Evening star., 1923-04-27
WORLD COURT AID
URGEDolLAWYERS
Society Of international Law
/ Given Formal Proposal to
e.. Use influence.
U. S. DUTY, SAYS FENWICK
Bryn Mawr Professor Submits
Plan-Backed BY Eihu
Root Speech.
U. S. DUTY, SAYS FENWICK

exert It's influence toward having the
United States become member OF
the Permanent Court Of: international
Justice was submitted 20 that body
amid enthusiastic applause today by
Prof. Charles G. Fenwdck OF Bryn
Mawr College. when 1T convened III
annual session here.
Open discussion OF ths worlds I'M
mediate need for actual al:international
legislation and the question of Ameri-
can Jurisdiction over the whisky heet
that does an uninterrupted business
outside of tho three-n.le limit OF
New York harbor occupied the at
iention of the society ct it's session
in the New Willard Hotsl this morn
ing.
Leads the Fight.
Prof. Fenwick led the fight for
American participation gin interna-
iona, affairs as an active member of
the Court of Internationae Justice in
dorsed by President Harding. he scot-
fed at those who declare such q trl-
bunal would become a super-govern-
menL TO With lhC
would become subordinate:
"a super-government alreaoY eA
lists" the speaker declarea. Law IL
self is a upergoVernmeet; ana we
HOW have an existing iorH oi ~ -
national law. The world is looking 10
The United states to formulate pro-
gram that will lead it out 81 It's trou-
bles. We must not fall
Public Opinion Sanction.
"The sanction OF any laI' is public
opinion" Prof. Fenwick continued
AS vet that factor remains an un-
ORGANIZED force, but believe the time
IS coming when 1t will determine the
destines Of the world. Cnfortunateiy'
public opinion works too late now
After Napoleon had devastated Eu-
rope public opinion was accused 70
the menace-but too late. st Is one
of our duties to awaken thGt power
full but dormant force.
The urinary cause of every war
has been international econo:nic re!a-
1ions." Prof. Fenwick concluSed. Not
A law existed to control any OF the
situations that brought on tie catas-
trophe of 1914. Until we 20 6omasa masn
,ic criminals, l believe there: will be
no end of war.
Name Not LmpOrtant.=
The question of whether slch an
International body should be :named
the league Of nations, the permanent
court Of international justice o~ any
thing else matters not, the sseaker
declared. Prof. Fenwick was sup
Dorted by subsequent speakers, IN
Guiding Prof Manley o. Hudson OF
Harvard University, Prof. PitnTan b.
and prof Edwin N. Borchard of Yale
On the question Of American .uris-
diction over the rum feet on Ne"
York harbor the society Is diSided.
prof. Philip NJ. Brown Of Princeton
I-niversity declared it to be his Eelief
that the United States would be JUS
titled in selling ships that were. an
chored near it's waters for the put,
pose of violating Its laws He salo
Great Britain would be In the em-
barrassing position of having enceur-
aged criminals if 1T protested.
Admiral Benson Of the Cnsted
states Shipping Board, Fred X. Neil
son. former solicitor for the Depart,
nent of State; Hollis Bailey, ncted
international lawyer of Boston. ana
others. however, declared 1t would be
suicidal for any nation TO attempt 70
abolish the law limiting a natioaal
maritime sovereignty to the three
mile zone.
Urges L. 9. Take Part in World Court.
Supporting President Harding In BIS
contention that the United states
should participate in the Permanent
court Of International Justice, Eltau
Root last night told the society that
rhe question presented by the Presi-
dents message to the Senate was
really only a question or moral SUP
port. =,
the support OF the court to be ds-
termined by our own Congress would
be negligible" asserted Mr.. Roos.
we undertake to do nothing and to
give nobody authority or power 70
do anything to US. The question =
moral approval to the establishment
Of the same kind OF court which our
government has been urging for >
generation
Mr. Root described at length ths
genesis and nature Of the world court
his reasons for believing it superiot
10 the old Hague tribunal, the clear,
distinction which he said should be
made between 1t and the league or
nations. the development of interna ::
tional law. despite the world war. and;
what he held to be the fallacy in,
reasons advanced why this country
should not support the court.
Discusses "Outlawry OF War"
Then. in closing his address. he said:
II wish TO express my warm agree
ment with what Senator Borah has
recently said about outlawry OF war.
TO that end I sincerely hope that the
approval of the United States may be
given to this international court,
which represents the highest point
Yet reached by agreement Of the ma
tions in affording the same substitute
for war by judicial decision Of inter-
national cases that has been so ef-
fective in doing away with private
war among individuals.
II hope also that, following upon
that approval, the influence of the
United States will be employed to
bring about a new conference of all
the making of International law. to
formulate and agree upon the amend
ments. and additions. which should
now be made, to reconcile divergent
views and to extend the law to sub
jects not now adequately regulated
but as to which the interests Of in
ternational justice require that rules
of law shall be declared and accepted
Moral Force Only Remedy.
War cannot be outlawed by proc
lanation, or by resolution, or by mere
agreement, or by mere force. War
can be outlawed only by arraying the
moral force of the civilized world in
support of definite rules Of conduct
which exclude war. and by giving to
that moral force institutions through
which that force may be applied to
specific cases Of attempted violation.
One of those necessary institutions is
;: court by whose Judgment the great
Justice may know what Is just
The question presented by the
Presidents message is really only q
question of moral support. We under
take to do nothing and to give no.
body authority or power to do any
thing to US. The question is merely
whether we shall give our moral ap-
proval to the establishment of the