The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1922-01-11
INTERNATIONALISM
IN SUPREME COURT

Justice John H. Clarke, Wilson APP
pointee to the United States supreme
court, has allied himself with those
who favor cancellation of the Sill
900, 900 debt owed to the United
States by foreign governments. In a
speech before the Cleveland Chamber
of Commerce he demands that the OBJ
legations be promptly and wholly
cancelled" He urges such action
first as a matter of friendship for
the allied nations, and second, on the
basis of sound business policy for the
United States. AS bearing on the
equity of his suggestion, Judge Clarke
asserts that the United States losses
in men were less than / to so of those
lost by the allies, and that our mon
etary loss, even if the loans were to
be cancelled, would be only one-
fourth that of the allies. He calls
attention also to the service the al
lies rendered the cause before Amer
lea entered the war, apparently with
the idea that America owes Europe a
reimbursement for a portion of that
service.
Justice Clarke makes the common
mistake of the internationalist in as
Stunning that the allies were fighting
Americas battles in the months from
August, 1914, to April, 1917. Such
an assumption is far from the truth.
The war did not become Americas
war until American rights had been
trampled on by Germany to an e
tent that warranted a declaration of
war. In the opinion of Congress that
time did not arrive until early in
1917, and war was declared on April
6, of that year. A discussion of the
comparative losses of the United
States and the allies is beside the
point. 1t is sufficient to say that we
threw every available man and dol
lar into the struggle once we had be-
come a participant, and it is generally
admitted that the efforts Of the Unit
ed States turned the tide of battle
which, up to that time, had been run
ming against the allies. If the Unit
ed States owes the allies anything for
assistance in the great war, the allies
owe the United States at least as
much for saving the day in the COM
mon cause. Americans have heard
enough about the debt of gratitude
they owe Europe. AS a matter of
fact, had it not been for the intrigues
of European royalties, the United
States never would have had to sac
rifice $4,000 lives, the health of thou
sands more, and forty billions of
wealth.
But what Of the propriety of a man
in Justice Clarke's position giving
voice to such sentiments? 1t is a
very grave question whether Congress
or any other agency of our govern
ment can give away billions of the
peoples money. The Bill of Rights
in the Constitution very carefully re
serves to the people or to the states
every right not specifically granted
!. by the Constitution to a federal agen-
cy. 1t would be very difficult tt
| find in the Constitution any authoriz
) alton upon which Congress could base
l a bill for cancellation of the loans
If such were attempted, any Liberty
: bond buyer whose money was loaned
to Europe would have a personal in
terest in the matter, and could start
= suit in the federal courts to test tn
: constitutionality of the cancellation
law. Such a suit would eventually b
: carried to the United States suprem
court, and Justice Clarke would b
one of those called upon 70 decide tn
!" issue. If he thinks the money of tn
S American people, can be used to pun
d chase the good viii or to buy tn
trade of Europe, he is scarcely quail
fled to sit in the hearing of such
s case.