The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-02-25


of speakers who will be in Birming-
ham at the forthcoming regional
conference on peace.
That conference will follow inn
mediately on the INSTRUMENTATION
evangelistic campaign of two weeks,
beginning March Is.
controlled or subject to review by the
League of Nations"
The process of entering the court
without going into the league could
be accomplished, the President ami
Secretary Hughes suggested, by sim
ply becoming a party to the proto-
col signed by the league members in
December, 1920, formally putting the
court plan inlo effect. Whether the
other signatories to the protocol
would agree to adherence by the
United States with the reservations
pr oposed did not appear in the COM
munications placed before the Senate
but it was assumed that the admin
istration had advised itself on that
question before formally asking for
Senate approval.
Points To Presidents.
Secretary Hughes letter to the
President reviewed how the United
States had frequently acted as arbi-
TRAITOR DokWeeu OlucE IdllOHSy Hdu
concluded many arbitration treaties,
in accordance with The Hague con-
ventions and frequently had de-
elared through its responsible spokes-
men its adherence to the principle of
judicial settlement OF international
disputes.
1T is believed" Mr.. Hughes fur
Their wrote, that the preponderant
opinion in this country has not only
favored the policy of judicial settle
n>ont of justifiable international dis
putes through arbitral tribunals
specifically established, but it has
also strongly desired that a perma-
nent court of international justice
should be established and main
tanned"
Pointing out that the covenant of
the League of Nations provided for
organi7at ton of such a court, MIR.
Hughes declared that this particu-
lar provision did not enter into the
subsequent controversy with respect
to participation by this government
in the league" He then recounted how
the league council preceded to or
sanize the court in conjunction with
an advisory committee of jurists of
which Elihu Root was member
Final establishment of the court
was authorized, the secretary said,
by a protocol signed on December
49, 1920, and it was to this protocol
that the President proposed the
United States now give its adher
ence subject to the four reservations
suggested. The first election of
judges to the court, Mr.. Hughes add
ed, took place in September, 1921,
with the result that John Bassett
Moore, former counselor of the state
department, was chosen to one OF the
eleven places on the bench.
United States suitor.
In considering tho question Of
participation of the United States in
support of the permanent court" the
secretary's letter said. ut may be
observed that the United States is
already a competent sutton in the
court. The statute expressl.s pro-
vides that the court shall be open
not only to members OF the league.
but TO states mentioned in the an
mex to the covenant,
But 1t Is not enough that the
United States should have the privl
leges of sutton. In view of the
vast Importance of the provision for
the peaceful settlement of interna-
tional Controversies, of the time
honored policy of this government in
promoting such settlements, and
owing 10 the fact that It has at last
been round feasible to establish upon
sound basis permanent interna-
tionaI court of the highest distinc-
ton and to invest 1t with q juris
diction which conforms to American
principles and practice, / am pro-
foundly convinced that this govern
ment. under appropriate conditions.
should become a party to the con-
vention establishing the court and
should contribute it's fair share to
the expense of maintenance.
o o O
Finds No Obstacle.
II find no insuperable obstacle in
the fact that the United States Is not
a member of the League of Nations.
The statute of the court has various
procedural provisions relating to the
league. But none of these provisions
save those for the election of judges,
are of a character which would Gre
ate and difficulty in the support of
the court by the United States de- |
spite its non membership in the
league. None of these provisions i'm
pair the independence of the court.
1t is an estimate separate from the
league, having a distinct legal status
resting upon the protocol and the
statute. 1t is oganized and acts In
accordance with judicial standards.
and Its decisions are not confronted
or subject to review by the League
of Nations"
Secretary Hughes declared that
membership in the court would not
require acceptance of the tribunals
jurisdiction in any case not volun
tarily submitted to it. Hence he
said. the United States would not be
required to depart from its tradition
al view, that there should be spe-
cial agreement for the submission of
particular controversy to arbitrate
decision"
The fact that the Judges are elect
ed by the assembly of the leaguet Mr..
Hughes said, might Well b, regarded
as fundamental objection to ad-
hesion on the part of the United
States. He added, however, that in
his opinion the reservation suggested
II that subject. giving the United