The Washington herald., 1920-12-10
LEAGUE STRIVES
TOSAVECOURT
FROM OBLIVION
international Court OPP
position Looms as Jur-
lists Work Desperately.
TRIBUNAL MAY BE
LEFT TO NATIONS
Step Contemplated by
Committee Violates Ar
ticle XIV, Experts Say.
ny BURNET HERSHEY.


tempts are being made today to
save The Hague international court
Of justice project from what Its
supporters. here term, the menace
OF. extinction. The word extinction
is perhaps too prematurely applied
as regards the fate Of the court, al
though the matter Is by no means
sailing in smooth waters here and
the danger that the world will not
receive the charter for a long time
is a genuine one.
One thing almost certain today is
that this assembly will adjourn
without attaining its most cher
ished purpose-the creation of a
world court as envisaged In article
XIV of the covenant. This is what
an ardent group of representatives
is fighting desperately to avert and
they are today searching for an un-
derstanding with the powerful op-
position that developed in the COM
mittee of iurists engaged in the re-
NlsiOh VI thc fNOoA-f hhithhOhO oAeAe
scheme.
Oppssitien L. Serious.
The opposition is serious, for 1t
aims taking the creation of the
court out OF the hands OF the as
sembly and making the whole proc
ess one for the chancellories and
parliaments of the respective ma
tions represented In the league.
Fully two-thirds OF the committee
of jurists favor the adoption OF q
plan by which the court project be-
fore becoming operative would be
first submitted to all the govern
ments or to conference Of pleni-
potentiaries for signing the con-
vention. which would then require
the separate ratification Of each
This procedure, which Is being
urged by. conservative members of
the sis8gus, appczrs 10 have fn6g htr
ened some OF the smaller European
countries into an acceptance of al
most any .eompromise in order to
save the court. 1t should be re-
membered that in the minds of ,
many here the court still stands
out as the one tangible, practical
result this assembly could have and
they are therefore bending all their
efforts to put II through. al
violates Article XIV.
Not only would such a step as is
now contemplated by the committee
violate the express stipulation or
Article XIV of the covenant, which
gives the league and the assembly
IL, F.tn 70 %
and start and a court of justice. II
is argued. but 1t would rob the as
sembly of the last vestige of inla-
potency of an international debat-
ing society. This move is regarded
as a part of the general policy pur-
sued here by a group of states TO
deplete the assembly of its com
potency in matters relating to world
policy. 1t Is In direct line with ev-
erything done up to now to mini
mize the importance of the assem-
bly, by placing vague intcrpreta-
tioH on the article of the covenant
defining it's powers.
1t is frankly admitted that II the
powers have decided to bring the
court project within the orbit of
their foreign Offices no amount of
debating in Geneva will avail anc
this court, intended to have been
the work of the assembly of nations.
will follow its predecessors along
the cautious road of the old diplo-
macy.
A frank discussion of japanese
policy toward China was entered
into this evening by Baron Hayashi.
to Great Britain. and
head of the Japanese delegation to
the assembly. He told correspon-
dents that Japan is now concentrate
ing her efforts to. open negotiations
with China for the return of the
former German provinces. The one
primary condition for the return of
these territories, he said, was q unit
ed Chinese nation whose guarantees,
such as the restoration of free trade
in those provinces, could be accepted
as binding.
Doubt About Intentions.
There Is some doubt as to our
good intentions toward China"
Baron Hayashi said. but we are
ready to prove We intend to return
the regions we hold. So far the 9TH
er powers holding Chinese conces-
sfons have not relinquished them.
Big powers like the United States.
Great Britain and France are lust
beginning to work in harmony to-
get China out of her present chaotic
condition. As far as we are con-
cerned we regard the present plight
of our neighbor with the greatest
sympathy.
We hope that some time in the
near future, say ten years from now.
China will enjoy a position in the
league on an equal footing az a
power with Japan. China must first.
however, heal its divided self, get A
strong man at the head of her az
fairs and reorganize her communica-
tions and administration. She must
get rid Of her military governors and
her army of a million, the feeding of
which Is draining her resources.
But 1t is only gradually and
methodica1y that China can attain
political and economic emancipation.
She is now seekin gtariff reform and
her former = territorial privileges.
They viii come only as a result of
patient endeayor ON the part Of
China's young educated men,"
tcepyrisht lsso, Pubic Ledger Col