Evening star., 1926-10-10

11uSHcS d DleI1lDeT OF In0
Permanent Court Of Arbitra-
- tion at The Hague, President
Coolidge has given fresh evil
dence Of this Governments devotion
to the principle Of arbitration Of in.
ternational disputes at a time when
American adherence to the World
Court Is in doubt.
The selection Of such an outstand-
ing jurist as Mr.. Hughes convinces
other nations of that devotion. just
as the Appointment of a comparatively
unknown person would have been
construed as a move to minimize
the arbitral agency at The Hague.
Moreover. in his post at The Hague.
Mr.. Hughes is placed in more direct
line for election as a judge Of the
World Court if the members of the
League of Nations. which elect the
World Court judges. should find 1t
necessary to replace the present
American judge. John Bassett Moore.
AS both of these tribunals are at
The Hague, some confusion OF them
may result, though they are distinct
in their functions while being his
torically developed from the same de-
sire of the nations to adjudicate dis
putes.
Outgrowth of Parleys.
The Permanent Court Of Arbitra-
tion, to which Mr.. Hughes is appoint
ed, was the outgrowth Of conferences
in 1899 and 1907. It consists simply
of panel Of judges nominated by
the nations as group from which
any nations so inclined may select
arbitrators. There is nothing COM
pulsory about it and there is no jul.
dicial procedure in the strict sense
Of the word.
The so-called World Court. estab-
lished in 1921, under the provisions
of Article XIV of the covenant of the
League Of Nations, is emphatically a
judicial tribunal. intended to have all
the authority that is lacking in the
Court of Arbitration. The World
Court was expected virtually to re-
place the Court of Arbitration.
although the latter was not abolished
and may continue indefinitely for use
of those nations not desiring to re-
sort to the World Court.
The reason Mr.. Hughes. as mem
ber of the Court of Arbitration. is
more eligible to be elected a judge
on the World Court is found i'll the
fact that the constitution of the World
Court provides that nominations OF
candidates for World Court judgeships
snail De ny the IiIclIlDCl .
of the Court of Arbitration.
While Mr.. Hughes is we'll known to
the members of this court, his new,
direct relation to them will improve
his chances of being nominated for
any future vacancy on the World
Court. In that event he would be
nominated by one of the foreign
groups in the Court of Arbitration
rather than by the American group.
A Friendly Gesture.
When the League of Nations elected
the judges of the World Court for
the first time John Bassett Moore, an
American member of the Court of Ar
bitrat ton, was elected to the World
Court, despite the fact that the United
States was neither a member of the
League nor of the World Court. Mr.
Moore's election was a gesture of
friendliness to the United States in
the hope that ultimately this Nation
would adhere to the World Court and
possibly join the League. .-
From every indication Mr.. Moore
has proven a most acceptable judge on
the World Court, so that at the end
of his nine-year term he may be re-
elected by the League if he consents
and if at the time the League MEM
UcIS StlII COISlucI dII AulcI lCdH Jul ISl
is desirable on the court. In the case
of his resignation or a vacancy for
any other reason. Mr.. Hughes would
be in line, az would Elihu Root, also
member Of the Court of Arbitra-
ton. but whose age might cause him
to decline the honor.
President Coolidge has ample prece-
dent in Loyalty supporting the ideal
of arbitration of international disputes
by appointing the foremost American
lawyers to the Court of Arbitration
Every American President in the last
80 years has advocated arbitration
as an American ideal. President Nc
Kinley. in his first inaugural address
in 1897. said that the Sleading feature
| of American foreign policy throughout
our entire national history has been
our insistence on "the adjustment of
difficulties by judicial methods rather
than by force of arms"
Mckinley Urged Tribunal.
When the Car of Russia called the
first conference at The Hague, in
1899, to create some kind of arbitral
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