Evening star. [volume] (Washington, D.C.) 1854-1972, 1924-02-24
WORLD COURT HELD IDEAI,
: OF MANY e.. o. LEADERS
From Mckinley to Coolidge Many
Have Championed Principle, Accord
= ing to Former Attorney General.

lions, not more than two or whom snail
be Of the same nationality, and from
all such nominations. the members of
the council, in which the great pow
ers preponderate. and Of the assem-
bly, of the league Of nations. In which
the small powers preponderate, shall
select judges by ballot. The nomi-
nees. who shall ,receive the highest
number Of votes" being a majority in
is removable sonly in case all Of the
other judges shall certify in writing
that he has ceased to fulfill the quail
ifications required by the statute.
The league has no control over the
acts of the court. which, in the de-
cision of cases submitted to 1t. is re-
quired to apply the provisions of in
ternational treaties or conventions.
international custom, as evidence OF
general practice accepted as law,
recognized by civilized nations.
The court is competent to deter
mine any questions submitted to it
by any of the powers adherinE to
the protocol, and all matters specially
provided for in treaties and conven-
lions in force. 1t also may answer
questions: that is. give advisory de-
cisionS upon any question submitted
to 1t by the council of the league
of nations. This IL not compulsory
upon the court. and recently 1t re-
fused to answer a question submitted
by the council. involving the inter-
probation of treaty between Fin
land and Russia. because the latter
country, not being member of the
league. or a signatory of the protocol
creating the court, refused to recog-
|nize its jurisdiction.
Reservations Proposed.
The reservations proposed by Sec
rotary Hughes and approved by
President Harding. in February last.
provide for the adherence to this
court by the United States, upon the
express understanding. Cd that by
such adhesion the United States does
not become a member of the league
Of nations; (2) that the United States
may send a representative to vote
precisely as though it were a men,
Der of the league upon the selection
Of judges; ca that the United States
shall pay it's proper share of the ex-
penses of the court. and 60 that the
protocol and statute shall not be
altered without it's consent. Thus. all
legitimate objection to the United
States accepting and Strengthening
the fruit of it's own advocacy and
handiwork Is removed.
The court is not substitute for
the league. The latter is a means
of counsel, mutual understanding, the
avoidance of controversy. The court
acts only upon controversies which
have arisen between parties. except
in SO far as 1t may pass upon ques-
lions submitted to II without contro-
versy, such as is done by several of
the highest courts Of the American
states. and as 1t provided for In the
organization OF the permanent court
of international justice.
The latter procedure may become
of great value. In applying it. the
court has refused to answers ques-
lions ex parte and in every instance
has provided for full argument by all
parties having any interest in the
question and decision after such de-
bate. In other words. it has turned
the practice. I'm effect, into what Is
known in modern judicial proceedings
as a proceeding for a declaratory
Judgment.
or Value to the World.
In these respects, the court is Of
value to the world. It is in line with
American principles. American ideals
and American advocacy. The failure
of the United States to adhere to this
court, upon the various pretexts ad
vanced from time to lime by repre-
senatives of senatorial opposition is
condemned more scathingly by the
language Of President Harding him
self than by any that may be formu-
lated by others. In his address at the
luncheon Of the Associated Press In
New York on April "a, 1923, Mr.. Hard
Ing said:
"The perfected court must be a
matter of development. I earnestly
commend 1t because 1t Is a great step
in the right direction toward the
questions, toward the elimination Of
frictions which lead to war, and q
surer agency Of international justice
through the application Of law than
can be hoped for in arbitration, which
is Influenced by the prejudices Of men
and the expediency Of politics. "
1t is not to be classed as a party
advocating a world court is to be
rended by the suggestion Of an effort
to perform in accordance with its
pledges, 1t needs a new appraisal of
its assets
And he might have added: "It needs
new leadership to Justify its ideals"
No intelligent plan for securing
of such an institution. To reject 1t
upon any grounds which have been
advanced by It's opponents is
to be false to the highest ideals adj
vanced by the great leaders of the
republican party-McKinley, Choate,
Hughes, Hoover and Coolidge.
Editors Note.-The above article appears
in the la test issue Of Our World Magazine and
Is reprinted by permission.