Evening star., 1923-02-26
WEWSWORLDCOURT
AS GOING CONCERN
Reasons for President Urg-
= ing U. S. to Share Work
!. of Justice Tribunal.
-
NOT LEAGUE Commitment
Recently Delivered Three Decisions
- on Questions Relating to In
- ternational Labor.
NOT LEAGUE Commitment
sBY FREDERICK WILLIAM VILE.

American adhesion to the permanent
Court of international justice, Presi-
aent Harding and Secretary Hughes
seek to take the United States into
going concern. The courts first
Judges were elected in September
1921. 1t held it's first organization
meeting in January, 1922. and in June
of last year it began it's sessions for
The hearing of cases. During the
months of July and August, the court
delivered three advisory opinions
each concerning questions of juris-
diction submitted by the international
Labor Office at Geneva. The princi-
pal decision was that the competence
-of the international Labor organlza-
;ion extends to international regula-
employment.
First Real Dispute.
The first real international dispute
submitted to the court was presented
on October >, 1922. 1t was a con-
troversy between Great Britain and
France over the nationality laws of
Tunis and Morocco-the kind of diff
ferneces that in the past have been
traditional breeders of war. Later
some of the powers that signed the
treaty of Versailles quarrelled re-
.garding the precise status of the
Kiel canal, bisecting Germany be-
tween the Baltic and North seas.
That dispute, too, it is planned to
have threshed out before the perma-
nent court of international justice.
Secretary Hughes in 1922 made two
,haf 10 of RI
the action he now has recommended
President Harding to take. On July
13 in a public statement Mr.. Hughes
said he saw mo prospect for any treaty
or convention by which we should share
in the maintenance of the court until
some provision is made by which, with
out membership in the league, this gov
ernment would be able to have an ap-
propriate voice in the election of the
Judges" Three months later, in his
campaign speech at Boston on October
30, on behalf of Senator Lodge. Mr..
Hughes expressed the belief that suit
able arrangements can be made for the
participation by this government in the
election of judges of the international
court which has been set up, so that
this government may give its formal
support to that court as an independent
tribunal of international Justice
Plan for Participation Sought.
Since that time. the Harding
Hughes correspondence submitted to
the Senate indicates. the administration
has given unremitting attention to ways
ana means for America adhesion to the
court. Mr.. Hughes belief that the plan
and organization of the tribunal were
acceptable. and that American co-opera-
tion is desirable, has been of long
standing. President Harding, having
been convinced that our membership
can be secured without danger of league
contamination" the next step was to
induce the Senate to give correspond
ing consent and advice"
In anti-league quarters the view
finds expression that President Hard
ing has suddenly put forward the
world court project in order to have
Il talking point" during his forth
coming political tour. Senate irrecon-
to use it when taken to task for the
administrators So-called "do moth
ing" foreign policy. This interpre-
tation of the Presidents motives is
disproved by the evidence. above mar
rated, that Secretary Hughes has been
working on the world-court idea for
many months.
Hostile Action Expected.
As irreconcilable hostility is likely
TO be centered on the recommends
tlon that the United States designate
Gil and assembly of the league in
electing Judges. it is interesting to
Rote the origin of the scheme for
having those bodies fulfill that func-
tion. Elihu Root is the father of the
arrangement. At the conference of
international jurists convened by the
league at The Hague in 1921 to or
Eanize the court. Mr. Root brought up
the example set by the trainers of the
American Constitution in dealing
with the principle of equality of
states. He suggested that the coun-
Gil and assembly of the league might
properly collaborate in the election of
Judges, who would thus become the
choice Of both large and small states.
The Root proposal was adopted. 1t
was his chief contribution to the
project.
Although the United States, like
other nations not members of the
league, always has had the right to
seek the courts jurisdiction. it has
not helped to finance the tribunal.
We have not paid any of the
salary of the American judge, John
BasSett Moore, who was chosen by
the league. 1t Is estimated that the
entire cost of the court in 1923 will
not exceed 100000.
- Anticipated by Prominent Lawyer.
One Of the foremost authorities on
the permanent court Of international
= i
liant young professor Of international
law at Harvard Law School, Hudson,
who was attached to the international
law division of the American peace
mission at Paris, anticipated in a
December magazine article almost in
detail the conditions under which
Secretary Hughes now proposes
American adhesion to the court. Writ
ing In Foreign Affairs" Prof Hudson
said:
slty for having a voice in the elec-
ton of the judges need not preclude
immediate action by the United States
1f we desire to share in maintaining
the permanent court of international
justice.
THE conditions set by Secretary
Hughes Cat Boston on October 3O)
would seem to be fully met if an
American representative should sign
the court protocol. with a clear in
not as a member of the league, but
RS a state mentioned in the annex
TO the covenant; and If the President
should ratify the protocol, with the
advice and consent of the Senate, with
states shall enjoy all the privileges
enjoyed by any other signatory state
and shall .be admitted to participate
in tho voting in the assembly and the
council when those bodies act, not
but as the electoral bodies named in
article Of the statute Of the court
and (2) that the United States does
not by this act become In any way
q party to, or bound by, article IA or
any other article of the covenant of
the league Of nations.
= Avoids Commitment to League.
'A"Such a ratification would give the
United States a full voice In the elec-
ton of judges. 1t would avoid any
commitment to the league, and 1t
would greatly enhance the prestige
and moral power of the court for the