Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-03-17
TEXAS DAILY PRESS LEAGUE


The submission this week to the foreign relations
COMMITTEES Of the senate the Gillett resolution asking
President Coolidge to renew negotiations with the
signers Of the League protocol. with a view Of COM
posing the differences existing between League men,
bers and this country over the fifth reservation aP-
pended by the senate when it voted adherence to the
court in 1928, has aroused considerable interest in
Washington as to whether the world court will again
be injected as an issue in q presidential campaign.
The decision Of the committee to discuss the reso-
luton gave the friends Of the measure new heart They
are more hopeful that it would be reported and ulSi-
mately adopted by the senate, and supporters Of the
resolution believe that resumption Of negotiations
would end in the European powers accepting the fits
reservation, which would mean that the United States
would join the court.
The real object Of the Giilett resolution is t. asceT-
tain the senate's definite view upon tie fifth IesesvA-
ton. which some Of the League signatories believe to
be cloudy in language end which constituted the STUN
bling block in the way Of American membership in the
court. The fifth reservation stipulates that: THE
court shall not, without consent Of the United States,
entertain any request for an advisory opinion touch
ing any dispute or question in which the United States
has claim or interest"
This reservation was framed because, under the
courts organization, there is a provision allowing the
League Of Nations to ask the court for an advisory
opinion upon any question or dispute it chooses A.
the United States is not a member OF the league and
30 could have no voice in deciding whether an advisory
opinion should be requested, and because the court
would have no jurisdiction over any dispute not volua-
tarily referred to it b. this country. the senate did not
wish the court to be able to take such jurisdiction
through an advisory opinion.
The league members attached to their acceptance
or the fifth reservation q condition that IL the situa-
tion created by its acceptance proved unsatisfactory il
could be withdrawn at any time by a ~two-thirds vote
OF the League signatories. However. they offered an
opportunity to the United States to enter the court on
perfect equality with League members, pending a de-
cision regarding the unanimous vote, and also suggest
ed such further exchange Of views as the government
of the United States might think necessary"
The "bitter-enders' Of the foreign relations COM
mittee have no objection 70 the senate's consideration
Of the Gillett resolution. They are convinced. they say,
that the senate will not approve the resolution, for the
reason that it would authorize the secretary Of state TO
ccnstrue the senate's meaning Of the fifth reservation,
which they maintain is SO clear az to require no eluci-
dation. To permit Secretary Kellogg to read a meaning
into the reservation, they say. would be giving him un-
warranted authority.
Public opinion is in favor Of the fifth reservation,
and Il is believed that the American people would well
come entrance to the world court if that reservation
could be accepted by the other members. Further
negotiations may result in a satisfactory solution OF
the matter, and IL there is even a remote possibility
that this can be done. the senate should endeavor to
reopen negotiations at the earliest possible date.