The Birmingham age-herald., 1923-06-22


 tai problems which concern the lives and welfare of the people. We must resist these tendencies. We must l hold fast to these great guarantees of human liberty. Without them free institutions will disappear"
 McAdoo's advice to the graduating class was to stay away from the phrase 100 per cent American" for the reason that patriotism cannot be measured by mathematics. Rather, he said, patriotism is matter of l quality, of sacrifice and Cf soul. 1 tutional requirement of Senate rat | ificaton and I believe that the tide l or public sentiment will be reflected in the Senate. I am so eager for 1 the ultimate accomplishment, that l | am interested in harmoniZing op- posing elements. more anxious to eff | feet our helpful commitment to the court, than I am to score victory | for executive insistence. Let us. therefore, appraise some of the de- termining factors which must be considered in hopefully mapping our course.
 Nearly three years ago, by an overwhelming majority, the people rejected the proposal of the admin porate the United States in the League of Nations. To assert that those 16OoO,0O0 voters did not know what they were doing Is to insult their intelligence. and to deny the facts. Whatever other considera- judgment were purely incidental. The paramount issue, boldly, defiant ly advanced in unmistakable terms by the democratic party and es- poused by the democratic candidate for President was indorsement of .l Nf ( T ,-ot to President. I dislike the use of party l names in dealing with problem which has now passed far beyond party association, but l want the world court proposal utterly disas- sociated with any intention of en- trance into the league, and recite the history to paint the background Moreover. l am so earnest in my de- sire to have the United States give support to the court that l would gladly wipe out factional difference to effect the great accompli shment StiI Against League.
 If the country had desired to join the league in 1929. 1t had its oppor- tunity. It most emphatically re- fused It would refuse again, no less decisvely today.
 There has been on change in con dition. It is the same league. Not q ltne Tn the reJectcu covenant uaS been altered, not phrase modified, not a word omitted or added. Article x still stands as the heart of the compact. Article XI, and all other stipulations objected to and con- demned by the American people re- main untouched. in full force in theory, however circumspectly they are being ignored in practice.
 In the face of the overwhelming verdict of 1920, therefore, the issue of the League of Nations is as dead as slavery. Is it not the part of wisdom and common sense to let 1t rest in the deep grave to which it has been consigned, and turn our thoughts to living things?
 Sees Good In League.
 But let there be no misunder- standing. I did not say three years ago. and I do not say now that there Is no element in the league organi- zation which might be utilized ad-. | vantageously in striving to establish helpful, practical cooperation among the nations of the earth. On the con- trary, I recognized generally then, and perceive more precisely now, rudiments of good in both the league and the Hague tribunal, Hay ing marked the fundamental differ ence between a court of international justice. which 1 espoused, and the council set up by the league cove nant. which I disapproved of as the laws and government of men said plainly on August 2S, 1920:
 "I would take and combine all that is good and excise all that is bad from both organizations
 That is exactly what l am now ciple of world court found its genesis in the Hague tribunal. The concrete application of that principle has been made by the league. Sound theory and admirable practice have been joined successfully. The court but has clearly demonstrated It's utility and efficiency.
 True Judicial TriS"nsl. Tt is d true judicial tribunal Its composition is of the highest order None better, none freer from selfish partisan, nationA, or racial preju- dices of influence could be obtained. That, to the best of my information and belief, Is fact universally ad- mitted and acclaimed. l care not whence the court came. 1 insist only that it's integrity, it's independence its complete and continuing freedom be safeguarded absolutely.
 ''The sole question is whether the requirements which I have enum- eratea as essential to adherence by the United States can be met. My answer is that where there Is unanimous will way can always be found. l am not welded irrevo- cably to any particular method. would not assume for a moment that the feadjustment of the existing ar rargements, which are to my mind feasible is the best, much less the only one. But such as it is. l submit 1t, without excess of detail, as ba- sis for consideration, discussion ana judgment
 Granting the noteworthy excel ience, of which I, for one, am fully convinced, of the court as now con' stituted, why not proceed in the be- lief that it may be made self-per- petuating? This could be done In one of two ways: CD By empowering the court itself to fill any vacancy or. retirement for whatever cause, without interpretation from any other body. CD By continuing the existing authority of the permanent court or arbitration to nominate and by transferring the power to elect from the council and assembly of the league to remaining members or the court of justice.
 o O O
 Transfer Authority.
 The fixing of compensation of the judges, the supervision of expendl- lures, the apportionment of contribu- tions, etc.. could also be transferred from the leag'ne to either the court of arbitration or commission desig- mated by the member nations. Thus