Evening star., 1923-04-28

views on the World Court in care
fully, prepared address before the
American International Society OF
Law at the New Willard last night.
The text OF his address follows:
1t is my purpose to discuss in the
simplest manner the proposal made by
the President that the United States
should participate. upon stated condl-
tions. in the support of the Permanent
Court of International Justice. In MAX
ing this proposal, the President has
been animated by the desire to pro-
mote world peace and stablllzation' he
has sought to give effect to long
cherished American aspiration and TO
pursue i'll the projected course the
clear line of our traditional pollcy.
With full appreciation of the intensity
of feeling aroused by the controversy
of recent years we cannot fail to real
ize the Importance of having the sub
tect considered upon its merits and
the supreme need is an understanding
of the facts which should remove un-
certainty and quiet apprehension.
Propounds Vital Questions.
Let it first be noted exactly what
the proposal is and what it Is not. AS
tho President has explicitly stated, II
IS proposed 70 support the fermahenl
Court Of. international Justice; 1t IS not
nroposed to enter the league OF nations.
Those who desire that by this method
the United States shall become Il mem
her of the league are indulgln@ VAIN
homes and those who are alarmed AT
such d possibility are entertaining VAIN
fears The test is a clear one. IL tne
Senate should approve the PRESIDENTS
recommendation the United states
would still he outside the league. Ac-
ceptance of the Presidents proposal
as to the international Court Will not
obtain for the United States a single
right or subject il To a single ohllga-
ton under the covenant OF the league.
These are the questions in which ]
assume the cit!zens of the United
States are Interested:
Is it a good thing to have an inter
Why should we have permanent
court instead of temporary arbitral
tribunals?
Is the Permanent Court of Interna-
ttional, Justice established on sound
basis?
Is there any good reason why the
United States should not support it?
First. Why should there toe an in
swer is that there are controversies
between nations which should be Go
cided by a court. There are contro-
versieS calling for the examination of
facts and the application of principles
of law.
There are international contracts
or treaties. now more numerous than
ever. To he interpreted. Recognizing
the distinction between questions of
a legal nature and questions of policy,
i Il
SionS of juriStS an agreement defining
juSticiable disputes as those which
relate TO the Interpretation OF
treaty. to any question of Internal
tional law. TO the existence of facts
which would constitute Il breach of
an international obligation, or to the
reparation to be made for such
breaches. Other questions may be
submitted for decision. but questions
of the sort above described are mani
festly of the same character as those
which in all civilized countries are
recognized as matters for detcrmina-
tion by judicial tribunals whose i'm
partial Judgment affords the nearest
human approach to absolute justice.
Peace of Direct Interest to L. $.
1t is to the direct interest of the
United States, with respect to the dis
position of its own controversies, that
the best practicable method of ju
dicial settlement should be provided.
We have rights and duties under in
law. We are parties to
treaties under which we have rights
and obligations. AS we cannot be the
final judge in our own cases. we need
the hest possible international tri
bunal to decide them. This is to the
interest of every American citizen.
States that controversies between
other nations to which the United
States is not a party should he ap-
determined. Suppose
citizen of New York should say that
ne was Interested only in having a
judicial tribunal to determine con-
troversies between States to which
New York was d party but that it
made no difference to him what hap
pened if the question was between
Missouri and Kansas. Every citizen
knows that it is in the interest of
tain a tribunal by which controvcr-
sizes arising between any two states
can be determined. 1t is equally
essential to world peace that contro-
versies not our own Should be peace
fully and impartially determined
wherever that is possible. As Presi-
dent Mckinley said. 1T has been rec
ogniZed as the leading feature of our
foreign policy throughout our entire
national history" that there should
be the adjustment of difficulties by
judicial methods rather than by force
of arms
How are controversies between
nations to be determined? If the
nations are able to agree, the queS-
ton does not arise. But what shall
be done il they can not agree? Is
their controversy to remain fester-
ing sore? Ultimately, the alternative
to peaceful settlement is the arbitra-
ment of force. The only way to pre-
vent war Is to dispose of the causes
of war and the desire for peace must
he supported by the institutions of
peace.
Judicial Process Supported.
Because a court may not be able
to deal with every sort of controversy
but only with controversies that are
for court to decide is
no reason for dispensing with it.
There Is no immediate access to the
and demand for the mil
lennium will not prevent war If
the plain path of progress in dealing
with those controversies which ali
of settlement through judicial trib-
unals is not to be followed, then no
progress is possible.
Second. Why should there be a per-
manent court instead of temporary
arbitral tribunals?
The principle of judicial settlement
Of international disputes has been ap-
piled from early times through ar
bitrators. 1t Is a method of great
value and l have no desire to under
estimate it. We have been parties
to more than seventy arbitrations
and we have concluded a score of
general arbitration conventions.
it's history the United
States has consistently supported this
sort of judicial process. but we have
long recognized that it leaves much
to be desired.
Arbitrators are selected to deter
mine a particular controversy, and
after the controversy has arisen
When the decision has been made the