The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1920-06-04
THE WORLD COURT

1t seems to be the prevalent impress
sion among those nearest to the GEN.
ter of things political that the treaty
plank in the Republican platform will
bemodeled upon the plank in the In
diana State platform, which advocates
the creation of world court for the
hearing of international disputes.
Somewhere, no doubt, a little group
of men, probably Senators, are wres-
Ting now with the phraseology Of
this plank, but even while the con-
vention is in session, and perhaps be-
fore the platform is submitted to it,
body Of men will have assembled at
the Hague for the specific purpose of
creating a world court. Elihu Root,
Americas great authority on interna-
tional law, sailed yesterday from New
York to take part in this great work.
1t was Root, it will be remembered,
whose chief criticism of the covenant
of the League Of Nations, as it was
originally presented, was that the
provision for the development and APP
plication of international law was in
adequate, and he is going to Europe
to do what he can to help create a
kcourt that will be real factor in the
promotion of peace and international
justice. The men who are to assem-
BILE next week for this task are men
who have been appointed by the Coun-
Gil of the League of Nations, selected
because of their eminence in the field
of international law. The United
States not being a member of the
league, Mr.. Root cannot be member
of this commission, but he was invited
by the council to participate and lend
the weight of his knowledge and judg
ment, and he has shown his sincere in
terest in this matter by sinking per
sonal considerations and consenting to
serve as an unofficial representative
of his country. So.
The fact that he has done this indi-
Gates that Mr.. Root has hopes that the
judicial arm of the great system will
be given the weight and Importance
that he believes to be essential for
the worlds welfare. AS a practical
man he sees, we are sure, that If a
world court is really to be created and
to be made really useful it must be
done within the League of Nations,
which is already organized and al
ready in effective operation. Any pro-
posal of ours for a world court indie
pendent of the league would not, and
in the nature of things could not, be
accepted by the other nations, thirty
six of whom have entered into SOL
emn agreement to maintain the organ
ization that has been established.
Therefore, if any world court is to be
created it can only be done through
the League of Nations. Although the
covenant merely provides for the es-
Enlistment Of a Court of lnterna-
tional Justice, as it is termed in that
compact, and makes it competent on.
ly to hear disputes voluntarily sub
mitted to it and to give advisory opin-
ions upon questions referred to it by
the council in assembly, there is no
doubt that more is expected of it,
This is proven by the fact that, the
first act of the first meeting of the
Council of the League was the APP
pointment of commission to form
ulate plans for this court, and by the
following statement issued by this
commission, in whose deliberations
Mr.. Root is now to participate:
"The Permanent Court of Interna-
tional Justice is essential for any real
progress in international law. AS
things now stand, the political, rather
than the judicial, aspect of the set
Element of disputes is prominent in
the covenant, but political settle
ments can never be entirely satisfac-
tory or just. Ultimately and in the
long run the only alternative to war
is law, and for the enthronement of
lazy there is required such a continu-
GUS development of international jul
risprudence, at present in its infancy,
as can only be supplied by the pro-
gressive judgments of a permanent
court working out it's own traditions"
This seems to be concise express
sion of the views of Mr.. Root, and I'M
doubtedly the commission will work
for the creation Of such a court as
this. This is an ideal which it seems
to US all men can and must approve.
But who are to constitute this court,
and how are they to be appointed :?
This is the great problem that in the
older Hague proceedings baffled So
luton, and it was probably because
of this difficulty that the court idea
was given no greater initial promi-
hence in the covenant of the league.
How are men to be selected who will
inspire and will justify the confidence
of the world in the integrity and the
justice of their judgments? Obvious
Ily all the nations cannot be repre-
scented in the membership of the court.
1t would make BODY entirely too
large for judicial deliberations. Yet,
somehow, every nation must have a
voice in the selection of its members.
Many plans have been proposed, and
somehow the problem will be solved,
but however the court may be con-
stituted it is plain that it will not at
tain the power and usefulness expect
ed Of it until it has justified the trust
of the world by it's works. Such a
confidence will necessarily be of slow
growth, and in the meantime it is
well that other agencies for the set
Element of international disputes are
provided for, so that the nations may
have degree of choice in the trib-
unals that are to consider their con-
troversies. Ultimately, we have no
doubt, the world court will be the su-
preme source of international justice,