Evening star., 1928-12-02
BY w. C. MURPHY, JR.

When President Coolidge revived the
question II American participation IN
the World Court recently he started
an informal discussion in official circles
which has brought out the fact that
the substantial obstacle in the way OF
such participation is an absence OF a
clear cut delimitation Of the powers
of the council of the League OF Nations.
Furthermore, 1t is disclosed In the
talk here at this week end that the
great world powers which dominate the
league have. so far, avoided any at
tempt to remove this ambiguity. It is
assumed that their attitude soon viii
be cleared up through new obligations
which the President Is expected to In
itiate, II, indeed, steps have not been
taken already in that direction.
Chief Question Involved.
The question which, it is believed,
Is the crux Of the situation may be
stated as follows:
us an unanimous vote required in
the Council of the League to ask the
court to render an advisory oplnion?'
The answer to that question, II 1t
should be answered. will determine
whether acceptance Of the Senate reser-
vations to the resolution authorizing
American participation in the court
would give the United States an undue
advantage over other powers.
OF the five reservations attached by
the Senate to the resolution which
authorized the President to commit
the United States to adherence to the
Court. the fifth is believed to be re-
sponsible for the failure OF any OF the
great powers to accept the conditions
laid down by the United States. This
is the reservation which provides that
the Court shall not without the con-
sent of the United States, entertain
any request for an advisory opinion
touching any dispute or question in
which the United States has or claims
interest"
Believed to Give u. S. Power.
This led to the argument that 1t pro-
posed to give to the United States the
power, in practice, to prevent the Court
from rendering any advisory opinions
at all because the United States might
claim" an interest in almost any con-
ceiyable question. In answer 1t has
been contended that every nation repre-
sented on the Council OF the League
already has the power to prevent a
request for an advisory opinion and,
therefore, no peculiar advantage would
be given the United States. Such
opinions are rendered in response to
requests made by the council The
covenant of the League provides that
all actions of the council shall be taken
by unanimous vote except on questions
OF procedure. Hence, unless request
iVaiA ic Nla q c a
question of procedure, any one OF the
powers represented on the council
and all Of the great powers have perma-
nent seats except the United States
Is in a position to prevent request
for an advisory opinion being made.
The whole subject thus SINNERS down
to the question of whether or not a
request for an advisory opinion is a
matter Of procedure.
No General Attention Given.
The Importance Of decision on this
question was appreciated during the last
session of Congress, although 1t did not
receive general attention at that time.
Senator Gillett of Massachusetts, intro
duced resolution to request the Presi-
dent to reopen negotiations with other
nations with a view to obtaining their
acceptance of the Senate reservations.
While this resolution was under con-
sideration by the committee on foreign
relations an amendment was suggested
and informally adopted to ask that the
President communicate with nations
holding seats on the League council
and seek to have the Council ask the
court itself for an advisory opinion as
to whether a unanimous vote is required
In such cases. The Gillett resolution
was then tabled by the committee with
the understanding that 1t would be
taken up at the first meeting during the
forthcoming session.
In the speculation which has been
aroused by the movement to reopen
the World Court question, 1t has been
suggested that the President may fol-
low the course outlined in the amend
ment just discussed Such a course, 1t
Is pointed out, would give definiteneSs
to the communications which the execu-
tive branch of the Government must
send to foreign nations. 1t would re-
move such communications from the
category Of mere follow up letters"
asking for a decision on a question al
ready submitted to the other powers
when the Senate resolution was adopted
IN January, 1925.
Lack of Enthusiasm.
However, there has been some COM
nent on the fact that while every
one of the Ia advisory opinions so far
requested by the council have been
backed by an unanimous vote in that
body, the great powers have, quite re-
Gently indicated that they are not
enthusiastic about judicial determin-
alton Of the requirement Of unanimity.
During the last meeting of the Assembly
OF the League Switzerland proposed
resolution to ask the council to call
for an advisory opinion on that sub
ject. The larger nations emasculated
this resolution in the assembly so that
in the form In which it finally passed
it merely suggested that the council
seek determination of the question
at some time In the councils discre-
ton.
! AS q possible explanation Of the atti-
iAlAe of the great noWerS it has been