Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-04
The Root Formula.

line hOOL EOTWuId.
The "Root formula" the purpose OF
which is to make possible, under the
circumstances which have arisen, for
the entry of the United States into the
World Court, has the approval Of Sem
ator Swanson of Virginia, author Of
the reservations adopted by the Senate
three years ago. One Of those reserva-
tions has been the stumbling block
which has so far prevented the United
States from becoming a member Of the
court.
Senator Swanson, who is the ranking
Democratic member of the Senate for
eign relations committee, speaking last
night in the National Radio Forum
under the auspices of The Star. pointed
out that the Root formula safeguards
every. interest of the United States
which the Senate reservations seek to
guard. This is strong testimony from
the man who presented the reservations
which were adopted by the Senate. The
Secretary of State, Mr.. Stimson, has
already formally stated that this formula,
If ratified by other signatory powers,
would meet the objections raised by the
Senate and fully protect the United
States. In this statement, unquestion-
ably the Secretary Of State was speak
ing with the authority of the President.
1t appears beyond question that sooner
or later the Senate will be asked to
approve the entry of the United States
into the World Court on the basis of
the Root formula.
The Root formula was drafted by
Elihu Root, former Secretary of State,
meeting with other members of the
committee Of jurists which sat in
! Geneva last Spring to rewrite the
statutes of the World Court, with such
| amendments as they deemed advisable.
The formula has been put into the form
of draft protocol which must be rati-
| fed by the member nations and by the
United States. The assent of the for
eign nations already is assured. That of
the United States doubtless will be
vigorously recommended by the Presi-
dent when the opportune time comes
to submit the matter to the Senate.
Senator Swanson in his address
showed clearly and conclusively that
the fifth reservation adopted by the
Senate, providing that the court shall
render no advisory opinions in which
the United States has or claims to have
an interest, without the consent of this
country, is taken care Of in the Root
formula, which at the same time does
away with the objection to the fifth
reservation on the part of member ma
tions of the court. The Root formula
provides for full notification of the
United States Of any request made to
the court for an advisory opinion; 1t
provides full opportunity for the United
States to assert a claim of interest in
the case and to present its arguments
regarding that claim, and to decline to
assent to the adoption Of the advisory
opinion. Finally, the Root formula pro-
vides that if after these exchanges of
views no agreement is reached and the
United States is not prepared to forego
its objection, "then the United States
may withdraw without any imputation
of unfriendliness or unwillingness to CO.
operate generally for peace and good
will"
"Thus," said Senator Swanson, under
the Root formula the court can render
no advisory opinion without the consent
of the United States and require the
United States to continue member of
the court Under the Root formula the
United States Is given the option Of
making reservation five Of the Senate
resolution operative or else promptly
withdrawing its adherence to the
court"
Senator Swanson insisted that no
detriment can accrue to the United
States by adhering to the court, under
the formula now presented. After pay
ing tribute to the worthinesS Of the
court as a factor for peace, he called
attention to the necessity for such O
tribunal if the Kellogg treaty, renounc-
ing war as an instrument for settling
international disputes. is to be lived up
to by the nations of the world which
have ratified that treaty.