The Bolivar County Democrat. (Rosedale, Miss.) 1887-1969, 1923-12-29

!. SPLIT IS AIRED
,ancE WANTS TO GO BACK TO
rue OLD HAGUE TRIBUNAL.
scHEME HAS FAILED ONCE
u.,hod of Selecting Judges, Which
! Caused Dissolution, Is Provided
tor in the League Court, Hughes
and Root Contend.

washinpton.-The United States
q, many wears has been in favor of
the establishment of an international
.onrt for the adjudication' of disputes
hatween nations by the application
International law.
"a world court, known as the perma-
ueut court of international justice, has
heen established under. the terms of
H. League OF Nations covenant. The
duestion,in this country is whether it
hthe.sort of.court the United States
Il las advocated and, if not, whether it
Il a tribunal worthy of our support
With reservations.
Secretary of State Hughes main
uins that it is essentially the world
court which Secretary of State Root
Instructed the American delegation to
the second Hague conference in 1907
Ii advocate and that we need not fol
low its relations to the league if we
ADOPT reservations proclaiming that
our participation in the tribunal i'm
niles no "entanglement" in the league.
Senator Lodge (Republican) Massa-
. chusetts, majority leader of the Sen
ate and chairman of the foreign rela-
tons committee, is equally positive
that the court falls short of the tri-
bunal the United States has favored.
He would not have us join this court
uhess it should be completely "di-
yoreed" from the league. and ne
thinks it would be much better to
"go back to the old project and found
new and all inclusive world court
on the second Hague conference
plan"
The first Hague conference created
the permanent court of arbitration
which was improved by the second
conference and is still 'funetionins-'
Secretary Root, however, desired a
further step to be taken, instructing
the American delegates to the 1907
conference.
1T should be your effort to bring
about in the second conference a de-
velopment of the Hague tribunal into
a permanent tribunal composed of
Judges who are judicial officers and
nothing else, who are paid adequate
salaries, who have no other Occupa-
ton, and who will devote their en-
tire time to the trial and decision of
interna ational courses by judicial meth
DDS and under a sense of judicial re-
sponsibility. These judges should be
so selected from the different coun-
tries that the different systems OF
law and procedure and the principal
languages shall be fairly represent
ed. The court should be of such dig
nifty, consideration and rank that the
Dest and ablest jurists will accept ap-
p0intment to it. and that the whole
world will have absolute confidence in
Its Judgments"
The conference planned a court but
tne project failed because the nations
could not agree on a method of Sc
iectlng the judges. The big nations
objected to election by majority be-
cause they were outnumbered by the
nttle countries. The latter were un-
Willing to accord the big countries
votes proportionate to their import
ance.
The League of Nations covenant
provided for the creation of a world
court, and the council of the league
assembled a commission of jurists at
the Hague who devised the scheme
vi organization of the tribunal. It
was provided that the candidates for
the judges should be nominated by
'ne national groups in the Hague per-
niahent court of arbitration, though
members of the league, which. are not
members of the Hague tribunal might
nominate candidates directly.
from the list of candidates so nom
mated tho judges are chosen by the
council and assembly of the league
sotlhg separately. A candidate receiv-
ihs majority in both the councfl
shd the assembly, is elected.
The constitution of the court was
ehoodled by the jurists in statute
"nich was amended in important par
Aouiars by the league council and then
auopted by - members of the league.
me jurisdiction of the court extends
F" oil cases which nations agree to
submit to it, Acceptance of compul-
'ory jurisdiction of legal disputes was
.Aaoe optional with the nations sign
%e the protocol. The big nations
,a'ieu at compulsory jurisdiction, only
q small nations accepting 1t.