Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-09-20
Rate by MaiI-Payab BILE i'm Advance.
na-----l---L L-..---a...a
All Otber States and Canada.
The World Court Delay.

It is a long, long trail into the World
Court for the United States. When the
American Senate rejected the Treaty
of Versailles and the League of
Nations Covenant Immediately after the
World War, the United States failed
to become member of the interna-
tional tribunal provided for by the
treaty. But. having remained outside
of the League of Nations, there was
still a strong sentiment in this country
for adherence to a permanent inter-
national court for the adjudication OF
disputes between the nations without
recourse to war. The late President
Harding came forward as champion
OF adherence to the court, which has
populsrly been termed the World Court.
He urged the Senate to ratify protocol
of adherence. Following the death OF
President Harding, his successor, Presi-
dent Coolidge, took the matter up and
eventually the protocol was ratified by
the Senate with reservations. That was
back in 1926, four years ago.
The reservations adopted by the SEN
ate, which were aimed particularly at the
issuance by the court of advisory opin-
ions requested by the League of Nations,
or members thereof, became a STUN
bling block in the way Of final adher-
ence TO the court by this country. Sew
eral Of the member nations Of the court
objected to the reservations, alleging
that they gave to the United States
certain powers which were not held by
other members of the court. An i'm
passe, apparently, had been reached.
In order to remove the obstacles in
The way of American adherence to the
court, there was inserted in proposed
revision Of the statutes Of the World
Court the so-called Root formula. This
formula was designed at once to cover
the desires Of the United States Senate
contained in its reservations. and also
to remove the objections Of the mem
Der nations to the reservations, by
making the reservations unnecessary.
Elihu Root was member OF a commit
tee of famous turists which drew up the
TeVlSlOu Oh IlAE GbeabubIo Va SAAS W0ANN
Court. The protocol providing for the
acceptance Of the revision of the stat
utes, was signed by representatives OF
the United States Government along
with other nations. President Hoover,
through his Secretary of State, Mr..
stinson, expressed the approval Of the
administration for the entry Of the
United States into the court provided
the revised statutes be accepted. The
President has been prepared to send
the protocol to the Senate for its ap-
proval at the opportune time.
And now Cuba, it appears, has OBJ
5ected to the adoption Of the revised
statutes for the court. Her objection
is sufficient TO prevent adoption, unless
Il shall be withdrawn. Efforts are now
under way at Geneva to straighten
out this matter 1t is even suggested
that acceptance of the revised statutes
be permitted at any time within the
next nine years The objections Of the
Cuban government do not run, it is
said to the Root formula, designed TO
permit adherence of the United States,
but to provisions in the revised statutes
which would compel the judges Of the
court to reside in Geneva and TO be-
come "full-time" judges, and to an
increase in the number of the judges.
Cuba at present is represented on the
court by a distinguished jurist, DR.. A.
s. Bustamente. 1t is understood that
this Judge has a lucrative law practice
in Havana and objects to giving 1t up
Cuba contends that the inclusion in
the court statutes of the provision COM
polling residence Of all the judges IN
Geneva would prevent the appointment
of some Of the most distinguished and
able jurists from countries outside OF
Europe.
The Senate Of the United States has
been preparing for another struggle
over adherence TO the World Court
Senator Swanson of Virginia, author OF
the reservations adopted in 1925, when
the Senate adopted protocol OF ad-
herence. has declared himself satisfied
with the Root formula in the revised
statutes Of the court 1t has appeared
that more than sufficient number OF
Senators would vote for the new pro-
tocol when it was submitted, although
the old irreconcilables have made plans
70 resist it vigorously. The action Of
Cuba in Geneva now may give them
respite. Certainly it is not likely to
speed the United States to adherence
20 the World Court. The situation is
one that will be regretted by many
Americans.
II is responsibly stated that President