New-York tribune., 1920-10-16
BY William Howard Taft

Senator Harding has promised the
| people of the United States that if he
is elected he will devote his time, from
the day of his election, with the aid
of others, to an earnest and serious
effort to effect an association of ma
tions to create and maintain an inter-
| national court for the settlement of
disputes between nations. He has ex-
pressed indifference whether this as
socation be called league of nations
or by any other name SO long as the
court has teeth and is effective for the
maintenance of peace. He has said
that if the present League of Nations
be intertwined with the future peace
Of Europe he is willing to accept the
league, with amendments to eliminate
its Objectionable features, as part of
his plan for an association of nations
formed around the central idea of the
is practically sure of election his atti-
tude in this regard is of the highest
|. international Importance, and his in
sstence that the court should be the
capital feature of the association or
league Of nations should bring under
close public examination the plea for
an international court recommended by
the Root-Phillimore Commission to the
existing League of Nations.
This commission was appointed by
the council of the League of Nations
provides as follows:
"The council shall formulate and sub
nit to the members of the league for
adoption plans for the establishment
of permanent Court of international
Justice. The court shall be competent
to hear and determine any dispute of
an international character, which the
parties thereto submit to it, The court
may also give an advisory opinion upon
any dispute or question. referred to it
by the council, or by the assembly"
No Compelling Jurisdiction
1t will be observed that the office of
the court, thus set forth in Article ID,
is to hear any dispute which may be
submitted to it voluntarily by the par
ties, or to give an advisory opinion
upon any question referred to it by the
council, or by the assembly. 1t has no
compelling jurisdiction, upon the ap-
pllcatlon of one party to a dispute over
the party against whom the complaint
is made. In other words, the court to
necessary part in the machinery fer
consent of both parties.
The Root-Phillimore commissioners
have interpreted literally their author
lty in framing and proposing a plan
tor court and have made the court in
clearly defined class of justiciXble
issues a required part of the procedure
IN The absence of the consent of the
parties and have given it positive
and mandatory jurisdiction over such
issues. This will be disclosed by an
examination of the commissions report.
1t is made up of sxty-two articles. The
court is established in the first article
as permanent court of international
justice and is declared therein to be
in addition to the Hague Court Of Arbi-
tratlon and to any special tribunals of
arbitration, to which states are always
at liberty to report. 1t is to be COM
posed of a body of independent judges.
elected regardless of their nationality,
from among persons of high moral
character, possessing the qualifications
required in their respective countries
for appointment to the highest judicial
Offices therein, or who are juriscon-
ternational law. 1t is, until enlarged
by the assembly, to consist of fifteen
members: eleven judges and four dep
uty judges. Members Of the court are
to be selected by majortes in the
council and assembly of the league, vot-
ing separately, from list of persons
nominated by national groups of rep
rescntatives already serving IN the
Hague Court of Arbitration. When
more than one candidate OF the same
nationality is elected the eldest of
them only is to be chosen. If after three
sessions, one OR more seats on the
court remain untitled, joint confer,
ence committee of the assembly and
the council shall unanimously submit
names to the assembly and the council
for their acceptance, but if it does
not obtain an election, then those al
ready selected as judges are to MI
the places. The Judges are to be elect
cd for nine years and may be reelected.
for any of the states by any mem
bcr of the court is declared to be
incompatible with his judicial duties;
ror can any member of the court be
an agent, counselor advocate IN any
case of an international nature, or SIT
in any case in which he has previously
acted as such.
Members May Be Dismissed
A member of the court may be dis
missed by the unanimous opinion o.
the other members. Members of tht
court are to enjoy diplomatic priv
ileges. The president and vice-prcsi'
dent of the court are to be elected fol
three years The court is to be es-
tablished at The Hague. The prcsl'
dent and registrar are to reside there
The court is to hold annual sessions
to begin on June Is and to continue as
| long as it has business before 1T. The
court consists of eleven judges, anc
nine are enough to constitute a quo
rum. The deputy judges may sit to
constitute a quorum in the absence or
the regular members. Provision is
made by which each party shall have
Judge of its nationality, to be es-
pecially selected, if need be, to sit on
| the court when a case between these
is heard. The judges are to receive
an annual salary determined by the
league, and travelling expenses. The
expenses of the court are to be borne
by the League of Nations.
The court is given jurisdiction te
hear and determine suits between
states All members of the league
/ shall have access to it, and so may
other states on certain conditions.
Articles XXXIII, XXXIV and XXX
are as follows:
"Article XXXIII When a dispute
has arisen between states and it has
been found impossible to settle it bS
diplomatic means and no agreement
has been made to choose another juris
diction the party complaining may
Lc;r,- o,co no tho court The