Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-12-09

urged the calling of and are now
represented at the Chinese Customs
Conference and on the Commission
on Extraterritoriality. where 1t Will
be our policy so far as possible to
meet the aspirations of China in all
WAYS consistent with the interests
Of the countries involved
Court of International Justice
Pending before the Senate for
nearly three years is the proposal
10 adhere to the protocol establish
ing the Permanent Court of Inter
national Justice. A well-established
line of precedents mark Americas
effort to effect the establishments or
a court of this nature. We took
leading part in laying the founda-
ton on which 1t res's in the cstab-
lishment of The Hague Court OF Ar
bitration. 1t Is that tribunal which
dominates the judges who are elect
ed by the Council and Assembly OF
the League of Nations.
The proposal submitted to the
Senate was made dependent upon
four conditions, the FIRST of which
is that by supporting the court we
do not assume any obligations under
the league: second, that we may
participate upon an equality with
other States in the election OF
Judges: third, that the Congress
shall determine what part of the ex-
penses we shall bear: fourth, that
the statute creating the court shall
not be amended without our con-
sent: and to these have proposed
an additional condition to the effect
that we are not to be bound by ad-
, yisory opinions rendered without
our consent.
The court appears to be independ-
ent of the league. 1t is true the
Judges are elected by the Assembly
and Council. but they are nominated
by the Court of Arbitration. which
| we assisted to create and of which
we are part. The court was ere
ated by a statute, so called, which
| is really a treaty made among some
| forty-eight different countries. that
might properly be called a constitu-
| ton of the court. This statute pro-
vides a method by which the Judges
are chosen. so that when the Court
of Arbitration dominates them and
| the Assembly and Council of the
League elect them. they are not act
| ing as instruments of the Court OF
Arbitration or Instruments of the
| league, but as instruments of the
| statute.
This will be even more apparent
| IL our representatives sit with the
members of the council and assem-
bly, in electing the judges. 1t is true
| they are paid through the league
though not by the league. but by
| the countries which are members of
| the league and by our country II
! we accept the protocol. The judges
| are paid by the league only in the
| same sense that 1t could be said
| United States judges are paid by the
| Congress. The court derives all its
| authority from the statute and is so
| completely independent of the league
that it could go on fuuctioning IL the
| league were disbanded. at least until
the terms of the judges expired.
The most careful provisions, are
made in the statute as to the quail
fications OF judges. Those who make
the nominations are recommended
to consult with their highest court
of justice, their law schools and
academies. The judges must be per-
sons of high moral character, quail
fed to hold the highest judicial
offices in that country. or be juris-
consults of recognized competence
| in International law. 1t must be as
| sumed that these requirements will
| continue to be carefully met. and
with America joining the countries
already concerned it is difficult to
| comprehend how human ingenuity
| could better provide for the estab-
| lishment of n court which would
1 ,;,,fa tn, lee ;,,Ia hos
to be, recognized that independence
| is to considerable extent matter
of ability, character, and personality.
Some effort was made in the early
! beginnings to interfere with the in
dependence of our Supreme Court.
1t did not succeed because of the
| quality. of the men who made up
that tribunal.
1t does not seem that the author
/ ity to give advisory opinions inter-
| feres with the independence of the
court. Advisory opinions In and of
themselves are not harmful, but may
be used in such way as to be very
beneficial because they undertake to
prevent injury rather than merely
afford a remedy after the injury has
been done. AS principle that only
implies that the court shall function
when proper application is made to
| 1t. Deciding the question involved
upon issues submitted for an advis-
DRY opinion does not differ materi-
ally from deciding the question in
volved upon issues submitted by
contending parties. Up to the pres
ent time the court has given an ad-
visory opinion when it judged it had
Jurisdiction, and refused to give one
when 1t judged ii did not have juris-
diction. Nothing in the work of the
court has yet been an indication
that this is an impairment OF It's in
dependence or that its practice diff
fers materially from the giving of
like opinions under the authority of
the constitutions of several of our
States.
|. No provision OF the statute seems
to me to give this court any author
ity to be a political rather than q
judicial court. We have brought
cases In this country before our
courts which, when they have been
adjudged to be political, have been
thereby dismissed. 1t is not improb-
able that political questions will be
submitted to this court, but again
up to the present time the court has
refused to pass on political questions
and our support would undoubtedly
have tendency to strengthen 1t in
that refuShl
We are not proposing to subject
ourselves to any compulsory juris-
diction. If we support the court, we
can never be obliged to submit any
case which involves our interests for
its decision. Our appearance before
1t would always be voluntary, for the
purpose of presenting case which
we had agreed might be presented
i There Is no more da nrar Tint Of h Org