Evening star., 1926-10-07
u. S. STILL SEEKS
WAY INTO COURT
Swanson, in Conference With
Kellogg, Believes Formula
Will Be Found.
BY DAVID LAWRENCE.

Some interesting exchanges are
going on among the foreign offices of
the world with respect to the Ameri-
can reservations to the World Court
protocol.
Senator Swanson, Democrat, who
has been at Geneva and Is now back
here, is in frequent consultation with
Secretary Kellogg. He has been hope
full that some formula could be
worked out permitting American
adherence to the Court.
The latest suggestion is that all the
powers accept the famous fifth reser-
walton without comment at this time
and that if a specific case arises which
makes it diffictft for the Court to
function because of supposed Ameri-
can obstruction, the situation be met
by concerted movement to amend
the statutes of the Court.
Fear of Veto Power.
In other words, most of the opposi-
ton to the fifth reservation at Geneva
was based on a hypothetical case
which might never exist. 1t was pre-
sumed that the American veto power
would be exercised in a broad sense
wherever American interests were in
volved even remotely.
No such contingency is expected by
American officials. European govern
ments, for instance, may have over
looked the fact that the Interpretation
of treaty or international agreement
is vested with the executive branch
Of the Government, which, through
the Department of State. conducts
diplomatic relations. The question of
whether specific controversy did or
did not involve an American interest
would be decided by the State Depart
ment. which. it is pointed out, would
never veto an advisory opinion in an
emergency that might otherwise lead
to war.
The good faith Of The American
Government to use it's veto power
wisely and in a manner that could not
provoke serious objection is counted
on here to offset most of the argu-
ments that have been made against
the acceptance of the fifth reserva-
ton.
L. S. Not to Withdraw.
President Coolidge had let it be
known, significantly. that no matter
what the powers say about the fifth
reservation at this time. he will not
withdraw the application for Ameri-
can admission. In other words, at the
next meeting of the Geneva assembly
the matter will still be on the FRO
gram ready for action by individual
members of the League. Also, there
is ample opportunity for exchange of
views by diplomatic note between now
and the next meeting Of the League.
For purely political reasons not
much will be said or done between
now and November 2. The admins
tration is not borrowing trouble on
the World Court issue.
There is harmony in the Republican
ranks. and the President. for the mo-
ment is concerned that his party shall
retain control of both houses. After
the elections the problem may come
up for discussion. but with minimum
of comment from the Washington end
of the tangle.
Europe Must Cooperate.
The European governments are be.
iug told by friends of the court that
a simple formula for acceptance now is
the only practical way to keep
American interest in the cooperative
peace movement, as synbolized by
the League of Nations, and that the
latter cause will receive a setback un-
less Europe comes to the rescue of
the pro-League and pro-Court ele-
ments in America.
The argument is being advanced
that in due time even the Senate may
see the unwisdorn of retaining a spe.
cial privilege in the World Court and
that resolution which places
America on a basis of equality, ex-
Tot 70 l,a
Monroe doctrine which the United
States reserves for itself the right to
interpret. may be the ultimate solu-
ton. But the matter now Is largely
in the hands of the foreign govern
ments which have not drafted their
final answers to the American reser-
vafiOnS