Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-07-07

to hear and determine any dispute VI
an INTERN tional character which the
parties thefeto submit to 1t. The court
NAV also give an advisory opinion upon
any dispute or question of an interna-
tional character which the parties
thereto submit to it. The court may
also submit an advisory opinion upon
any dispute or question referred 10 II
by the Council or by the Assembly" -of
the League Ct Nations.
BY reason of the charge that that
last clause made it a court primarily
Of the League, the United States made
several vital reservations, in case We
accepted the court. Those reservations
were not accepted by the League, and
so. as Nation, We have no connection
with the Permanent Court Of Interna-
tional Justice, although from the be-
ginning, John Bassett Moore has been
member.
When the formation of the court
was under consideration. Elihu Root
was member of a commission Of
eminent jurists to formulate the plan.
1t was upon his proposal that the plan
for election of judges was adopted.
1t provides that nominations are made
by the national groups composing the
Permanent Court Of Arbitration at The
Hague, each group nominating four
persons. not more than two Of them to
be of the groups own nationality. That
accounts for the nomination of an
American. Mr.. Hughes, by Sweden and
Japan, to fill the vacancy caused by
the recent resignation of an American,
Judge Moore.
In 1907. the American delegates TO
the second Hague Conference were in
Structed by President Roosevelt and
Secretary of State Hay to work for the
development of the Permanent Court of
Arbitration into permanent tribunal
TO be composed of judges who are not
diplomats, but judicial officers. and
nothing else, who would be paid ade-
quate salaries TO devote their whole
time to the trial and decision of in
ternational causes by judicial methods
and under sense of judicial RESPONSE
bility"
This American ideal was supported
by the British and German delegations,
but met with only partial success. The
conference agreed on the general plan
OF the court, TO be called the Permanent
Court OF Arbitral Justice: no agreement
was reached on how to choose the
judges. Nevertheless, the American
delegation came back encouraged to
report that the foundations of
permanent court have been broadly
ana hrmiy laid Yet the plan was
never developed, in spite of efforts by
secretaries OF State Aacon and Knox
So the world entered upon the Great
War with no World Court 10 which sp-
peai might be made TO settle disputed
rights judiciany
: y u
When the war ended and the League
was organized, at its second SeSslor, in
1920, the Council OF the League invited
group OF distinguished luriSts to oe-
wise q proper plan TOR such a court.
Inc United States although not menu
Der OF the League, was represented on
mat COMMISSION by Eiihu hoot
ana II was MIR. Roots suggestions that
were adopted, first To take the plan of
me ola permanent Court of Arhltral
justice as the basis ana the plan of
SeiectlnS It's members as above out
nheo, oy the several groups of the
nations adhering To the Court OF Ar
bitration.
In the eight years of its existence
tne permanent Court OF International
Justice has decided II cases ~
disputes between European or western
ASiauc nations. IL has also reDderar
20 the League of Nations IA "aSvtsorS,
opinions all relating To European prnh-
lens growing out of the World war
adjustments, None bore snv rela-
ton 10 questions of North or south
How remotely those decisions NAV
ahect American problems. in prineinls
vi" future developments may disclose
&w&
ne reservations tackled onto our San
ateS proposal 10 adhere Ia the rr,,rt
we're rejected by the League. They In
Cluuea' primarily. that such aoheyenra
~ouiu not involve any legal relation nj
'ne United states Ia the League, that
lne united States retained the rig,,t IN
wlNhuEaw at any time, and thai the
statute Tor the court should nevar ~
thahGea without the consent 81 the
United states, that the court Sh,,,IS
never render Any advisory ouinicn en-
me League except publicly, nor ~should
u, without the consent az the Inrtt@S
states, entertain any request for an ass
flsory opinion touching any diSpute or
question IN which the United States has.
pr claims, an interest" '''
IhoSe reservations We're TO be Suhnit-
ed directly to each Of the as nations
To the court and their Seuarate
aeeeptanceS to be made by letter. hut
me League refused that method and
insisted that the matter must De COM
'idered In League session, which would
retain the courts status SuhServient 10
he League, So II all remains Suspend-.
ID, with no prospect ef overcoming then .
mnaSSe
tceeyrishs, 1898, ~ Paul V, cenasn