labor. health. trans
portation. disarmament. finance. etc.
While every ONE Of these agreements
arrived at international conference
under the auspices OF the league
must be approved by the Individual
governments before becoming effec-
tive for those governments, neverthe-
less the existence OF q constant ma
chinery Of conferences assures the de-
velopment Of whole vast series of
new agreements between nations.
CoRnissteas Are 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 to interpret and admin
lister as the Senate and the House
in the United States are essential for
the laying down of agreements of the
Supreme Court to interpret. The
league may never attempt to en-
force 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 the states of the Union
But the league will always be . very
powerful force behind the court OF
international justice. supporting 1t by
| in the final analysis by the knowledge
! Of every state within the league that
the league may at any time use its
power Of economic boycott against a
nation violating the covenant The
| court is able to handle only questions
handle mediation. arbitration or good
Offices, which functions are intrusted
, to the council Of the league.
Political 0aesttens Involved.
In other words. the settlement Of a
mere question Of law might still
leave untouched the more basic DO.
! litical questions involved and such
questions are wholly beyond the
competence Of the court The court
/ therefore will need the council as ar
essential corrolaTy in these cases
| which it may itself be unable to
handle.
This argument. it may perhaps be
stated. has made deep impression
upon Mr.. Root. He was much pleased
that the council did not itself en-
deAvor to settle the legal points in
| the dispute about the Aland Islands
between Sweden and Finland, but in.
stead referred il to a committee OF
jurists. He also admits that the de.
cision of that committee of jurists OF
legal points involved may still leave
/ some action necessary, and recognizes
a wholly legitimate Held Of ACTIVITY
for the political branch of the
| league"
The foregoing. analysis, made upor
| the spot. by persons not a part OF
Americas political controversy, gives
| some inkiing. however, of what EIihr
Roots dImeulties will be In reconcil.
ing some recent republican utterances
| with his own experience abroad.
! Copyright. 1seD.}