The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-09-10
KEEPING UP
With
THE NE WIS
Bv LUDWELL DENNY

OC4ACA u4ANC. W pun Viz AANA
States into the world court will re-
suit from the League OF Nations
election of Charles Evans Hughes
as a justice of that court
Pro-court forces will be mar
shaled during the next three
months, preparatory to throwing
the fight into the Senate again
when Congress meets.
The fact that the league council
vote for Hughes was unanimous
and that the assembly gave him Al !,
of 48 votes to fill the uneXpired term
of another American, John Bassett
Moore, will be pictured a coop
erative gesture by Europe toward
the United States which should be
reciprocated.
League members at Geneva, in
voting last Saturday for Hughes,
quite frankly expressed the hope
that his election would hasten Off
cial United States adherence to the
court.
Court advocates in the Senate,
led by Gillett, Republican, Massa-
chusetts, and Swanson, Democrat,
Virginia, will argue:
First, the majority of the Amer
lean people and of the Senate de-
sire American adherence to the
court, but that desire is being
thwarted through the United States
Governments unwillingness or in
baility to accept the invitation of
court members to negotiate regard
ing the disputed Senate reservation
No. 5.
Second. American membership in
the court is necessary to round out
and give practical application to
this - Governments leadership in
world peace movements, as exem-
plified BY the Kellogg multilatersl
treaty renoIncing war as an III
strument of national policy.
Three, if sincerely DESTROYS Of
joining the court, the United States
can do so without sacrificing any
legitimate American interests, as
witness the acceptance by the other
nations of the first four American
reservations and their keen desire
to work out a compromise on the
fifth.
A significant point in the situa-
ton is that Hughes, while Secretary
of State, drafted the first four SEN
ate reservations, which the other
court nations now accept, but John
Bassett Moore, it is understood, was
responsible for he fifth reservation.
! h ESERVATION No. would pre-
IN vent the court from giving adj
visory opinions on any question in
which the United States has or
claims to have an interest, unless
the United States consented to
court consideration Of the question.
This of course, would give the Unit
ed States a virtual power of veto
over all activities of the court.
BY including in the Senate reser-
walton the phrase "or claims an in
terest." the ground is prepared for
absolutely limitless interference or
objection by the United States in
any and all such international ques-
tions which may arise at any time
and anywhere.
The only court members which -
accepted this sweeping American
reservation were: Albania, Cuba,
Greece, Liberia and Luxembourg
all of them governments either very
closely allied with State department
policy or so small that their influ-
ence is almost nil
Ten governments only acknow-
lodged receipt of the American res
ervations without either accepting
or rejecting them. Twenty-three
governments replied with objections
and counter reservations.
TIC break this deadlock, the Euro
pean nations invited the United
States to send representatives to a
special conference to discuss and
find common ground on the fifth
American reservation.
But President Coolidge and Sec
rotary Kellogg replied that the
American executives had no author
ity under the Constitution to inter-
pref, much less modify, reservations
lOIiu4ldGeQ Dy UQ6 senate.
There the matter rested until last
spring, when Senator Gillett and
others tried to bring the subject
back to the Senate floor.
n
CENATOR BORAH, an original
~ opponent of American adher-
ence, speaking as chairman of the
Foreign Relations Committee, is I'M
willing to block Senate reconsider
alton, but he says there are no men,
bers of his committee and perhaps
none or, at least, only a few mem
bers of the Senate ready to modify
the fifth reservation.
In this connection it is interestinc
that Senator Moses, who many be-
lieve may be Secretary Of State II
Hoover is elected, opposed Senate
reconsideration last spring, because
he was mot in favor of counting a
second rebuff" y
While lines are forming in the
United States to attempt to break
the deadlock, there are also new at
tempts for his purpose in Geneva.
A resolution is before the assem-
bly,, introduced by Motta of Swift
erland, by which the league would
ask the court whether under the
league covenant a request for q
court advisory opinion can come
from a majority action of the coun-
Gil or must be unanimous.
If it is established that any one
council member can prevent a court
advisory opinion, then every council
member will have the same complete
veto power requested by the United
States in reservation FIVE.