The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1924-10-04
LEAGUE PROTOCOL UNDER FIRE.

that! Only Mr.. DAVIS could tell.
LEAGUE PROTOCOL UNDER FIRE.
Even the matter-of7fact cable dis
patches, regarding the recent League of
Nations discussions in connection with
the protocol containing the japanese
provision for reference to the league
court of domestic legislation objection
able to some foreign power, show that
sentiment and not logic was at times
largely in control. The Japanese pso-
posal, as finally adopted, is summarized
as follows:
If, in the course of arbitration, one of
the parties contends that the dispute, or
part thereof, arises out of a matter
which, by international law, is solely
within the domestic jurisdiction of the
party, the arbitrators shall on this point
take the advice of the permanent court
of international justice, through the
medium of the council. The opinion of
the court shall be binding upon the arbi-
traitors, who, if the opinion is affirma-
tive, shall confine themselves to SO de-
claring in their award, If the question
is held by the court or council to be
matter solely within the domestic juris-
diction of the state, this decision shall
not prevent consideration of the situa- 3.
ton by the council or assembly under
Article XI of the covenant.
In the event that any party to such
dispute is not a member of the league
and, in the event of ultimate disagree
ment, shall proceed to war, "the sigma.
tory states agree jointly and severally to
undertake to come to the assistance of
the state attacked or threatened and to
give each other mutual support by means
of the facilities of reciprocal exchanges
as regards provision of raw materials
and supplies of every kind, offering of
credits, transport and transit, and for
this purpose to take all measures with
in their power to preserve the safety of
communication by land and sea of the
attacked or threatened state" It is also
provided that the, offender state, whether
league member or not, shall be visited
with sanctions or penalties for proceed
ing to war. And all this, it will be noted,
could happen if the United States for
example, should refuse to submit to an
adverse judgment with respect to its i'm
migration laws. The league delegates
have evidently been hypnotized by the
Japanese eloquence.
There is no reasol. for uneasiness, how
ever, for the protocol must be ratified by
lvo-thirds, or approximately twenty-eight,
of the national parliaments, before it be-
comes formally part of the league pro-
gram. Already the British dominions of
New Zealand, Australia, South Africa and
Canada have shown plain Indications of
Their immigration question
is the same as our own. They likewise
are opposed to the intermingling of the
yellow races with their own nationals.
Praise of the American exclusion act was
found freely expressed in the newspapers
Of all these countries. The same sources
are condemnatory of the Japanese Sec
lion of the protocol. 1t is not believed
that any one of the parliaments men
toned will ratify the protocol una
mended.
1t is reported that similar dissatisfac-
lion is developing in Great Britain, which
at first was represented as favoring the
Japanese provision. Undoubtedly, the
British parliament will conclude that it
can better offend the Japanese than its
own colonials, to say nothing of the prob
able disapproval of the protocol by the
United States. The provision, instead of
making for peace, as the French and
British delegates have contended, is far
more apt to have the opposite result.
Nations cannot be compelled to be peace
able; they must be convinced that peace
is the best course.
There should be no chorus of I-told-
however, for the league has as
yet made no irretrievable mistake. On
tie contrary, it has shown commend
able disposition to amount to something.
1t has demonstrated that it is in earnest
about its mission in the worlds Its main
trouble has been that it has sought to
go too fast, and has adopted a provision
of far-reaching Importance without suf-
ficient reflection. 1t was forced into the
agreement by the very impulse of Japa-
nese earnestness. There was even the
hint or threat of withdrawal behind the
Japanese arguments. That alone should
have been sufficient warning to expert
enced diplomats. If policy has suffi-
cient merit, twill eventually be accepted
without coercion. If it has. no such
merit, no amount of coercion will cause
it to be accepted in practice. Undoubt-