Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1921-06-21
THE PEACE COURT eUANpARY

TNIIE relationship of the Hague Tribunal,
l. in which the United States is officially
concerned to the Permanent Court Of In
ternational Justice in process of erection by
the League Of Nations, 70 which the United
States is not a party. is illustrated by the
interesting imitation which has just been
issued TO Elihu Root. John Bassctt Moore,
Judge George Gray and Oscar S. Straus.
These eminent American iurists. who are
duly qualified as arbitrators in the Hague
Court. have been asked by the council of
the League to submit the names OF four
persons. no more than two of whom shall
NC Americans, as candidates for election as
Judges Of the new court under the League.
When the council and the assembly Of the
League meet in September these bodies viii
make the final choice Of Judges, Of whom
there are to be fifteen. and of deputy Judges,
of whom there are to be six.
il Is significant that in requesting the
services of Messrs. Root Moore. Gray and
StrauS the council has primarily recognized
their tenure Of offices which have the sane
tion OF the American Government.
The arbitrators of the Hague Tribunal
arc appointed for six years and they may
be renominatcd. Judge Gray is the veteran
member. his assumption Of office dating from
1900. Mr.. Root has served since 1910.
Mr.. Straus since 1902 and Mr.. Moore since
1913. Changes of Administration obviously
have not affected their incumbcncies. nor
have their duties been regarded usually in
a light other than respectful
Despite it's failure TO prevent the World
War. tho Hague Tribunal has been given
the credit for excellent intentions. and anti
League opinion in the United States has
favored such strengthening of this court
as will render II authoritative in settling the
most vital international problems.
But the original builders Of the Hague
Tribunal scarcely contemplated the exist
ence OF either a rival or n partner organiza.
tion devised along similar lines 1t is in
this capacity that the Leagues International
Court Of Justice, in the framework of which
Elihu Root was so actively concerned. now
appears The elder court is. in sense,
requested 10 give the new one it's start
Nations which are members of the League
are naturally unembarrassed by this circum-
stance.
Tho United States. however. is presented
with a problem of unusual Compcxity. It
may be argued that the four American arbi-
traitors in the Hague Court have no right
to participate in the operations Of a League
which the United States has rejected On
the other hand. the council Of the League
soliCits their services rs individuals holding
offices to which they we're accredited by the
American Government.
One way out Of the quandary. Of course,
would be to dismiss Mr.. Root. Mr.. Straus.
MIR. Moore and Judge Gray il they betray
an inclination TO advise the League The
adoption of such drastic methods, however,
might be interpreted MS discountenancing
the general principle of arbitration. in which
the country as whole maintains n warm
faith.
Should the League persist in it's adhcr-
encc to the procedure outlined in Article "
of its constitution. new American members
of the Hague Tribunal would bc sent invi-
tations similar TO those received by the pres
cnt othcphOldors. Should we withdraw from
the Hague altogether. it will be permissible
to discern a paradox between our senti-
mcnts and our actions
II has been said that the means of select
ing tho Judges Of the Leagues court was
troublcsom" TO its makers. Reliance on the
prestige of tho Hague Tribunal was chosen
as an escape from the difficulty. The So
called Root plan was praised in some quar-
ters for the fashion in which II Incorporated
the Hague Court in tho general peace
scheme. The simplicity of this tribute is
cvaporatinS in contact with realities.