The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-10-12
A LEAGUE OF MAZES.
Ambiguity Piled on Ambiguity i'm the
Wilson Covenant


helpful, but they are not controlling.
What is written. is written. We must
try to understand for ourselves Just what
the great contract means. as It was
signed by our negotiators
| First-Each member State binds itself
10 respect and preserve. as against ex-
ternal aggression, the territorial integ-
rity and existing political Independence
ef every other member.
| The obligation thus incurred is not de-
pendent upon any League action what
ever. The Council is only ito advise
upon the means by which this obliga-
ton may be fulfilled"
| 1t may fail to do So Other members
may conclude in a given case that the
situation contemplated in Article X has
not arisen. There is plenty of room
for difference OF opinion No matter.
That member whose Government believes
that the contemplated situation has
arisen is in honor bound to take steps
generally Of warlilke character.
Second-Article XVI provides :"Should
any member of the League resort to war
ticles XII, XIII. or XIV, it shall ipso facto
be deemed to have committed an act of
war against all other members of the
| League. which hereby undertake imine-
diately to subject 1t to the severance of
| all trade or financial relations, the pro
hibition of all intercourse between their
nationals and the nationals OF the COW
| enant breaking State, and the prevention
| of all financial, commercial or personal
intercourse between the nationals of the
| covenant breaking State and the ma
tionals of any other State. whether a
member of the League or not"
This drastic provision is followed by
the prescription OF an advisory duty laid
upon the Council which shall "recom-
mend" what effective military, naval or
air force shall be contributed by the re-
spective members. But, as before, the
separate determination and execution of
their duty remains as an obligation upon
the members.
Again we find wide scope for difference
CT opinion as to the facts of the case and
their relevancy to Article XVI. And
again if a member believes the contem-
plated situation to have arisen he is In
honor bound to commit the hostile acts
be directed not only against the sup
posed covenant breaker but also against
any other nation which does not volun-
tarily accept and enforce non-intercourse
with the culprit No time now for the
delays elsewhere stipulated. The world
Of the League must find itself united in
judging upon conflicting claims Of the
helligerents-or 1t must find itself d.
vided into two great hostile camps--and
all this Immediately"
Third-Article XVII. requires the
League to invite non-fnember States to
accept the obligations OF membership in
the League for the purposes of any dis
pute with a member State or with any
other State. If the invitation be refused
and the outsider resort to war against a
member of the League "the provisions
of Article XVI. shall be applicable as
against the State taking such action"
Again separate determination and ac-
ton. The case seems simpler than the
other--yet the outsider might claim ag-
gresslon on the part OF his adversary,
leaving him no time to accept the atten-
lions of the League. Hence again, posi-
bility OF difference of opinion and no
Judge set UP in Israel.
SO much for new war engagements.
There are two cases of abstention from
war First--In case dispute goes to ar
titration "the members agree that they
will carry out in full good faith any
award that may be rendered and that
they win not resort TO war against
member OF the League which complies
herewith" Article XIII.
But the submission OF disputes to arbi-
tiation 10 not obligatory.
Second--A dispute likely TO lead to
rupture, and not submitted to arbitra-
ton. must go TO the Council OF the
League. 1t may be transferred to the
Assembly.
| In this case the members agree not TO
resort to war against disputant who
complies with recommendation OF set
Element. when such recomnle ndation re-
ceives q specified proportion OF the votes
In Council or Assembly. respectively.
Again independent Judgment as to
whether or not dlsputant does or does
not comply with" &C. with an honor
bound abstention from war II a member
believes compliance demonstrated.
If neither Of the disputants accepts tho
recommendation. II 1t has not received
the stipulated number of votes. then
abstention becomes an agreed delay OF
three months after the making OF the
report. This period having passed, the
parties may have a legitimate war.
| Concerning these matters we should
ask ourselves the following questions:
| First--will fifty separate judgments.
constra lned by ambiguous covenant
phrases. produce. when applied TO COM
PICK situations, moro war provoking re-
elimination between governments than
would be produced by unconstrained
judgments?
Second--wili the antiquities sur
rounding each case arising under the
covenant produce in our composite pop
ulation violent feelings that might cas-
, ily lead TO domestic strife7
} Third-Can the treaty making power
constitutlonally subject the war making
power in our Government to the moral
constralnts imposed by the covenant?
Notwithstanding the constitutionality
CT such action. do we want II done?
Fifth-@since treaty Is law and
ninoe the President Is the executor of
the law, may no not claim the right and