The Washington herald., 1921-03-12

that President Harding will use the great
ability and experience of Elihu Root in
formulating and putting in effect his program of
foreign relations. With Secretary Hughes and Mr.
Root who are close personal friends collaborating,
the people of the United States will consider the
future place and part of their country in foreign
affairs as fact accomplished.
rs Mr.. Root has been a consistent supporter of the
policy that this country should enter the league of
nations under a radically revised covenant The
court plan which the league has accepted, is that
OF Mr.. Root, and bears his name. The league in
its adoption, however, refused to include compul-
sorry jurisdiction which Mr. Root is believed to con-
slider essential to its effective operation peace
preserver
It is Of interest to recall the powers and au-
thority given the league, which would be unneces-
sary if the Root court had such compulsory uris-
dction and The Hague tribunal, under this plan,
becomes the league court of arbitration. The much
disputed and discredted Article X would then be-
come wholly unnecessary, as the court would be-
come the agency through which external aggres-
sion" could be and would be halted in its inception
Similarly any threat of war; made the concern
of the league, would automatically become the
of the through the right of any state to
appeal to it and compel the appearance of any other
state threatening it. the of trouble Indeed
it would probably be the right of any state which
tween other states to appeal to the court bringing
the others in defendants.
All the so-called "militarist features of the COW
enant calling for league intervention giving su-
thority to the council or assembly to intervene
would be made unnecessary. They could be
stricken out the court would be far more
effective, a prompter and conclusive agency
for these purposes 1t would, also as wholly judi
cial, be free from any charge of prejudice COM
bined political interest
In this way Article XIV, one of the longest
most involved and most apt to be trouble breeder
would become superhuous. 1t makes the council
practically arbitral body, with semijudicial func-
tons which it, cross between an executive and
legislative body, never should have. These func-
tions would be lodged in The Hague tribunal or
would be covered by the compulsory jurisdiction OF
the court
Mr.. Root made the court an integral part oi
the league He used the league the agency for
organizing the court, establishing it and selecting
the judges. This, however, demands only that the
league be preserved in its organized form. The
next work would seem to be to rewrite the cove.
nant to make it conform to this new and central
feature; to rebuild it it were, around the court
This would remove the objection that it was in
any Objectionable measure supergovernment as
naturally under such plan the assembly would be-
come strictly legislative body to codify formulate
and from time to time add to the body of interna
tional law, its becoming effective as ar.
treaties, only to. and between, such governments
as ratified them.
. The council, as naturally, would then be eithe,
an upper legislative body, both that and the
executive to recommend and carry into effect meas
ures to enforce the decisions of the court and
tribunal Whether these measures were economic
or military would be for it determine and for the
several governments to approve.
= 1t is fair to believe that the courts decision.
would be accepted, is the history of arbtral dec
sions. The only real, effective compulsion would be
International opinion. If it strong enough tc
warrant and international action such actor
would be unnecessary.