Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1921-07-04
IAlSIVCS SUGGESTION ATO
POLICY IN RELA TlON TO PEACE
TREATY AND NATIONS LEAGUE

fact by the five principal powers. TIT
consequences Was that the principle 81
the equality OF nations, elemental Ii
"a permanent organization devoted tc
1.-THE pacific removal of causes OF war,
was subordinated to the principle tina,
the posseseors OF superior force had
the right to determine international
action, a principle essential to treaty
endorsement, but no essential to peace
ful settlements.
The qualities Of universakty and
permanency, which the League OF Ma
lions ought to have, were thus seri-
ously impaired by clothins It or its
council with authority to enforce GER
tain provisions OF the treaties, espe-
claHy A. no provision is made in the
covenant for exdnguishing the right
TO employ force after the terms OF
peace have been fully complied with
and the need OF coercion no longer
exists.
Two Agencies.
Under present international condi-
lions there should be. in my opinion,
two distinct agencies, each function
ing within its own independent
sphere. One OF these agencies should
be for the enforcement Of all Of the
termsSof peace n based on the pos
session OF physical might by the ma
tons composing the agency. The 9TH
or shout be for the remova of peace
full and not coercive methods Of the
causes OF war and based on the equal
ity Of nations. I will later develop
these views more fully. 1t il my only
purpose at h outset. to state certain
propositions in order that the reader
may more, readily follow the line of
thought presented.
The logical n practical agency for
Al treaty enforcement, and not merely
for the enforcement of certain ct the
terms Of peace as it now is. is under
the treaties the existing supreme
council. consisting Of the five princi-
pal powers. namely, the United States,
Great Britain, France, italy ana ia
pan.
The agency for the prevention 81
future wars may be the League Of
Nations, or rather. the assembly Of the
league, for the council Of the league
without the conventional right to al.
rect the use Of force has no logical
reason for existence in its present
form, though ~expediency may REQUIRE
It's continuance If the present struc-
ture of the league is preserved.
A Practical Course.
A practical course of action 70 BRING
About this reAdjustment under present
conditions would be the following:
L.. The separation of the covenant
OF the League Of Nations from the
terms OF peace and its treatment AZ
an agreement Independent and dis
tirct from the treaties of peace.
y. The elimination from the terms
OF peace BY amendment or reservation
OF all objectionable articles, such az
etc.
8. The amendment of the terms 81
peace BY inserting, in place Of "the
League Of Nations ."stne pr4notnal AL
lied AMI associated powers" or .lthe
supreme council or in some cases,
an International commission"
q. h ratification Of the treaties
OF peace In amended form or with
reservations -"
In regard to the covenant, it might
De amended by eliminating all Prov
sions comforting on it, directlv Or ~
Implication, any executive, Legislative
q judicial powers, such as are in
cluded in the articles dealing with
guarantee, with mandates, with sane.
lions. and with other subjects which
impose on the members moral as well
As legal obligations. A further amend.
ment, In accordance with this idea
would be to abolish the present coun.
Gu OF the League OF Nations ana con.
.fide all the functions ana ACTIVITIES
OF the council to the assembly as nov
constituted in 50 far as such functioni
DO not require the exercise or coercfye
power of any sort.
BY adopting this suggested method
OF readjuStr1ent the chief defect Of
the treaties caused by delegahnR tc
one agency two classes Of functions
which logically belong to two indie.
pend agencies would be cured.
Preserving Terms.
The advisability Of preserving fenAr.
ally the actual terms OF peace i'm.
posed on the central powers, with Ger.
tain notifications. has never beer
seriously questioned. In fact, ever,
plan proposed looking toward the res.
~toration Of a state Of peace IL based
on the preservation Of those terms II
SO far as American interests are affect.
ed. A necessary consequence OF ac.
cepttng the terms Is that there shat
be an International agency for theit
enforcement. That agency il 1oetcaliy
the principal allied and associated
! powers, represented BY the supreme
council, a. I have already pointed out
since they possess the physical might
to compel compliance with the terrne
Turning now to the organization 81
a general agency. for the prevention
OF wars, the following discussion
GEMS necessary to 4 rigid understand.
ing Of the subject.
It Is essential. in the first place, tc
recognize the fundamental principle
that all nations, regardless Of their
relative Eze. resources, and physaca.
power, are 10 times OF peace. when
law rather than force IL dominant
equal in that each possesses sover.
eighty and Independence, quatitie.
which cannot be limited and exist il
fact. This statement is 1t the same
time d legal maxim and 4 legal fic.
ton: but 1t must be recognized az a.
accepted principle applicable to in.