Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-04
SWANSON UPHOLDS
ROOT COURT PLAN
Adherence of U. S. Declared
a Necessity by Senator in
Radio Forum.

The ROOT formula" looking TO nnal
adherence of the United States to the
World Court, will amply safeguard the
interests of the United States, Senator
Swanson of Virginia declared in an adj
dress last night in the National Radio
Forum, arranged by The Star and
sponsored by the Columbia Broadcast
ing System.
Senator Swanson is the author of the
Senate reservation adopted three years
ago when the Senate put through the
resolution providing for entry of this
country to the World Court. He is also
the ranking Democratic member of the
foreign relations committee. One of the
Senate reservations, No. 5, dealing with
advisory opinions rendered by the court,
has been opposed by member nations.
Drafted at Geneva.
The Root formula was drafted last
Spring at Geneva by Eiihu Root and
other members of a committee of jurists
engaged in rewriting and amending the
statutes of the World Court. Its de-
sign was to protect all interests of this
country and at the same time wipe
away the opposition of the member ma
tions to reservation S. Senator Swan
son insisted that the formula accom-
pliShed both these desired results. AL
ready it has been indicated abroad that
Root formula. 1t Is expected that
President Hoover will urge the Senate
to accept 1t when an opportune time
arrives.
Courts Work Praised.
The work of the World Court in the
past was praised highly by the Virginia
Senator, who pointed out that If the
, Kellogg treaty renouncing war is to
live and be effective, such tribunal Is
absolutely essential.
The Senate reservation number five
provides that the World Court shall
render no advisory opinion in any case
in which the United States has or
claims to have an interest, without first
obtaining the consent OF the United
States. The Root formula, Senator
Swanson pointed out, provides for full
notification of this country, for ex-
changes of views, and finally for the
withdrawal of the United States from
membership in the court, if no agree
ment can be reached regarding an adj
visory opinion.
mo detriment can possibly accrue to
the United States by adhering to the
court under the Root formula" said
Senator Swanson. He added he did
not believe that IAN advisory opinion
will ever be rendered by the court
under the Root formula"
Text of Address.
Senator Swansons address in full
follows:
In response to many requests have
consented to discuss tonight the So
called Root formula providing for the
adherence of the United States to the
protocol of the statute of the World
Court. I was the author of the reso-
luton which passed the Senate in 1926
which provided for the adherence of
the United States to the World Court
upon certain conditions and reserva-
tons. This resolution, including the
reservations, was very fully debated in
the Senate and finally approved by
vote of 76 to II. shall discuss these
reservations and present wherein the
Root formula differs.
The statute Of the World Court pro-
VideS for compulsory jurisdiction in
certain specified disputes. which juris-
diction can be accepted by states when
adhering to the statute. Many states
have accepted compulsory jurisdiction.
Compulsory jurisdiction, when accepted
by state, enables the court to sum-
mons that state to answer a complaint
by another state. When a state adj
heres to the statute of the court it may
do so by only giving the court volun-
tary jurisdiction which prohibits the
court from summoning that nation be-
fore the court, and 1t can only have
jurisdiction in such matters as the
state consents for the court to hear
Voluntary Jurisdiction.
The Senate of the United States, when
It passed the resolution of adherence,
accepted only voluntary jurisdiction
which limits the court to hearing and
determining only such matters as the
United States may agree shall be re-
ferred to the court. This voluntary
jurisdiction is not in the least modi-
fled by the Root formula-under it the
court would have jurisdiction only of
such matters as the United States
should consent to have brought be-
fore it.
The resolution passed by the Senate
of the United States also provides that
recourse to the court for the settlement
of differences between the United States
and any other state or states can only
be had by agreement thereto through
general or special treaties concluded be-
tween the parties in dispute. This is
similar to the provision contained IN
the resolution of adherence to the
convention establishing the Court OF
Arbitration at the Hague in 1907. The
Root formula continues this provision
without any modification whatsoever.
Thus under the Root formula, as under
the original resolution, all cases that
go to the World Court in which the
United States is interested must be by
general or special treaty made by the
President by and with the advice and
consent of the Senate, and the consent
of the Senate when given to either a
general or special treaty must be by
two-thirds vote of those present and
voting. Every right and interest OF the
United States is fully and completely
protected as required by the Federal
Constitution.
Doubts Relieved.
The next reservation to be considered
is the one declaring that adherence to
the World Court shall not be taken to
involve any legal relation on the part
of the United States with the League
of Nations or assumption of any obli-
cations by the United States under the
JIzs- Ls~~-