Evening star. [volume] (Washington, D.C.) 1854-1972, 1924-02-24
BY GEORGE w. wICKERsHAM,
attorney General OF the United states
81 Under PreaIdentATaft.

thc IeuutllO du apSuTuuul VI
senatorial activities. The Constitu-
ton will be searched in vain for a
grant of power to the Senate to sum-
mon before it private citizens who
are advocating the adoption of pub
lie policies to browbeat and harass
them with inquiries into their pri-
rate affairs and the size of their
bank accounts, in order to discredit
an effort to put clearly before the
American people the great question
OF what America can do to preserve
the peace of the world.
There are important questions
Aplenty before the United States Senate
10 occupy all the time of It's members
Without their adventuring afield on
enterprises like the Box peace prize
inquiry. But the fact is that the
ittleg roup of wilful men" who con-
troll the Senate committee on Foreign
Affairs have developed condition
~ mind that makes them see red
whenever any one has the cffrontery
10 speak well Of the league of ma
lions or the World Court. There is
nothing which SO provokes arbitrary
action and eXacerbated feelings as a
CONSCIOUSNESS, or even a subconscious-
fess. OF defending an indefensible
position. and this fact may explain
conduct of the senators. Their op
position to the league makes them
unwilling to admit any good con-
nected with it. They apparently feel
WINGED that any phase Of league ac-
tivity can be productive of good re-
suits. the defenses of the bitter
cnders" will be down and the tide of
adverse opinion will engulf them.
This is the only Ineligible explana-
tion of the fierce opposition to the
fulfllment in the Permanent Court
OF International Justice Of American
plans and advocacy.
See Good Results.
The great merit of the winning
peace plan lies in the fact that 1t
adopted the obvious instead of seek
ing some obscure remedy and dealt
with no fictions. but with actualities.
The first of these. is the Permanent
Court of International Justice. The
''bitter-enders" talk of this great tri-
hunal as a league court" Yet Mr.
Root, addressing the American So
ciety of International Law in April
last. declared:
The Court is absolutely independ-
ent and is subject to no control by
the league of nations or by any other
political authority"
Secretary Hughes. writing to Presi-
dent Harding in February, 1923, said
of it:
1T is an establishment separate
from the league. having a distinct
legal status resting upon the protocol
and statute. 1t is organized and acts
IN accordance with judicial standards
and its decisions are not controlled
or subject to review by the league of
nations"
President Harding told the Senate
m Eah o..
ut is not a new problem in inter-
national relationship. 1t is wholly
question OF accepting an established
institution of high character and max.
ing effective all the fine things which
have been said BY US in favor OF such
an agency of advanced civilization"
And finally President Coolidge has
urged the Senate to authorize ad-
ment on the terms recommended by
his predecessor a year ago.
Advocated for Is Years.
There is no novelty in this. The
novelty is that republican senator's
should oppose what has been repub-
lican advocacy for twenty-five years
past. The United States always has
been an advocate of the peaceful set
Element Of international disputes by
Cancellation or by arbitration. But
the defect in arbitration is that the
arbitrators. chosen for one particu-
lar controversy. always decide by
compromise. Courts, on the other
hand, decide questions by applying
principles OF law.
The first Hague conference. in 1899,
provided for a panel Of arbitrators,
named by the respective nations, from
int, ;cr1, Go II,
board, misnamed a court, to decide
particular controversies. During the
ensuing eight years only four cases
were submitted to arbitration under
second peace conference was held the
necessity for the establishment OF a
permanent court OF international JUS
tlce was recognized. The American
press for the establishment Of such
= court. They formulated it's struc-
ture and pressed for it's adoption.
Mr.: Choste eloQuently urged the
10y Secretary OF State Root and Presi-
dent Roosevelt Other nations Joined
with them. but the plan failed simply
because no method of choosing judges
OF the proposed court could be reach
ed which was acceptable alike to the
great and the small nations No
method was found until twelve years
later. The organization of the league
of nations furnished the machinery
which solved this difficulty Pursu-
amt to the requirements OF the cove
llant. committee Of the foremost
lurists of the world. including ex-
Senator Root, was appointed to draft
provisions for an international court.
Protocol Is Formulated.
The commission formulated pro-
tocol and statute for the organiza-
eion of the court, which, after ap-
proVal, with some notifications, by
the council and assembly of the
league OF nations, was submitted for
acceptance to the various powers who
were members Of the league and to
the states mentioned in the annex to
the covenant. This list includes all
the original members Of the league
who were signatories to the treaty Of
Versailles Uncluding the United
States of America) and thirteen other
nations, who were invited to accede
to the covenant The protocol there
fore, was opened to all the nations of
the earth of any consequence, except
Germany, Russia and Mexico. Each
OF these-and any other nations
which at any time shall become a
member, Of the league of nations--is
qualified to accept the. court and the
covenant provides that any self-gov-
erning state, dominion. or colony, may
become a member with the consent Of
1wo-thirdS OF the assembly, provided
that 1t shall give effective guarantees
Of its sincere intention to observe it's
International obligations and shall
accept such regulations as may be
prescribed by the league in regard to
its military and naval forces and
sential In dealing with former enemy,
or revolutionary, states, and, in part.