Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-09-16
NEW WORLD COURT AVOIDS
HAGUE TRIBUNAL PITFALLS
The Power Behind Its DEGREES Renders
It Vitally Different From Any Other
Machinery Ever creaAd to
Preserve Peace

Hague machinery for safeguarding peace.
| Much had been heard of a permanent court
of international arhitration but in the hour
Of crisis humanitarian expectation had been
! blasted and the robes of justice turned to
| militant khaki.
In the tragedy of the times it was natural
TO seek Il scappgoat That the so-called
! Hague court had no defense was an opinion
generally and scornfully circulated. Into
! tbo cnusc of this inability. however. com
| rarativcly little calm inquiry was made
! But now that civilization is picking up
| the strands of sanity once more and that
the preliminary draft Of plan to try IN
tprnntona disputes is bcfor, the council OF
| tho League Of Nations, a decent regard
for facts is decidedly in order.
The permanent court Of arbitration nt
| The Hague failed to function six years ago
for the very specific reason that no perma-
pent court Of arbitration at The Hague
| existed.
There was, II Is true, an aspiring tribunal
pledged to CONSIDER It duty in the event
| of an acute conflict threatening to break
| out between two or more powers, to remind
| them that the permanent court is open to
| them" This action it was added, lis
! only to he considered as an exercise Of good
| Offices
In addition to the almost apologctic tone
of this. announcement it is vulnerable on
,rc score of inarruracv. The permanent
r,,,rt ,f arbitration. despite the constant
official uSc Of that phrase. was dream of
! thr .irnatorics Of The Hague conventions.
| IN 1907 m ottcmpt was made to ''organ-
izo q tribunal which would pass judgments
ho.yvccr nations with the same impartial and
in,ncr,ona1 Judgment that the Supreme Court
! or tbo 1.ritod States gives to questions aris-
ing between different states or between for
oirn citizen, and citizens of the United
! Stotcs
Tho definition i by Elihu Root. Many of
| his coufrcrcs in the convention of thirteen
| vo,r. MO- shared his sentiments but the
! srher,o was shcIvcd The difficulty of decid-
inc how. the members of the court should be
ounointcd nroynd tho stumbling block. When
rho assembly had dissolved a rcrommonda-
! tinr Of n plan to organize a true nterna-
! tfouaI court on an efficient and vigorous
scale had been nasSed but no more prac-
! tiraI stems in that direction had been taken.
!
Tho Hague tribunal as it has existed. is
! ,ot m hn confused with the much more elab-
oroto vital and comprehensive machinery
contemplated. In 1893 Nicholas II Of
Russia suggested the adoption of program
of international arbitration. The first
! TIoruo conference met tho following year
and n convention by sixteen assembled powers
! ,.o- .igrod
This proyidcd for the nomination of arb-
: t~o,ors bv the members and specified that
IN coso of n dispute each party was to name
! t,ro orbitrators from the list who in turn
! ,,.orn IN choose third as umpire. In case
. If f,jnIro TO agree on this official he was
m bc chosen by = third power.
Rv this machinery fifteen international
! rc,c. hayr been decided at The Hague. The
most important. perhaps, was that involving
tine settlement of the financial claims Of
various powcrs against Venezuela in 1904.
Tloro was however. no comrulSion cxNr-
,f.od unon any nation to Submit really vital
r,r .r1 i. prctentiop. nomenclature n ''nor-
| r,orcrt court Of arbitration" equipped with
| ci,rrr ,iroro,s initiating or coercivc powers.
r'h, DI,r 70 institute such an authorized
! i,l;.ioI hodv was slunlbcring when the war
on.,cd
Wrot mipht have been ACCOMPLISHED by
,bo ovi.,rncc Of such n court oncr4 the door
- rr,fmftoJ ,necuIatjon. But this much is
.Yro--rho Hague tribunal was not en-
,,,,,,.or,d IN foro.toU n catacIysm Such
ro,,rt n. was srIgpoyt.d At tho second Horue
,,,,sorcr..o IN 1oO7 hos rovor faiIod Il has
u,4 i,.o,, c,ootoI
r. hr;,a - ir,n oyis+orco hodu of
~ i,uit l ov,,on. -, i.n,
.t,l ro la, f,r ,.ra.ol ,,,,,,.r ha,.,
,,i,.,t, ,,,o 1,u,,L aa.i,nr ,rpa
J.i.,.,,o. 7,ro,,f,,c,,.r,, ,boso, nv t,o oo,,n