Evening star., 1926-09-01
One Stipulation Expected to
Go to a Commission
for Examination.
UNEXPECTED OPPOSITION
DEVELOPS TO ANOTHER
Advisory Opinion Where America
Is Involved and Amendment
Clauses Cause Trouble.
BY the Associated Press.


tional Justice, convening today, ac.
cepted three of the five conditions
under which the United States would
become member of the World Court.
1t is the general impression that the
fifth United States reservation will
be turned over to commission. for
study. The belief prevails that the
basis Of this reservation Is a desire
on the part of the United States to
prevent any attempt by the council
of the League of Nations to seek ad-
visory opinions either on immigra-
tion problems or questions affecting
the Monroe doctrine and Latin
America.
The fifth reservation provides that
the Court of international Justice
shall not, without the consent of the
United States, entertain any request
for an advisory opinion touching any
dispute or question in which the
United States has or claims an in
tereSt.
Other L. S. Reservations.
The other reservations under which
the United States is willing to ad-
mere TO the court are.
First. adherence shall not involve
legal relations with the League OF
Nations or the assumption Of obliga-
tions by the United States under the
treaty of Versailles.
SecOnd-Equality shall he given
American representatives with mem
bers of the council and assembly of
the League of Nations for the elec-
ton of judges and other officers of
the court and for filling vacancies.
Third--The United States shall pay
a fair share of the expenses of the
court.
Fourth-The United States may
withdraw at any time from its ad-
herence.
The American reservations were
adopted January 81 by the United
States Senate in deciding. by a vote
of 76 to II, to join the World Court.
Created by League.
The Permanent Court of Interna-
tional Justice was created by the
League of Nations and is composed of
men of high individual standing from
all parts Of the world and representing
all systems of thought and law. The
purpose of the court is to settle dis
putes on the basis of law and justice,
rather than on political eXpediency.
Representatives OF Is countries are
attending the conference to discuss
the American reservations.
1t is the belief of representatives of
the powers in the council of the
League of Nations that if the Ameri-
can reservations should all be ac-
cepted. such an arrangement would
give the United States a privileged
position as compared with members
of the council. 1t is pointed out that
If members of the council were
parties to a dispute their vote would
not be counted on the question Of
whether an advisory opinion should
be asked of the court, whereas the
United States. not being a member of
the council would enjoy perpetual
veto.
Fear Weakening Powers.
BY some of the prominent mem
bers of the court the opinion is held
that were the advisory opinion func-
ton of the court weakened it might
prove disastrous to the court.
Opposition to the reservation that
the statutes Of the court could not be
amended without the consent of the
United States cropped up rather un-
expectedly. 1t was led by Sir George
Foster of Canada. who declared this
reservation would prevent members
of the league. to which institution
the United States has no obligations.
from ever amending the court
statutes without American permis
sion. He remarked that the league
members might deem some amend
ment necessary in the future. and he
inhibition.
The Canadian delegates position
was warmly supported by NJ. Marko-
witch, former minister of Justice Of
Jugoslavia.
The stipulation as to amendment of
the statutes of the court is made in
the fourth of the reservations adopt
ed by the United States Senate.
Veto Power Opposed.
NJ. Markovitch held that if the
United States merely wanted to par
ticipate in the proceedings for amend
ment, there could be no opposition; but
if she wanted the power of veto. the
reservation was unacceptable.
The session was rapidly getting
snappy in tone when Latin America.
through Senior Buero of Uruguay and
S6nOF AuiIicld VI NCIcHucln, lIlIck
vened, dema nding precise information
as to whether amendments to the
statutes required unanimity or mere
majority. The Venezuelan delegate
declared that, if unanimity were nee
essary, the American condition could
not be approved.
Senior Buero favored q general pol
icy giving the most favorable solu-
ton to the wishes of the United States.
The subsequent discussion brought
out the fact that no provision exists
specifying whether unanimity is OBJ
ligatory.
A feature of the session was an at
tack by Stephen Osusky of Czechoslo-
vakia, a former resident of Chicago.
upon NJ. Rolin. the Belgian jurist,
whom he accused of attempting to
make the conferees believe they had
been summoned to discuss the ques-
ton of America adhering to the
League of Nations
Three Reservations Approved.
M. Rolin, referring to the American
reservation of the right to withdraw
from the court at any time warned
the delegates that members of the
league who were members of the
court would not have a like priv.
ilege.
The conference approved the first
three Of the five American reserya
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