The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-11-27
Holds Sovereignty i'll Dan
ger if Small Nation Can
Summon Her.
MAY WITHHOLD REPORT
Committee Fears America
Would DisapprOve of Any
Radical Changes.

Copyright, 1920. by THE NEW YORK HERuD,
GENEVA, Nov 26.-The unanimtty
rule has been applied here to uphold
the action OF the Council of the
League of Nations at its meeting in
Brussels when 1t denatured the inter
national court project; despite the fact
that a majority of the nations repre-
sented on the committee on the court
of international justice clearly showed
themselves to be in favor Of the COM
uulsory Jurisdiction plan of the inter-
national jurists, one Of whom was
E.lihu Root of New York.
The prospect however. Of the court
project emerging complete from this
meeting of the Assembly is not sure.
Opposition to the excision of the COM
pulsory jurisdiction feature is growing,
and 1t is doubted if the necessary unan-
unity can be obtained in the Assembly
for the project as it was changed at
Brussels by the council This being the
case the subcommittee of jurists may
not report until after the session here
ends.
The international court project has
appeared as the one concrete thing
which has a real chance of being ac-
complshed here, and the friends of the
league now are downcast over the pros
pect OF the new delay.
1t was indicated in the committee to-
day that the fear the United States
would disapprove of a radical change
in the Root plan as was expressed by
the council was operating TO keep it
from opiDe m :, Aoo
The proceedings i'm the committee in
dlcated that the assembly would give
the international court project to the
world. but Article XIII. and Article
NXNlN. would be changed as il was
changed in Brussels.
Opposition 10 COmpuIsion.
Again. as at The Hague, it was the
objections by the same Powers. par
ticularly the British Empire, that de-
termined the matter of whether or not
the compulsory jurisdiction feature
should be dropped At the Brussels
meeting Arthur J. Balfour. speaking for
Great Britain, objected to any project
whereby Great Britain could be sum-
moned against her Will by small ma
tions. such as Egypt. for example,
holding that this was touching on the
sovereignty question When at the
meeting here some of the small ma
lions, like Portugal, Panama and Ar
gentina, voiced strong demands for
compulsory jurisdiction for the court,
il was Lord Robert Cecil. representing
the Union of South Africa, who made
vigorous objections. contendng that
the time had not come TO give the court
such power.
Lord Robert also objected strongly TO
another feature Of the plan, namely.
that one under Section \. Article
NXXIN., which gives the court jurisdic-
tIon In the matter OF interpreting all
treaties. ile asserted that The court
could not be permitted 70 interpret the
Versailles Treaty. lie favored the coun-
ellis recommendation whereby Article
NXXIII. would be changed by saying
that the courts Jurisdiction was merely
defined in Articles MI, XIII. and XIV.
of the league covenant, and In the new
wording OF Article XXXIv., the effect
of which is to empower the court to
hear only those cases which the dis
putants agree between themselves to
submit to it.
Senior da Costa of Portugal attacked
this change in the strongest language.
He declared that the Powers should
agree to be ruled in the future by
right and justice instead OF by force.
1--WE are going back on our pledge to
the people by so changing the court
project" he asserted.
Senior da Costa said that court
without summoning power could scarcely
be called a court at all.
Senior Arias OF Panama said the
worlds opinion certainly would regard
The Assembly as having failed in its
duty If II accepted change which put
the whole court in danger. He said II
certain articles lnfringed on the cove
nant the world nevertheless would APP
prove of the court having such power.
Confidence I'm Court.
10 was Indicated by remarks made by
delegates that the small nations place
more confidence in the international
court than they do In the league itself,
tha. ho h.s