The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1920-11-10
ARTICLE TEN OF THE LEAGUE
IS NOW REGARDED AS DEAD

principle which underlies the League
Of Nations and the contrasting prin.
| ciple which the Republican leaders want
to substitute for 1t is not easy to
yers. once it Is brought to their atten.
tion: but it is less easy to make clear
| to the layman. 1t will be necessary I'd
! carry on considerable campaign OF
education to make this distinction
clear.
Briefly and very incompletely, the
dominant principle In the association
OF nations, which the Republicans have
IN mind is that there shall be court
which shall function, as every court
does, under codtied laws and under the
restraints Of precedents. The dominat.
; ing. institution in the association OF
mind will be this court. The dominat-
ing institution in the League Of Ma
,, tions. as 1t now exists, is the council
and the assembly Of the league: The
intention Of the Republican leaders is is
league shall be deprived of all real
power; and, II they continue to exist
at all. they will be restrained to ca
pacity which will be clearly and detin-
itely advisory only.
VIII Have VIII Power.
Although the new plan contemplates
taking power away from the Council
and the Assembly Of the League, it is
by no means intended that the new AS
sociation OF Nations shall be without
power. In fact the Republican plan pro-
poses TO give more real power to the
new Association of Nations than the
resent League has But that power Will
be restricted in two ways.
In the first place the power will be
confined wholly as court, which court
shall not be free to act as it pleases.
II
ing to q codification Of international
law. 1t Is true that international law is
niwhere cOdified now, in the sense that
legislative statutes are codified: but
nevertheless there are principles Of In
tCrnational law that are well understood
by every one familiar with the subject.
T II is part Of the Republican plan TO
to formal code, which code shall goVE
ern the court Of the new Association
of Nations.
Also. the court will be governed. as
every court is. by precedent In both
these ways the power which the new
court Is 10 possess i'll be restricted: Inc
now court will not be free, as the Coun-
ell and the Assembly Of the League are
free. to act on each case according to the
cxpedency Of the moment and accord
ing 10 whatever might happen TO be the
political necessities OF the case.
Not only VIII the ne" court DC
stricted in this way. In addition. the
field in which this court can function
will be carefully confined and limited1;
Certain subjects like immigration, will
be specifically excluded from Its 1uris>
diction. and will remain as they now
are subjects in which each nation Will
continue to be a law unto Itself
The distinction between body or
men acting as diplomats in the Councit
Of the League and a body OF men act- ,
Ing as court may not be readily
clear to Laymrn. although every lawyer
viii recognize 1t instantly: But that
difference IT, almost literally all the
difference in this world.
There should he an American cam
paIrn OF education 10 make this dif-
ference clear. Many OF our people. as
n result OF all the acrimonious discus:
sion. have came to be suspicious OF
very detail Of the League. II Will r"
necessary to make clear to them how
great Is the difference between the
principle Of the League which America
has rejected. and the principle of the
alternative which In due course will be
submitted to us.
CCopyright, 1920, by n. Y. Evening Post.
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