Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-12-03
Borah Talks Bunk
(Boston Heraldl

In his letter to the President of
Princeton University, Senator Borah
says:
You will not deny that were we q
member of the World Court we could
! be called upon by theNLeague, as a
member of the court, to counsel and
advise the League relative to every
dispute or question which might arise
in Europe.
HAD We been member of the
court We would have lately been ad-
| FisinS and consulting with the league
over the Mosul oil reservations. =.
There Is not dispute or a question
growing out of any of the affairs of
Europe under the precedent of the
Mosul case concerning which we. as
members of the court may not be
called upon to give advice and coun-
sci to the league
This language is passing strange.
How on earth does the senator Jus
tify these assertions?
What is proposed is that the Uni
ted States shall adhere to the World
Court under five conditions which
may be reduced to their briefest
summary thus: We accept no legal
relation to the league, we share in
the election of the judges of the court,
we help pay the costs of the court, we
must consent to any change in the
statute which constitutes the court,
We shall not be bound by any advis-
ory opinions Of the court without our
consent.
What Is meant when it is said that
this court is a creature of the Lea
que of Nations? The opponents of the
court mean that 1t is a minion of the
, league, bossed by the league, serving
as errand boy for the league, telling
the league how to accomplish its me-
farious designs and how to elude the
Just consequences of it's sinister plot
tings. providing the machinery by
which the league shall fasten itself
upon this country whether we wish
to have anything to do with the
league or not.
Now the court is nothing of the
sort. What in fact is the relation of
the court to the league? Briefly this
is fair statement of the facts: The
Covenant of the League of Nations
calls for the creation of court.
In accordance with the terms of the
covenant the council of the league
| named commission of eminent in
ternational lawyers and jurists who
prepared the statute of the court,
The council and assembly of the
league approved the statute. Thus
far, and to this extent, the court may
be called creature of the league.
But nothing done by the council nor
the assembly established the court.
The court exists today by virtue of a
treaty. new and separate treaty.
entirely distinct from the treaty OF
Versailles, an Independent treaty,
signed by large number of nations.
Further. the expenses of the court
are paid by the members of the lea
que; that is, certain part of the
moneys received at Geneva for league
support are set apart for the courts
expenses, and once thus set apart
the court does the spending without
reference in any manner TO the
league. Also, the judges of the court
are elected by the council and the
| assembly of the league. This is not
done under any requirement of the
covenant; it is done under the sta
tute which established the court.
Nominations are made by The Hague
arbitration tribunal Once elected
the league has no control whatever
over a judge. This method of cleo
ton is the great contribution of E.lhu
Root to the solution of the problem
of the creation of an internatIona |
court. Finally. the court may be