The Birmingham age-herald., 1923-03-11
THE INTERNATIONAL COURT

three-quarters of year, at least, to COIL sider President Harding's proposal that the American nation apply for admission into the Permanent Court of International Jus tice, or more briefly, the Worlds Peace Court. It should prove interesting to in- quire what this tribunal is, and how it op- crates.
 There would have been Worlds Court sixteen years ago at The Hague, if the na- tions attempting at that time to erect such court had been able to agree upon a method of selecting the judges. A great point this, of who is to pass on ones claims; and the ministers could not reach a decision. The court had other difficulties to encoun- ter in its troubled career, and gained no in- fluence with the creators of it. It was pow erless to prevent or to hinder in any way the bringing on of the greatest war the world has ever seen. Notwithstanding this rather dramatic failure, however, the hope that something could be accomplished by means of peace court survived; and the need of such a court was emphasized by the war; so that in the framing of the peace treaty care was taken to provide for the organization of peace court; and the or ganization was shortly thereafter effected, when twenty-five nations gave ratification to the court statute, which was in 1921. The number of nations now recognizing the court is thirty-five.
 The advisory committee of Jurists, charged with framing the protocol, met at The Hague in June, 1920 and in two months solved the several problems presented, in- cluding that of the election of the judges. The United States was ably represented in the committee by Elihu Root and James Brown Scott. In January, 1922, eleven scholarly American, John Bassett More, opened the first session of the first perma- nent tribunal ever established for adjudicat- ing issues between the nations. During the year four cases came up to be heard, three of which the court passed upon, and the fourth has been given an opinion in preliminary question, and is still pending. A fifth case is shortly to be submitted. Some persons may think this small return for whole years work, but let it be com pared with the results obtained by the usual arbitration commission, and it will be rec ognized as an extraordinary performance.
 What authority has this court? The ad- visory committee thought that the peace of the world would be promoted by giving to the court the right to call disputng nations to come before into court or accept judg- ment by default; but the framers of the covenant of the League of Nations limited the court 'to hear and determine any mat ters which the parties recognize as suitable for submission to it." Later, the League Council provided that there should be option to accept as compulsory the Jurisdiction of the court in certain, specified, disputes. This means that the nations accepting this option expect to be summoned into cour. in certain contingencies, and also expect to accept the court rulings in their regard. Fifteen of the nations have signified their acceptance of this option. The so-called great powers, however, have not as yet given it acceptance. In his letter. asking that the United States, through the action of con- gress, should become member of the court, helping to elect the judges and to promote the worlds peace, President Harding ad- vised that the United States refrain from accepting the option.
 It is seen from the above summary that the court has in fact no original power, but only such as the several nations consent tc, recognize as in it's possession, for particular purpose, and exercised in specified circum- stances; and that, therefore, it is not fully court, but rather permanent advisory body, having in certain cases an agreed upon jurisdiction. It does not possess the author ity to enforce its decrees, and therefore its decrees have not the force of law; but, for all that, it gives promise of being very useful institution. Never, before now or in any place, has there been tribunal to which any nation could turn for interpretation of treaties and for definition of what consti- tutes international law. The existence of such a tribunal is in itself an invitation to submit international disputes to its judg- ment. Its neutrality is assured by most careful attention in the selection of the judges, and in the administration -regula- tions. Even as men have found it at first of business to institute courts to settle dis putes among them so the nations are find ing that the same sort of instrument will serve them in the conduct of their relations with one another. At fis4c the court is tentative affair. As its value becomes demonstrated, its power will be enlarged. There will be day, and one not long dis tant, when the nations will as readily appeal to the court for the settlement of honest differences of opinion as individuals habit ually do at the present tins.
 From the very nature of our republic, the United States ought to have part in SC great and beneficent an undertaking,