The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1920-11-10
LEGAL CODE
TO GOVERN
new LEAGUE
Dominant Principle in Asso-
citation of Nations Republi:
cans Have in Mind Interna-
tional Court, Says Sullivan.
ARTICLE TEN IS DEAD
By MARK SULLIVAN

equipped leaders of thought from both
parties to confer about the precise
form which the American variation of
the League of Nations should take
and what should be the first step to-
wards bringing it about.
That this should have been the first
and only thing done by Senator Hard
ing before taking his vacation illus
trated both his appreciation of the
urgency of this problem and also his
concern TO live up strictly to his cam
paign obligation, frequently repeated
in his speeches, to make this subject
the first burden of his thought imme-
diately after his election.
Aside from what Senator Harding is
doing, other steps, less known to the
public, are being taken by leaders in
European thought looking to the same
end.
Article X regarded as dead.
Whatever the outcome of new de-
liberations about the League of Ma
tions, the one certain thing is that
Article X is dead.
Was Dividing Line
Article x was the point of the con-
test and the dividing line between the
league that Wilson would have and the
league that the Republicans would
not have The number of persons who
stood with Wilson on the point being
small, not many leaders in the Demo
cratic party stood with him, and of
these the major part did so as a mat
ter of party discipline and loyalty to
their leader rather than as a matter
of conviction.
Not even many statesmen in Eu-
nnint
This is a fact not widely understood
in America. Article X was Wilson's
own pet child, and he forced it on the
European statesmen quite as much
against their wills as he tried to force
it on the American senate.
Stood BY Itself.
Article X never really belonged in
the League of Nations. Mr.. Elihu
Root was we'll within the truth when
he said, in the only speech he deliv-
cred during the campaign, that Article
X "was a provision standing by itself
quite outside of the league for the
preservation of peace and forming no
part of the scheme. but creating inde-
pendentIy of it a hard and fast alli-
ance between the members of the
league to preserve in perpetuity the
territorial and political status quo.
Article X was no part Of the main
scheme on the League of Nations.
go further and assert that Article X
is inconsistent with the purpose and
spirit of the league"
That this theory of Senator Roots
about Article X is correct can be prov
ed readily by a history of that particu-
lar section. 1t arose separately from
the rest of the covenant, and was or
iginally devised by President Wilson
for a wholly different purpose. How
ever, the genealogy Of Article X can
await a separate article. 1t is no long
er important, anyhow; Article X is
dead.
Underlying Principle Dead.
Assuming that the will of the Re
publican leaders is to prevail about the
League of Nations and in the light OF
the result of the election, no one can
doubt that the will Of the Republican
leaders is to prevail-not only is Artl-
Gle X dead, but that underlying prin-
ciple of the league, which resided es-
pecially in Article X and appeared in
several other articles is also dead.
The precise distinction between this
principle which undcrlies the League
of Nations ard the contrasting prin-
ciple which the Republican leaders
want to substitute for it is not easy
TO make simple 1t is very clear to
lawyers, once it is brought to their
attention but it is less easy to make
clear to the layman. 1t will be neces-
sary to carry on considerable cam
paign of education to make this dis
tinction clear.
of nd nj fol IN q
dominant principle in the association
of nations which the Republicans have
in mind is that there shall he a court
which shall function. as every court
does. under coditied laws and under
the restraints of precedents. The dom
mating institution In the association
of nations which the Republicans have
in mind will be this court
Council Power Shorn.
The dominating institution in the
League of Nations. as 1T now exists.
is the council and the assembly of the
league. The intention of the Republi-
can leaders is that council and assem-
by Of the league shall be deprived of
all real power: and. if they continue
to exist at all. they will be restrained
TO a capacity which will be clearly and
definitely advisory only.
Although the new plan contemplate 2s
taking power away from the council
and the assembly Of the league, it is
by no means intended that the now
association of nations shall be with
out power. In fact. the Republican
plan proposes to give more real power
10 the new association of nations than
the present league has, but that power
will be restricted in two ways.
Power Is in Court.
In the first place, the power will be
confined wholly as court. wllic h
court shall not be free to act as it
pleases, but must act as all courts
must. according TO International law
It Is true that international law is
nowhere codified now in the sense
that legislative statutes are codified;
but nevertheless, there are principles
of international law which are well
understood by everyone familiar with
the subject. 1t is part of the Repub-
Continued on PA sc Twelve