The New York herald., 1921-09-11
WILL ELECT ROOT
IF HE Will SERVE
League Assembly Would Be
Glad to Name Him Inter-
national Judge.
BUT CAN GET NO REPLY
US. Ignores Receipt of Mes
sages or of Plans for
Court.
BEG AMERICA TO REFRAIN
Members Would Ask Her, to
Promise Not to Aid Cove
nant Breakers.
BEG AMERICA TO REFRAIN

Special Cable to THE New YORK HERALD.
Copyright, 1921, by THE New YosK HERALD.
GENEVA, Sept. 10.---With the election
Of Justice set for Wednesday, a state
OF great uncertainty exists here re-
garding the position OF Elihu Root
Reports from. Washington that he has
presumably regarding his nomination
and the subject of the court, were
read to-day with great interest.
Ambassador d'Acunha of Brazil.
who first nominated Mr.. Root. told
THE NEW YoRK HERALD correspondent
to-day, however. that a week ago ne
had telegraphed to Washington and
had received a message from the Bra
lillian Embassy there that under no
condition would Mr.. Root serve If
elected.
Name Not to He Pressed.
Consequently Ambassador d'Acunha
said that Brazil did not intend to press
Mr.. Roots nomination, but would cast
it's vote elsewhere. With Brazil making
this announcement there seems to be
little chance OF Mr.. Roots name being
even voted on unless in the meantime q
definite message arrives from him
that he would accept place IN the
court
Inquiry at the leagues secre.ariat
showed that Ambassador d'Acunha's in
formation was not shared there. The
secretariat has been very much con-
cerned with the situation and even sent
a message to Mr.. Root himself, but has
received no reply from him. No method
OF procedure has yet been adopted for
the election. and long muddle and
delays are in prospect.
Well wishers Of the court believe that
the five principal Powers, including the
United States should have one Judge
each. and are hoping the other nations
represented will be Spain. Holland,
Scandinavia, some Germanc and some
Slay nation and one South American.
South America, however. is demand
ing three places.
U. :. Ignores League.
Diplomats here say there is no ques-
cases on its calendar Immediately. as
many nations are preparing to ask 1t to
define mooted points In the treaties.
There is hope that the United States
may lay before the court certain ques-
tons involving separate peace treaties
and the Treaty of Versailles. Very
general surprise is being expressed.
however, that the United States has not
taken even the first steps toward ratifi-
cation. or even acknowledgment OF re-
ceipt OF the court project. In fact. the
- i<,,Ia 90 yotf fat ord ba
court Is not known here.
Inquiries were made to Washington
to-day with a view to getting more
light on Washington's attitude toward
the court. 1t would require the consent
OF the League Council for State that
had not ratified the project to take any
case before the court which would seem
to preclude the possibility of the United
States making any use of II as a non-
member.
Dcg U. $. Not TO Interfere.
The puzzling situation In which the
league is now placed is that 1t now
seems destined to lack universality, for
the future is being continually en-
phasized at the present meeting. One
suggestion now made Is that the future
abstention of the United States being
expected. the league asks the United
States at least to promise passive CO.
operation In n,ea sures such as forbidding
the expectation of arms to breakers Of
the covenant and economic and punitive
measures which are to apply to peace
bre akers.
In other words, II is suggested that
the United States, although remaining
definitely outside the league. be asked
to promise a certain cooperation with
the league to preserve the worlds peace.
The same problem was presented to-day
by A. j. Balfour of Great Britain In his
remarks on the subject of disarmament,
in which he asked how the league could
effect disarmament until II was sure
the states outside the league would ac-
cept the same policy. Speaking on the
question Of private arms manufacture. |
Mr.. Balfour said:
How could nations within the league
pass self-denying ordinances regarding
the manufacture and distribution of
armaments when the great manufacture
ing interests outside the league refuse
to be bound or. so far as know. even to I
consider the problem with which their I
brethren inside the league are endeav-