Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-11-24
BY WILLIAM HARD.

All unknown to the general public, an
entirely new aSpect-it was disclosed
here last week.-Mrs. been given to the
question of the entrance of the United
States into the Permanent Court OF IN
ternational Justice, the so-called World
Court"
Senator Borah's close friend and
fellow worker, Mr.. S. o. Levinson OF
Chicago. the originator Of the out
lawry-of- idea which developed
into the Kellogg BRAND peace pact, has
secured from the League of Nations. 1t
Is learned, a considerable apparent
modification of the League policy re-
garding advisory opinions" The tale
Of the accomplishment of this feat by
Mr.. Levinson is one Of the most re-
markable as well as one Of the Oldest,
episodes in the history of diplomacy by
amateurs.
Mr.. Levinson went over to Europe en-
tirely on his own initiative and response
bility, though with the knowledge and
without the disapproval Of the State
Department, and, after negotiations at
London and at The Hague and at
Geneva, persuaded the jurists Of the
the Assembly of the League to adopt a
new article in the World Court con-
stitution whereby, in Mr.. Levinson's
opinion and in the opinion Of the. State
Department. very large part OF Sem
ator Borah's main argument against the
court has been met and answered In
Senator Borah's favor.
X X r
There is not the slightest. doubt that
the main motive of the League in max
ing the change in question was to pla-
cate Senator Borah and to accommo-
date itself to his wishes. 1t is a novelty
I'D S,a tyaNA hot
great international document should be
modified in order to satisfy legislator
who is not in diplomatic life at all and
that the modification for this purpose
accomplished should have been brought
to pass by a gentleman who is not in
public life Of any sort.
The new article in the World Court
constitution is in turistic technical Ian
guage which Is not any too easy to
main bone Of contention among SeI1a-
torial debaters just as soon as the pro-
tocol of signature of the World Court is
sent to the Senate for it's consideration.
The wording Of the article is as follows:
Article So. In the exercise of It's
advisory functions the court shall fur
ther be guided by the provisions of the
statute which apply in contentious
cases, to the extent to which it recog-
nizes them to be applicable"
It will be noted that this article re-
lates entirely to the topic of the courts
so-called advisory opinions" These
opinions are rendered to the Council or
to the Assembly of the League upon the
request of either of those two bodies.
The power Of duty of the court in this
respect has been the chief obstacle to
reservation No. 5, attached to our
senatorial acceptance of the court on
January 81, 1925, was dedicated wholly
to defining our American attitude to-
ward advisory opinions" and their
methods and consequences. Senator
Borah's speeches against the court at
that time were centered upon advisory
opinions" and his objections to them.
the change now made, as understood
by Mr.. Levinson and by the State De-
partment, can be put as follows:
X x X
Whereas formerly there was always
danger that the Council or Assembly
of the League might request from the
court, and might get from 1t, an lad
viSory opinion" regarding a dispute be-
tween two or more nations without the
| consent of the nations concerned, 1t is
now determined that in advisory opin-
| ion' cases, just as in ordinary CON
tentious" cases, the content of each
AldGlOIl IIluSG NC ccCQIEU anu argument
by each nation must be heard before
the opinion can be delivered.
In our reservation No. we sought
to secure this privilege and this de-
Tense for ourselves. BY the new arti-
Gle So in the courts constitution, or
statute" this privilege and this de-
tense are secured, as Mr.. Levinson be-
lteveS and as the State Department also
believes, for all the nations of the world
as well as for ourselves. In other words,
II this view is correct, the American
position regarding advisory opinions"
has been universalized and, so to speak,
the functions of the court have been
"AmericaniZed" and the whole subject
| of advisory opinions" has been erased
from further controversy.
On the other hand, it is not at all
known whether or not Senator Borah
accepts this view. His general state OF
| mind on the subject was last expressed
in an interview which he gave to the
press on March 20 last. In this inter-
view he said:
"It Is the courts advisory jurisdiction
which makes the trouble. If the court
simply exercised judicial functions and
arbitral functions, there would be no
hesitancy about joining it and there
would be no need for reservations. Or
| II this advisory Jurisdiction were to be
exercised only upon request OF the
parties concerned, it would not be so
Objectionable"
It is possible accordingly, that Sena-
| tor Borah, who has been the main
champion of the opposition to the court
may continue to oppose it on the ground
that the advisory functions of the court
will continue to be exercised, and also
possibly, even on the ground that the
new article So does not, in fact, bring
not be rendered except upon consent
and upon appearance Of the nations
concerned and interested.
On either ground. Senator Borah