Evening star., 1928-02-10
The World Court Resolution.

| aIlQ ltS punishment serve AS u WohliHik
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The World Court Resolution.
One cannot help but wonder pre-
cisely what Is back Of Senator Gillett'.
resolution Of Monday suggesting to the
President the advisability of a further
exchange OF views between the United
States and the signatory nations tc
the World Court to establish whether
existing differences as regarding our
adherence to the Court can be salts
factorily adjusted.
AS far as the public is advised. the
present status OF the negotiations
which up to September 3. 1925. were
being conducted with a view to our
entering the World Court, is as fol-
lows: On January 81. 1926. the Senate
voted for ratification of the World
Court protocol modified by five reser-
vations In March the secretary gen.
eral OF the League of Nations was ad-
vised OF this action. The Council con-
ferred upon the reservations proposed
and subsequently invited the United
States to a meeting TO be held at
Geneva in September. 1925, for the
purpose of discussing the various ques-
tions raised by the terms of the Senate
resolution. In April the United States
declined this invitation, declaring that
the Senate reservations were clear in
themselves and not open to discussion,
The conference was held without
American participation and after open
discussion a subcommittee was appoint
ed to clear the way" for American
participation. On September % the
conference as a whole signed a pro-
tocol concerning the American reser-
vations which modified the fourth Of
these and sought to clarity the mean
ing of the fifth. and suggested such
further exchange Of views as the Gov
ernment OF the United States might
think useful There the matter was
permitted to drop. President Coolidge
in a speech on November IL stating
that unless the requirements Of the
Senate resolutions are met by the in
terested nations. can see no prospect
Of this country adhering to the Court" "
The first three American reserva-
tions, entirely routine in nature and
cheerfully accepted by the interested
nations" need not be here discussed.
The fourth reservation provided that
the United States might at any time
withdraw adherence to the protocol
and that the statute might not be
amended without its consent. The
modification made to this proposal by
the signatory states provided that they,
acting together and by not less than
two-thirds majority, should have a
corresponding right to withdraw con-
sent to the American reservations.
The fifth American reservation pro-
vided that the Court should render no
advisory opinion without notice to all
adhering states, nor should. without
the consent OF the United States, "en-
tertain any request for an advisory
opinion touching any dispute or ques-
ton in which the United States has
or claims an interest"
Seeking to clarity the more or less
ambiguous language OF this reserva-
ton. the signatory powers proposed
that any objection on the part OF the
United States should have "the same
force and effect as attaches TO the vote
against asking the opinion given by a
member Of the League In the Assembly
or the Council" OF the League.
These notifications resulted In the
abandonment of our project 10 enter
the Court-a project favored by each
OF three Presidents. by the Senate,
and. most earnestly. by the public.
The justification for that abandonment
has never been clear. The modifica-
ton OF the fourth amendment appears
on its face 70 be entirely equitable
A modification Of the nth in some
form seems TO have been necessary To
clear up the point as TO whether we
were seeking only such rights as would
be enjoyed by nations represented on
the Council OF the League should It
be decided that requests for the Courts
advisory opinion must be unanimously
made by that body. or whether we
were seeking a special and indefensible
right To prevent any advisory opinion
on any subject whatsoever by the mere
| claim Of an interest In the dispute or
question being dealt with.
Just what Is behind Senator Gillett's
| resolution--for he Is one Of the ad
! ministration spokesmen and member
Of the Senate foreign relations commit
| tee-~is problematic. But It Is most
| earnestly 10 be hoped that the posi-.
biiity Of some alteration in dead
lock In which our position has never
been clearly justified 10 the public II
! foreseen by hirn--&nd that an equita-
bic solution Of such conflicting viewpoints
! as may exist may be forthcoming, h
| the end that our full adherence 10 one
of the great Instruments for interna-
| tionsl good will be- achieved
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! The idea Of getting back on his old
/ mail route. where he can eat sand