Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-01-26
LEAGUE TO ACCEPT
AMERICA IN COURT
Conditions Attached to Pro-
toCoI Not Regarded as
Fundamental"
RY FREDERIC WILLIAM VILE.

1t can be stated ON authority that
the League of Nations will accept the
United States as member Of the
World Court, regardless Of the sweep
ing swanson reservations which II Is
proposed To attach to the resolution
of adherence. The changes are not
regarded as fundamental"
If the reservations are finally APP
proved and the American Govern
ment notifies Geneva that II VIII join
the Permanent Court Of international
Justice only on those conditions. the
league will not offer the SliehteS; OBJ
lection. Word on THAI score comes
10 Washington from the source best
qualified to give il. The league does
not share the anti-court paTty'S ttunt
that the reservations introduced by
Senator Swanson. Democrat. or the
eve of the cloture vote in the Senate.
"emasculate" American entry.
The sort of reservation which the
league would hold to be unacceptable
Is the one proposed by Senator Eorah
regarding the election of judges. This
reservation seeks To place the United
States, which would have one vote. Or
terms of equality with the British
Empire. which has seven votes. such
a reservation is regarded AT Geneva
a 5 changing the court 'StruCturc in
a way that cannot be considered
Senator Moses reservation. binding
the court not TO so TO war TO enforce
DEGREES or opinions, Is also unde
batable from Geneva s standpoint. The
Moses proposal is held not to apply
strictly to conditions for American
membership. No other kind Of Ameri-
can reservation is likely to command
approval by the League of Nations.
A n a Of he 20 ~
the World Court affairs which is bound
10 attract attention throughout the
world is the fresh revelation that the
Senate, in effect, has become domi-
mating factor in the conduct of Amer
ica's foreign affairs.
Power OF Senate.
Theoretically and constitutionally
the Senate's prerogative in foreign re
lations is limited to giving advice and
consent" With such advice and con
sent, the President Of the United
states is empowered ito make treat.
les" the right OF the Senate being lin
tied to 'concurring in them. But
the Senate. on the present occasion.
has virtually made its own treaty
with the League of Nations in connec-
ton with the World Court.
Up to the time of the Swanson res
ervations. the Senate was considering
n protocol which had been negotiated
by the executive branch of the Gov
eminent with the league authorities.
1t was the result of diplomatic ex-
changes between Charles r. Hughes
then Secretary of State, and Sir Eric
Drummond. secretary general of the
League of Nations. MIR Hughes.
when submitting the original World
Court proposal TO the Senate in Feb
ruary, 1923. with President Hardings
authority, informed the Senate of the
communication that had been had
with Geneva.
As matters stand today the United
States is about to seek entry into the
world Court on terms that have not
been negotiated with the league. as
we'll as under conditions with which
the executive brance of the American
Government, officially at least has
ilad nothing TO do. That marks a prac-
tlcally new departure in the conduct
or American foreign relations. It de-
notes, in important respects, some
thing of an abdication by the execu-
i've IN favor of the legislative branch
of the Government
Won't Split Hairs.
But. as hereinbefore indicated. The
League OF Nations is not at all likely
TO split hairs on that point. Some
time ago. following abortive attempts
at a league assembly in Geneva. to
erect important changes in the struc-
turs Of the World Court, an intima-
ZION reached Washington that any
ming OF that sort, If attempted by
America, would be resisted. 1t was
STATED, on the same occa sion. that res
erfatlons respecting Americas own
membership or assuring American
equality in the election of Judges, the
amendment of the statute, or the pay
lnent OF expenses. as suggested by
RESIDENTS Harding and Coolidge,
would be accepted at Geneva without
IA murmur
assurance came that such reser-
Vatons even would be welcomed. if
Inc would make full American mem
oershtp certain. What Washington
was told was that proposals for
changes in the relationship of other
nations TO court which they had
created and maintained for four years
would be unacceptable.
Two member nations a few months
ago sought to bring about fundamen-
I al changes in the structure of the
World Court. Both attempts were
froWned upon by the League of
Nations. Uruguay wanted the statute
of the court studied, with a. view to
revision that would facilitate the ad.
hesion of the United Mates. Den.
mark suggested the addition to the
court of a Cancellation chamber, Both
projects were quickly rejected, princi-
paIly an the ground that the court
IS functioning satisfactorily. It was
also set forth that any attempt
radically to change it's constitution. re.
as II would, unanimous con-
sent or all member nations would en- |
counter almost insuperable difficulties. |