Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-09-06
ROOT COURT Plan
FACES REAL FIGHT
Formula, Indorsed by Admin
istration, Designed to Sat.
iSfy Senate's Reservations.
BY G. GOULD LINCOLN.

BY G. GOULD LINCOLN.
The Root-Hurst formula, relating to
advisory opinions by the World Court,
which yesterday received the indorse-
ment Of the administration, still faces
real fight In the Senate, before it is
accepted there and the United States
becomes q member of the court.
The Root-Hurst formula is contained
in the revised statutes of the World
Court and is designed to satisfy the
reservation Of the United States Senate
regarding advisory opinions by the court
and also the objection to that reServa-
ton by member nations Of the court.
President Hoover and his Secretary
Of State, Mr.. Stimson, have determined,
apparently, that the Root-Hurst for
mula does fully cover the point laid
down In the Senate reservation. which
asserts that the World Court shall not
give an advisory opinion in any queS-
ton in which the United States has or
claims to have an interest without first
obtaining the consent of this country.
The administration is expected to
back the proposal that the United
States become a member Of the court,
after the revised statutes, including the
Root-Hurst formula, shall have been
agreed to by the member nations of
the court. The League of Nations As
sembly is expected to ratify them next
week.
States Must Accept Formula.
President Hoover, however. is under
stood to take the position that not only
shall the League of Nations Assembly
accept the Root Hurst formula regard
ing advisory opinions by the court, but
each OF the member nations OF the
court shall individually go through the
necessary steps for ratification before
he will ask the Senate to act upon the
matter. Whether such action can be
had in time for submission OF the World
Court proposal to the Senate during
the coming regular session of Congress
or will have to 60 over until year
from December is problematicaL
when more than three and Q half
years ago the Senate agreed to adher-
ence to the World Court, with its now
celebrated reservations, opponents Of
adherence, including most Of the old
irreconcilableS who fought American
entry into the League Of Nations, In
sisted that the World Court was in
reality the League Court and that the
United States had no business going
into 1t. That was the position of
Senator Borah, chairman Of the for
eign relations committee: Senator Moses
of New Hampshire, Senator Hiram
johnson of California and others.
Eventually the resolution Of adherence
was adopted by more than two-thirdS
of the Senate, but with reservations.
Senators Dissruntled.
Republican Senators who supported
the resolution Of adherence argued that
the World Court was not mere ad-
junct Of the League of Nations, but
actually q world tribunal. Some Of
them have been disgruntled over the
manner in which the reservations of
the United States were handled. In
stead of having them considered by
the League Of Nations Council, as they
were when first adopted, these Re-
publican Senators believe they should
have been submitted to the member
nations Of the court direct for their
ratification.
One Of these Republican Senators, a
member Of the foreign relations COM
mittee and favorable to adherence of
the United States to the World Court,
pointed out today that the manner in
which the reservations Of the United
States had been handled abroad gave
color to the charge that the court is
after all the League Court. For that
reason, he said, he would have to be
convinced that the Root formula really
did cover all the points contained in
the Senate reservation regarding the
granting Of advisory opinions by the
court.
Submit Revised Statutes.
The Root formula, as 1t relates to ad.
visory opinions now contained In the
revised statutes of the court submitted
for the approval Of the League Assem-
bly,, is as follows:
Article 5.--With view to insuring
that the court shall not, 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 interest, the secretary general of the
League OF Nations shall. through any
channel designated for that purpose by
the United States, inform the United
States Of any proposal before the coun-
Gil or assembly Of the League for OBJ
tanning an advisory opinion from the
court, and thereupon, If desired, an ex-
change Of views shall proceed with all
convenient speed between the council or
the assembly Of the League and the
United States.
Whenever q request for an advisory
opinion comes to the court the registrar
Continued on Page 2, Column -