Evening star., 1925-12-08
Hudson Declares BOrah's
Court Plan Impracticable

pie, efficient and economical When
Senator Borah says to them, "Dupli-
cate your machinery" they will nat
urally answer. We do not see why"
! t3) Advisory optnions.-The cove
nant provides that the court foreseen
by article IA might give ADVISOR
opinions on disputes or questions sub
nlitted by the council or assembly Of
the league. The court statute incor
porates this provision by reference to
article II. In four years the council
has requested 10 advisory opinions;
one request was withdrawn. because
the imminence of action by the court
enabled the parties to settle the dis
pute outside. One request was denied
by the court. Seventeen opinions have
been given. each relating to the legal
phases of an existing dispute. In Civ
ing such opinions the court follows a
procedure not essentially different
from that followed in arriving at the
six judgments II has given in these
four years, i.e., II acts only after no
tice, full opportunity for hearing, care
full deliberation and immediate public
announcement.
These opinions have a clearer rela-
| tion to the problems of war and peace
than the judgments Of the court. Sen
ator Borah has said much about out
| lawing war. Yet he opposes the only
direct contribution which the court l.
| likely to make to preventing war. For
| nations do not fight over legal solo
| cisms-they fight over political differ
ences. To the extent that the latter
involve legal questions which can he
isolated from their political back
ground, the court can give direct aid
in maintaining peace. Forty-eight
other countries are anxious to avail
themselves of this aid. Senator Borah
| prefers to eschew 1t, and talk aboul
outlawing war.
Role Clearly Shown.
The courts most recent opinion
| shows it's role quite clearly; in ham
ding the Mosul dispute the council
| reached a deadlock over a preliminary
| legal question. and this has now been
| settled by an opinion OF the court so
| that the council may proceed. Sena-
| tor Borah refers to this by saying
| that had the United States been a
| member Of the court we would have
lately been advising and consulting
reservations" The fact. is that the
| court, Of which an American indi-
vidual is a Judge, merely gave an
| opinion, after public hearing, on the
| meaning Of a clause in the treaty Of
| Lausanne. If the United States had
| been a member OF the court, no Off
! cial or agent of our Government
! would have taken any part whatever
in this proceeding. The situation then
| today. except that the United States
would be helping to pay the court $
| expenses when 1t was meeting.
| Senator Borah says it Is not a judi
| cial function to give advisory opin-
| ions. but the judicial committee of the
privy council in England. the Supreme
Court Of Canada and the Supreme
Courts of seven Canadian provinces
and eight American States have long
given such opinions. In four years
| they have formed a large part Of the
work of the World Court. Other ma
tions have found them most useful In
their efforts to maintain peace. and
! there is every probability that If the
United States should propose to abol-
! ish the courts power to give these
| opinions they would refuse to agree.
| For present indications are that fully
| half Of the courts usefulness lies in
| this advisory function. Senator Borah
has leveled his attack against one of
| the courts best features. He makes
a proposal which other countries win
almost surely reject, and he attempts
to justify this by referring to the fact
| that Lord Balfour succeeded in get
ting a change made In the court s
statute before it was finally agreed
! upon.
| "Divorcing the court from the
| league" is a wholly impracticable, al
| together undesirable, thoroughly re-
dictionary program. It Is wholly un-
necessary to Americas remaining out
side the league. To propose 1t to other
countries would mean not simply that
America remains out Of the league,
| but also that she opposes other coun-
tries going on with the league, as it
| has been launched. 1t seems quite
certain that other countries would re-
| ject such q proposal, and If it's ac-
| csptance were made a condition prece-
dent OF American support, then we
should have no part in any court. In
fact, In processing to support the
World Court divorced from the
league Senator Rorah is standing
! for cur DOING nothing