The Carbon County news. [volume] (Red Lodge, Mont.) 1924-1931, 1931-01-01

/
in the early part of 1929 this great
country of ours, having taken its
definite position, and having con
stantly maintained that position
until then, went, cap in hand, to
Geneva to beg a reconsideration of
the position taken by the Senate
and coneurred in, apparently, by
the President of the United States.
1t was the fifth reservation, con-
corning advisory opinions around
which the controversy ragged, and
repeat that this fifth reservation
was prepared by those who favored
the adherence of this country to
the court, in collaboration with at
least one great international jurist,
intimately connected with the court
itself. What caused the sudden
shifting in position announced by
President Coolidge in November,
1926, to the predatory attitude of
February and March, 1929, is yet
an unsolved mystery. Mr.. Root,
during the latter period, took to
Europe the Senate reservation and
he brought back something entirely
different, and it is this entirely
different thing we are now asked
to accept. 1t is difficult to explain
to the lay mind the mischief of the
so-ealled advisory opinions of the
court. 1t may suffice to describe
these advisory opinions as opinions
rendered by the court at the re-
quest of the League of Nations w.
on matters of controversies deem
ed pertinent or appropriate by the
League. Lawyers have often des-
cribed the court as functioning, not
only as a quasi-court by deciding
cases brought to it by peoples in
terested, but also as political arm
of the League, rendering to the
League. at its demand, advisory
opinions, and until now there has
been substantial unanimity against
the United States, without our con-
sent, being in any wise a part OF
them.
Compared to SPIDERS Web
The Senate in plain unequivocal
language, stated that the League
of Nations Court could not enter
tain even a request of an advisory
opinion in which our country has
or claims an interest without the
consent of the United States. When
Mr.. Root, with Cecil Hurst of Eng
land, had finished with the Senate
reservation they agreed, and the
President accepts their agreement,
that the United States would join
the court, and thereafter, if advis-
DRY opinions were sought in which
the United States claimed an in
terest, protest might be file'l,
which, if unavaifing and still per-
sisted in, might entitle the United
States to withdraw from the court
without any imputation of un.
friendliness or unwillingess to CO.
operate generally for peace or good
will"
If advisory opinions are as vi
cious as they have been represented
to be by practically all jurists, and
particularly by friends of the
court; if the United States in 1926
could not safely join the court I'M
less in advance it were agreed that
no request for an advisory opinion
in which the United States has OF
claims an interest could be enter
tanned; if the Senate and President
Coolidge were right in our former
decision, the present suggested
solution is disingenuous, and is no
solution at all. The argument thai
is now iterated and reiterated, that
the United States after joining
could withdraw if a controversy
arose concerning advisory opin-
ions, is the European diplomatic
invitation of the spider to the fly
| Once we're in this court, any en-
deavor to withdraw-and who
would make it or how it would be
made, no one knows-would be met
with such a storm of protest all
over the world, and particularly
from our own internationalist or
CARNATIONS, which are constantly
seeking to take us into Europe
that withdrawal would be utterly
impossible. If we attempted tt
withdraw, the same international
lists and the same internationalis
press that so loudly proclaim they
express the sentiment of the coun
try, would, with the same propa
ganda now showered on us, pre-
vent our withdrawal. But beyont
this, for one who believes in Am
! erica, proud of her long record O
+ international fair dealing and goot
, faith, determined to maintain {
) world position of candor and amt.
and justice, to forego what w,
know safeguards us, and accept in
stead humiliating permission t,
! run, is so repellant as to be un
thinkable.
Substitute Reservation Ambiguous
: Remember, that the important
} and perhaps the most important
/ act of the court is the rendition o.
; advisory opinions. Remember, too
| that they form part of the League
, quest of the League of Nations, ant
tina THEY form part Of the League