The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-12-09
Senate Approval Now Is
Only Obstacle in Way
of Membership.
CREDITS ROOT FORMULA
Conditions Make ESpouSaI
of U. S. Essential, Says
State Secretary.
BY LYLE c. WILSON
United Press staff Correspondent


WASHINGTON, Dec. 9.-Secre-
tary Of State Stimson today urged
American adherence to the world
court as Charge D'Affaires Jay
Pierrepont Moffat in Switzerland
obeyed orders by signing documents
which require only senate approval
for this country to become a court
member.
Stimson claimed for President
Roosevelt and his secretary of state,
Elihu Root, credit for originating
the world court concept in its pres
ent form. He pronounced the SEN
ate's objections to adherence to have
been met and pleaded that the KEEL
logg anti-war pact had changed
world conditions so as to make
American membership essential.
In his plea for the court, which
will become the text book of de-
bate If the senate proves recalci-
trant, Stimson limited President
Hoover's belief the next step in
guaranteeing peace in the world is
to obtain international agreement
upon a code of international law
The United States, he has informed
Mr.. Hoover, now may safely adhere
to the world court, or as it more
properly is called, the permanent
court of international justice.
Not Mere Appendage
The secretary forcefulIy chaI-
lenged suggestions the court is a
mere appen0age of the League of
Nations. The court owes it's exist
ence, he said, to the independent
authority of states signatory to it
and it did not become effective by
action of the league but by action
Of those states. After signature of
the documents in Switzerland, the
court question is ready at any time
for submission to the senate, the
United Press was informed at the
state department.
The state department today made
public an exchange of letters in
which Mr.. Hoover authorized Moi
fat to sign in Switzerland and in
which StimSon submitted a lengthy
brief In support of this order. Slim
son reviewed the history of the court
idea and analysed the action of the
senate in making reservations to
American adherence. OF the five
senate reservations, Stimson said,
only one, the fifth, was objected to
by court members. This reservation
is as follows:
Opinions Limited
That the court shall not render
any advisory opinion except publicly
after one notice to all states adj
herring to the court and to all in
tereSted states and after public
hearing or opportunity for hearing
given to any state concerned; nor
shall 1t without the consent of the
United States entertain any request
for an advisory opinion touching
any dispute or question in which the
United States has or claims an in
terest."
It was to meet the situation
created by court members refusal to
accept this reservation that Mr..
Hoover before his Inauguration
asked President Coolidge to re-
open the subject. Elihu Root then
went to Geneva as member of a
commission Of juriSts authorized to
amend the court statutes. His in
structions from Mr.. Hoover were
to obtain a substitute for the
senate'S reservations to American
adherence. The result was the Root
formula.
In applying this formula to
reservation No. 5, StimSon divided
the reservation into three parts.
/. No advisory opinion shall be
rendered except publicly and after
due notice.
Procedure Guaranteed
StimSon said the court statutes
will guarantee that procedure.
2. No advisory opinion shall be
made without consent of the
United States in any dispute in
which this country has an inter-
est.
Stimson pointed to the amendment
to the court statutes which will
compel the court to refuse to con-
slider a case in which one of the
interested parties refuses to consent
to consideration and he said this
amounted to the right of veto in this
category.
3. No advisory opinion shall be
made without consent of the United
States in any matter in which the
United States claims an interest.
Stimson said the scope of this
, part of the reservation was ex-
tremely narrow and need for its ap-
plication probably never would arise.
But if it did arise and the United
States was unwilling TO forego OBJ
lection and could not prove more
than a claim to an interest in the
matter in hand, this country could
resign from the court without
''imputation of unfriendliness or I'M
willingness to cooperate generally
for peace and good will"
Thus Stimson disposed of the
fifth senate reservation and pro-
nounced all the senate's objections
=.