Evening star., 1923-04-23
u. S. HAS RECORD
FOR ARB|TRAT|0NS
World Court Links Up With
History involving Scores
of Disputes Settled.
by FREDERIC WILLIAM VILE.

BY FREDERIC WILLIAM VILE.
When President Harding and Sec
retary Hughes this week publicly ad-
Nocate American adhesion to the
world court. they are likely to stress
two vital arSuments-first, that the
United States. since 1886 to 1928. has
consistently submitted International
disputes to arbitration: and. secondly,
that the states of the American Union
! themselves. instead of warning with
one another. have 'arbitrated" in the
Supreme Court of the United States.
On no fewer than eightyfour differ
ent occasions. America has settled
foreign controversies before arbitra-
tion tribunals. In 106 instances the
individual states of the federal Union
have sought and secured amicable ad-
/ judication the hands of the Su-
preme Court.
The April quarterly issue Of the
! Law. issued by the society. which
Secretary Hughes will address in
Washington on Friday evening. calls
timely attention to Americas arblt"al
record. In !; union Of states" writes
! James Brown Scott. controversies
frequently arise which are submitted
10 court of states and decided BY
| that court to the satisfaction of all
parties concerned.
1.-THE various cases which have been
| decided. and those which have been
submitted to the United States Su-
preme Court within the past fVe
years, demonstrate that Permanent
Court of International Justice need
not be an empty or idle court. II only
the parties to it's creation are ami
mated by good will and the desire to
settle the controversies which arise
among them according to the prin-
ciples of justice obtaining in every
nation making pretense to civlliza-
ton
Norway shipping Case.
/ OF the eighty-four international
disputes which the United States
arbitrated the latest, a shipping con-
troveray with Norway. was decided
| against US. We recently paid the
! Norwegtans s12,239.s52 under an
; award by the special tribunal of arbi-
| tration constituted by agreement be-
tween both countries in June. 1921.
BY this action, said Secretary
! Hughes IN a letter to the Norwegian
government, 'the United States gives
tangible proof of it's desire to respect
arbitral awards. 1t again acknowl-
! arbitral settlements even in the face
nf decision proclaiming certain
theories Of law which it cannot ac-
Cept Faithful to its traditional
iOltCN. lnlS government is most QeSl-
rouS TO promote the judicial determi-
nation OF international disputes of Il
justiciable character and In this in
terest to give due support to judicial
dcterm. nation"
The United States long roll of arbi-
tratons shows the following disputes
with the countries named and to the
number Indicated: Brazil, 8; Chile, 4:
China, 3; Colombia, 5; Costa Rica, /;
Denmark, .; Dominican Republic. 3:
Ecuador. .; France, .: Germany. /:
4; Mexico, .: Nicaragua, L, Norway, l;
Paraguay. i; Peru. 5; Portugal. .;
Russia, /; Salvador. 2: Siam. .; Spain.
:: two Sicilics, /; Venezuela. 9. Total,
81
Favored in Fffty-Two Settlements.
The grand total of financial awards
in the abovenamed arbitrations is
s10o.o9J.291. Roundly 30 per cent OF
the sum was in favor of the United
States. and a fraction under 80 per
cent was adjudged against us. Fifty
two settlements were decided in our
favor: fifteen awards went against
US, and seventeen awards were set
Elements favoring all parties. The
controversies embraced any number
the worlds history, have unleashed
the dogs of war. They affected sea
law, boundaries. claims of American
nationals in foreign countries dam
ages due to instructions, fisheries,
violations of neutrality and what not.
On certain occasions American pub
lie feeling ran high. Hotheads
shrfeked for war as the only alter
native. But arbitration Won the day,
and, in the vast majority of cases.
was triumphantly invoked. 1t would
be difficult to point to any instance
where national honor or vital Ameri-
can interests suffered in consequence.
The American states have been "ar-
h if~. ir1c haI r RI limo
OF the bitterest character. since the
foundation of the republic. Secre-
tary Hughes farewell appearance as
a lawyer before the Supreme Court
was as advocate of New York state
in quarrel with New Jersey over
the sewage of the Passaic river
In 1881 Connecticut and Pennsyl-
vania quarreled so violently over
boundary that bloodshed occurred be-
tween them. The squabble was set
tied by joint commission. In 1856
South Carolina and Georgia were en-
bittered over similar boundary
question, and adjudicated IL by COM
mission arbitration Eventually the
wealth decided that the United States
Supreme Court, rather than tribunals
spas asmodically constituted. was the
right and reasonable medium for ar
bitral decision of their differences. To
that tribunal the states since then
l.ave regularly and necessarily gone.
Record Up to 1918.
Up to 1918 th.ty-one states had
appeared as plaintiff or defendant in
the Supreme Court in accordance with
the general consent given by the
Constitution to sue or to be sued. The
United States had appeared as plain
tiff or defendant ten times. In two
cases the United States intervened in
proceedings for protection of it's own
interests.