Evening star., 1921-06-21
AMER|CAFAVORS q
..;
WORLD TRIBUNAL
Government Leans Toward
Court, Although Created !,
by League.
BY DAVID LAWRENCE.


The United States government looks
with friendly eyes on the establish
| ment of the world court of interna-
tional justice. even though that BODY
| has been created by the league of ma
| tons. The Harding administration,
| fearful of the wrath of the 'irrecon-
! cilables." will not openly lend its in
| fluence to the establishment OF the
\ court, but the council of the league OF
nations has prudently save the Wash
| ington government much embarrass-
| ment by addressing its invitation 10
| Elihu Root, Judge Gray Of Delawar-
and Oscar Straus, who are the perrna=
| nent American members OF the Hague
| tribunal. Without committing the
| Harding administration in any way to
submit its disputes to the jurisdiction
\ of the new court in making the con-
| stitution, of which Mr.. Root played SO
! important a part, the invitation to
nominate judges for the court Will be
| accepted.
| Government Interested.
J The Department of State has made
| it clear that the United States gov
| ernment is watching with consider
| able interest the development OF the
court and while the fact that the
| court. and while the fact that the
| league is recognized no comment IS
| made upon Americas future relation
ship to il officials OF the Harding
/ administration admit that the dlf-
! ficulty has been the selection OF
| Judges and that many An excellent
project during the last century has
been wrecked because il was never
| possible to satisfy all the parties
| concerned on the naming OF Judges
| The small nations always refused
/ to be subordinated and the large
powers declined to see the court made
1 up of representatives of small coun-
| tries. The solution came when the
| council and the asst rnbly OF the
| league of nations actually MADE sucn
| a separation. The nations large ana
small have become accustomed since
the peace conference to the upper
and lower house, SO to speak. or the
| league of nations. and now. while
nominations are made by the council.
they must be ratified by the assembly.
Separated From Politics.
Once the judges are named the JIM
ternational court, has really, nothing
more to do with the league of nations.
1t is absolutely separated from any
be conrs ana of the word
making its decisions irrespective of
national interests and only for the
Hntouf cipies OF law law. The beIief is growing
that once the court is S on is - fee, :; and nc
istfatian aifx eifrn %iii not T hesi,ate e submit
disputes to that body. II will be diff
icult for Ameriea e REFUSE viz 70 90 sorne se
member Of the league. of nations
which wants 10 let the international
e0u scope Legal Questions.
The purpose of the international
court. is to, deal with purely legal
have resulted from the failure of ma.
tions 10 get together on questions of
: deal with political or strictly senti-
mental questions but will render its
fsS:e'Rhi have Ritherto e gone unsettled and haye
sooner or later kindled the fires OF in
ternational hatred and misunder-
The Republican party has again and
again pledged itself to help make an
international court, and although the
covenant of the league OF nations pro
vided for the creation Of such a tri-
bunal there were many speeches OF
criticism made when the peace COW
enant and treaty were MADE pubic
and it was found that the interna.
tional court was left to the future. 1t
was partly as a result of that crit
icism and partly because OF the desire
of foreign governments to get the
court started that the proponents OF
the plan decided not to wait for Amer
lean ratification of the peace treaty.
but to invite Elihu Root as private
, citizen and distinguished jurist TO
: frame a constitution for the new
court Mr.. Root spent most OF last
summer IN 6uTOpe WI oH hhS
plan which is now bearing fruit
League Technically Dead.
I 1t was while Mr.. Root was in Lon
don that he cabled Mr. Harding that
/ it would be unwise to pronounce the
: league of nations dead" for IL was
already proving its usefulness in MAX
. ing the international court a reality
after years Of futile effort in that di-
rection.
/ Mr. Harding. however. being unfa-
: mjliar with what Mr.. Root was diScov-
5 ering on the other side of the Atlantic.
, made a speech shortly after the cleo
ton echoing Senator Lodges statement
that the league was dead" Mr.. Hard
ing confirmed this later on. but IL is
now of course, insisted that the Presi-
dent was expressing an opinion only.
SO far as the United States is con-
cerned.
In other words the league technical
| ly doesn't exist with respect to Ameri-
ca, and Ambassador George Harvey
added a sentence to the funeral ora
ton recently when he said that the
: Harding administration wouldn't deal
with the league, directly or indirectly.
The foreign powers have since sent all
their communications through other
channels, and the latest device adopted
| by the council of the league when 1t
, wishes to reach the American govern
| ment is to address a note 10 the Su-
| preme council, on which America is
represented.
Copyright, 1871
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