Evening star., 1925-12-08


vent injury rather than merely afford
a remedy after the injury has been
done. AS principle that only i'm
plies that the court shall function
when proper application Is made to It,
Deciding the question involved upon
issues submitted for an advisory opin-
ion does not differ materially from
deciding the question involved upon
issues submitted by contending par
ties. Up to the present time the court
has given an advisory opinion when
1t judged it had jurisdiction. and re-
fused to give one when it judged 1t
did not have Jurisdiction. Nothing in
the work of the court has yet been an
indication that this is an impairment
of its independence or that its prac-
tice differs 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 authority to
be a political rather than a judicial
court. We have brought cases in this
country before our courts which, when
they have been adjudged to be politi-
cal, have been thereby dismissed. 1t
Is not improbable that political ques.
tions 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 a tendency to
strengthen 1t in that refusal.
We are not proposing to subject
ourselves to any compulsory jurisdic-
ton. 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 a case which
we had agreed might be presented.
There is no more danger that others
might bring cases before the court in
volving our interests which we did not
wish to have brought, after we have
adhered. and probably not so much,
than there would be of bringing such
cases If we do not adhere. / think
that we would have the same legal or
moral right to disregard such a find.
ing In the one case that we would in
the other.
Other Nations Considered.
If we are going 10 support any
court. it will not be one that we have
set up alone or which reflects only
our ideals. Other nations have their
customs and their institutions. their
thoughts and their methods Of life.
II court is going to be interna-
tlonal. its composition will have to
yield to what is good in all these
various elements. Neither will 1t be
possible to support a court which is
exactly perfect. or under which we
assume absolutely no obligations. II
we are seeking that opportunity, we
might as well declare that we are op-
posed to supporting any court. II
any agreement is made, 1t will be be-
cause 1t undertakes to set up a
tribunal which can do some Of the
things that other nations wish to have
done. We shall not find ourselves
bearing "A disproportionate share of
the worlds burdens by our adher-
ence, and we may as we'll remember
that there is absolutely no escape for
our country from bearing it's share
of the worlds burdens in any case
We shall do far better service to our
selves and to others If we admit this
and discharge our duties voluntarily,
than If we deny 1t and are forced to
meet the same obligations unwill.
tngly.
1t Is difficult to imagine anything
that would be more helpful to the
world than stability, tranquility and
international justice. We may say
that we are contributing to these fac
tors independently. but others less for
tunately located do not and cannot
make a like contribution except
through mutual cooperation. The ola
balance of power. mutual alliances and
great military forces were not brought
about by any mutual dislike for inde-
pendence, but resulted from the domi-
nation of circumstances. Ultimately
they were forced on us. Like all
others engaged in the war, whatever
we said, as matter Of fact we Joined
an alliance, we became a military
power. we impaired our independence.
We have more at stake than any one
else In avoiding a repetition Of that
calamity. Wars do not spring into
existence. They arise from small in.
cidents and trifling irritations which
can be adjusted by an international
court. We can contribute greatly to
the advancement of our ideals by join
ing with other nations in maintaining
such a tribunal