San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-09-04
EUROPEAN ROW
. UNDER LEAGUE
/. JURISDICTION
Italy's Refusal Will Not
Prevent Handling
of Row.
ARTICLE II COVERS
~
Case of United States and
Mexico Offers Pre-
cedent.
By DAVID LAWRENCE.

Copyright by the San Antonio Light.
Washington, ID. C.. Sept. 4.-ltaly :
refusal to permit her controversy
with Greece TO be considered by the
League of Nations at Geneva. on toe
ground that the present Greek govern
ment has not been recognized by the
powers as legal, need not prevent the
league from assuming jurisdiction.
sThis is the view taken By those who
have studied the covenant OF tn'
league of Nations. particularly tIs
famous Article ii which was so often
interpreted by President Wilson IN me-
speeches as giving any nation the
right to bring 10 the attention OF the
league any dispute in any part OF the
world likely to affect the peace OF the
world whether it was between mem
Der of the league and a non-memoer.
Indeed Lord Cecil on his recent
visit to the United States declared
that under Article ii the reparauons
dispute could be considered. but that
out Of Difference 10 the wishes oil
France the controversy had not been
taken up because the parties Interest.
ed believed they could ultimately adj
Just the matter by direct negotiation
between governments.
Greeks Actually Appealed.
In the present case one OF the two
parties TO the dispute actually appealed
to the league which cannot say it Will
keep hands off out of Difference TO
Italy without seeming TO take the side
of Italy.
The question of whether the present
Greek government has the right 10
appeal TO the league is not considered
pertinent here for it is pointed out by
international lawyers that the GreeE
membership in the League Of Nations
is not q membership of any particular
administra ton or regime, but il is peg
manent.
lin other words the Greek nation en-
joys the membership TO the fullest ex
tent irrespective of the existing type
of government in Greece.
Nations do not lose their treaty
right simply because of an internal
revolution or domestic disturbance.
Ample precedent is afforded in the
case Of the United States and Mexico.
gNo recognized government has ex-
listed in Mexico for several years but
the United States has insisted upon
protecting American property rights
under earlier treaties made between
the Mexican people and American
people.
The general feeling here is that
Italy has seized upon the pretext OF
M unrecognized government in Athens
"a means of shelving the issue so far
as the league is concerned.
at involves the acid test Of the
Leagues real strength.
SHOULD the League of Nations ac-
cept the Italian Interpretation and
keep hands off. Article ii of the cove
nant will become a dead letter and
faith in the league itself will be lost
By many of its warmest supporters.
SHOULD the league on the other hand
step in, and call Italy TO task for vio-
lkting the Versailles treaty-as the
cbvenant is an Integral part of the
tfaty-the prestige of the Geneva in
sEtution will rise considerably.
sThe main value of the league which
hss been amitted by its staunchest Or
ponents has been that part of the
Versailles covenant which makes II
obligatory for any nation having al
dispute with another TO wait at leas:
three months before beginning hostiii.
tics.
The belief was that during the three
months inquiry a peaceful solution
would be devised especially as nationll
passions would be expected to subsiGe
during the waiting period.
The doctrine of a cooling-off spell
was promulgated by Secretary of State
. William Jennings Bryan in so treaties
between the United States and all the
important powers of the world except
Turkey, Japan, Germany and Mexico.
The First Test.
There never has been an important
test Of the principle until the present
outbreak Of hostilities between Greece
and Italy,
The question now being asked IS