Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-12-12
Is Borah's World Court Plan
Unreasonable; a Reply to Hudson

fact, an organ of the league and IS
so considered by the court and by the
members of the league, is capable Of
demonstration from their official pub
locations, so that it is unnecessary to
detail ii here.
The suggestion of enforcement OF
the court from the league is no more
unreasonable or 'impracticable" than
the suggested adherence with reserVa.
lions. Any reservations proposed ~
the United States would require thss
approval Of the present signatories.
otherwise there would be no real rati-
fication effected by the United States.
If the Harding reservations are be-
lieved to be warranted and acceptable,
and if, as has been maintained, the
court is really independent of the
league, there should be no objection
on the part of league members 10
American reservations removing all
doubt on this point by actually d.
vorcing the court from the league, as
Senator Borah proposes.
The Court Budget.
Prof. Hudson next takes up the
question OF the court budget. Here
again he inadvertently shows the in
innate connection of the court with
the league. The money necessary 70
pay the bills of the World Court tsic)
is now collected from 55 nations. all
members of the league" while only
Sc, or 60 per cent of the members.
have actually ratified the protocol OF
the court. All of the lea que members
contribute to the expenses of a court.
which, If it were Independent, would
belong only to the So ratifiers of its
protocol Of signature. And while the
financial section of the league Is, as
Prof. Hudson alleges, a satisfactory
machinery for apportionment and col
lection of contributions for the ex-
penses of the league. ii does not seem
an insuperable or uneconomical task
to have, for instance, the interna-
tional bureau at The Hague perform
this service for the court. Prof. Hud-
sons suggestion, that ii We desire
our check can be sent directly 10 the
courts registrar at The Hague with
out even passing through the leagues
agencies at Geneva" is, apart from
the implication that the latter is the
proper and normal method OF payment,
a concession which is beneath con-
tempt. If we are to enter the court
as at present constituted. let US not
fool ourselves by any such subterfuge
as making our contribution ION the
sly" so to speak
Considerable anxiety is felt by Prof.
Hudson as to what explanation Sena-
tor Borah will offer to the other 4S
countries for his suggested change in
the present arrangement. He makes
Senator Borah say to them. "Dupl-
cate your machinery which, of
course, is an exaggeration. and he
makes them reply. we do not see
why" An appropriate answer is not
far to seek. If the court is divorced
from the league, as the anti-leaguers
desire. American adherence to the
court may be secured without the for
NAL rejection of membership in the
league. This should be satisfactory to
the court, which they consider the
first step into the league, while leav-
ing the latter question of league mem
bership for further consideration upon
its merits at some future date. In
other words, the much-desired Ameri-
can participation in the so-called
World Court would be obtained at the
insignificant price of making the court
independent of the league, as they
maintain it is already.
Advisory Opinions.
Another question which proves
bothersome to Prof. Hudson is that OF
that Senator Borah would entertain
any serious objections to the rendering
of advisory opinions by the court upon
any matter Of law which the parties i'll
dispute agree to submit to it. provided
the court isef were entirely independ-
ent Of the league and the opinions
We're furnished to any Signatory of
the protocol among them, of course.
the members of the league) only after
notice, full opportunity for hearing,
careful del;beration and immediate
public announcement" What Senator
Borah is opposed to is the rendering
of advisory opinions without the con
sent of the interested parties or upon
non-legal questions.
'Divorcing the court from the
league" concludes Prof Hudson. is
a wholly impracticable. although unde,
sirable, thoroughly reactionary pro-
gram. 1t is Wholly unnecessary TO
Americas remaining outside the
league" If this be SO, he should tell us
why the first Harding reservation has
been considered necessary. ITO pro-
pose 1t to other countries would mean
not. simply that America remains out
of the league, but also that she OPP
poses other countries going on with
the league, as it has been launched"
Quandoque dormitat Homerus; why
shouldn't Prof. Hudson be allowed his
little nap. Divorce does not prevent
separate maintenance. The league
could continue the work it has been
doing since before the court was estab-
lished, the only difference being that
the court of which 1t would make use
from time to time would be a World
Court instead of a League Court. Far
from other countries rejecting such a
proposal, they would probably rejoice
that America had finally stated her
position with regard to World Court
and had not attempted to share in the
League Court without undertaking the
obligations Of league membership. Sen
ator Borah. therefore, in supporting
the court divorced from the league. is
not only standing for our doing moth
ing" but is even rendering a great
public service by calling attention to
the organic union of the court with
the league. For that the present court
is an organ of the league, we have on
no less distinguished an authority
than Sir Eric Drummond himself, the
secretary general OF the League Of
Nations, who. in a standardization to
the council at its session in Rome, IN
November 1924. regarding the advis5s.-
bility of the Permanent Court for
warding a report of its work for the
information Of the assembly, pointed
out that the object thereby was that
the assembly might have q general
view Of the work OF the organs of Ave
Iea cIIe"