Evening star., 1925-05-12

bly, of the league may refer to the
court for it's opinion any dispute or
question: This provision in the COW
enant of the league has been incor
porated in effect as the court itself
has determined in the statute creating
the court. 1t is now regarded as
part of the statute under which the
court operates. Under this language
any dispute or any question, legal, po
litical or mixed, may be urged upon
the court and upon it the court may
be asked for advice or counsel. If
you go over the questions already re-
ferred to the court, you will see that
some of them are far more political
than legal.
Praise for Attitude.
II want to say here that I think
the court thus far has done well in
resisting some of the questions put up
to 1t. But another court may seize
them for consideration. 1t is in the
nature of courts, as all other govern
mental institutions, to reach for Juris-
diction and power. And secondly, no
court should be called upon to resist
such pressure. No political body
should be permitted for a single in
stance to be in a position to call for
such action upon the part of the court.
of the league. 1t will in time become
in practice a legal department of the
league. Indeed, it has already to
marked extent become so.
Since the League of Nations cove
nant was adopted it has been found
quite unsatisfactory to the members
of the league. 1t didn't seem to work.
So they have proposed drastic amend
ments to the League of Nations cove
fc al
ready been accepted by forty-odd ma
tions. The amendments may, or may
not, become permanently part OF the
league covenant. But whether they
do or not, they disclose plainly how
the members of the league regard this
court and what they think of its duties
and functions. They regard 1t as
distinctly department Of the league
to be changed, added to and over
hauled at their discretion. 1t never
seemingly occurs to them that this is
an Independent judicial body, exempt
from political views and opinions, and
authorized to pass only and alone
upon controversies arising under the
law.
Subject to Council.
Among other things provided for
in these amendments is that the coun-
ell Of the league may call upon this
court to advise each arbitration COM
mittee which may be organized. and
the amendment expressly provides
that when the council calls upon the
court, If it is not in session, it shall
meet with the utmost possible dis
patch This is the tribunal which
they say is not a league court. Here
is a supposedly. great, Independent.
dignified, international court, subject
to the call of a political council. to
advise a temporary arbitration COM
mittee, and If the arbitration COM
mittee sees fit to do so, 1t may wholly
reject the advice. These committees
may be arbitrating about any possible
question of dispute. political or other
wise, arising in Europe. 1t does seem
to me that it is little bit extraordi-
nary that Permanent Court OF In
ternational Justice shall be required
to counsel and advise with tempo
rary arbitration committee. Again,
under these amendments the court
may be requested to give advice. or
an opinion, as to whether or not
particular question is domestic queS-
ton.
Now this same proposition upon
which the court is called upon to
give advice may also be determined
by the council of the league. The
political body, the council of the
league, and the judicial body have
coordinate jurisdiction in regard to
this subject, except that the political
council may override the judicial
council. 1 assert that the court here
becomes nothing but an attorney.
and subordinated to political power.
Its opinions are merely taken for
what they are worth to be rejected
either by the temporary arbitration
committee or the council. These
amendments also provide that any
question as to the power of the
league shall be determined by the
Court of International Justice.
Similarity Is Seen.
"I ask you in all candor: What is
upon the council of the League of
Nations advising and counseling with
reference to these matters which
come up before the arbitration COM
mittees and as to the power of the
league under the covenant. and our
sitting upon the court and advising
these arbitration committees and
counSeling with reference to the pow
ers of the league under the covenant?
''If these amendments are accepted
and become a permanent part OF the
council of the league, are given the
authority and right to determine alb
solutely the question of peace or war.
This tremendous power of peace or
war is delegated to 10 men. These 10
men, as the council, may declare what
war Is a righteous war and what war
is unrighteouS, what war Is a war of
aggression and what war is not a war
of aggression. But more surprising still
is the authority given to these men
to continue the war. The war once
begun, under the authority of the
league, cannot end until these same
10 men declare that it may end. Let
me quote you the language: "The
council shall alone be competent to
declare that the. application of sane
ton shall cease and moral conditions
be re-eStablished." This is the most
ambitious effort to create a military
autocracy of which I have any knowl-
edge. But this Is the institution, and
this is the organization which the
court is, at the request Of the organi-
zation, to counsel and advise, and
which we would be counseling and ad-
vising as members of the court 1t
would bring us as thoroughly and as
effectively into all the affairs of Eu-
rope and make us as much a part of
their turmoil and their strife as If we
were members of the league Indeed,
If we are to be advisers and coun-
selors of the league. I would prefer to
bs member i'll the hope that we