Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-01-27
After Cloturs, Reason
IN. Y. World,

IN. Y. World)
1t was with the greatest regret that
The World felt bound to approve the
application of cloture to the debate in
the Senate on the World Court. 1t was
the final refusal of the opponents to
agree to definite date within a rea-
sonable time wsich turned the scales
for us in favor of a measure which we
should not like to see invoked often
and never in an unreasonable, die
tatorial fashion.
Having adopted the cloture, it be-
comes the part Of the advocates of ad-
herence to recognize the effectiveness
OF Senator Borah's main criticisms
and to meet those criticisms fairly.
The first of these comprises the neces-
sity of making certain that advisory
opinions are always public or, to put
1t another way. that the present rules
of the court are not changed by the
judges. On Jan. Is Mr.. Borah sub
mitted very able memorandum to the
Senate which contains reservation
designed to meet this point 1t reads
as follows:
That, in acting upon requests for adj
visory opinions, the court shall not,
under any circumstances. depart from
the essential rules guiding its activity
as judicial tribunal but shall give
notice and open hearings to all inter-
ested parties, and shall In each caA
freely determine in the exercise of it's
own judgment. whether 1t can, in
keeping with its judicial character,
properly answer the question put to It,
and what shall be the nature and form
of its response; that in no case shall
the court give any confidential advice
but shall announce it's opinions public
ly, together with the opinions of dis
senting judges; that the court shall
not give an opinion on a question to
which the United States is a party
without the consent of the United
States: and that the United States
disclaims all responsibility for any
opinion. on any question to the SUBJ
mission of which the United States
was not party.
We have reason to think that this
reservation was drafted by a famous
international jurist who is friendly to
the court. 1t should be adopted.
In the course of the same memoran-
DUN another point is raised which is
new to US and appears to be important
The point is this: The request for an
advisory opinion can only be made by
the League If It is unanimous. Thus
Britain or France or any other member
of the League can stop a request for
an advisory opinion If 1t does not wish
to, have such an opinion rendered. The
United States, not being a member of
the Lea que, has no such veto power. A
reservation should, therefore, be adopt
ed giving the United States the same
right of veto which is enjoyed by mem
bers of the League.
A great deal has been said recently
about confusion in the Senate. The
speeches of Reed and Blease We're GER
tainly a wretched performance. But
on the other hand, the speeches of Be-
rah. OF Walsh. of Lenroot, of Swanson.
of Pepper. have been worthy of the
Senate They have been illuminating,
Informed and earnest We prefer them
by far to the rantings of Mr. Dawes
or to the impotence of those who are
bored with a serious discussion of a
great question. The flibuster was un-
necessary and undesirable But the de-
bate itself will prove to have been of
real value.