Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-09-14

The World Court decision that the
participation of Austria in a customs
union with Germany was barred by eX-
iStirg agreements. although it came
after both nations had abandoned the
plan. is held by some to have political
motives. As the matter had been de-
cided out of court the judicial action
is called academic, but it is debated as
representing a phase of world politics
1T must be admitted" thinks the
New York Times. that this almost
equal division CT the Court, when asked
to interpret treaty. does not heighten
its prestige Apparently political ques-
tiors. although the World Court speci-
fically renounces any right or intention
TO deal with them, got mixed up with
the legal questions. Some Of the judges
seem to have given as much weight to
public consequences as they did to legal
arguments"
The court. from its very origin" ac-
cording to the New York Sun. must
always be at heart political Putting
on the ermine cannot take away a
mans nationalism. 1t had been ex-
cially in their early cases, would make
a great effor to throw off the influences
of blood and regionalism. So the lesson
is all the more striking" The Sun
asks: If politics is permitted TO sway
the deliberations of a court, If the
Judges are moved by national interest,
what trust could the United States put
in a tribunal thus affected"
This sort of thing" declares the
Baltimore Sun, is not in accord with
our ideas of judicial impartialiFy. 1t
may be said in extenuation that the
court is still in its formative stages and
&c oil - no hiOhlU
controversial issues in a field in which
there are few judicial presidents. Our
own highly successful Supreme Court
has not been lacking in such instances
of partially as this, but they have be-
come more and more rare as the court
has built up its own precedentS and i'm
proved its own procedure. The World
Court may be expected to experience a
similar improvement. but it is as we'll
to recognize the present deficiency.
Recognition may hasten correction and
thus strengthen the one institution to
which the world can look for the Jurld-
ical settlement of its disputes
y X X
THE submission of the case to the
Court" in the opinion of the San Fran
cisco Chronicle, was itself graceful
gesture. none the less so if it were
prompted by a belief that the customs
union could not be achieved at this
time. To submit the proposal to judi
cial settlement may have seemed an
easy way out of difficult position for
the two governments. 1t was, never
theless. a concession to the sentiment in
other nations. Objections to the
customs union now are based on exist
ing treaties. But treaties do not live
forever. They can be and frequently
arc changed. The present state OF Eu-
rope, however, is not favorable to STIR
ring up questions with so many en-
tanglements."
The compact, which was arranged In
the expectation of economic advantage
for the two countries" says the Buffalo
Evening News, had the effect of in
creasing depression" The News con-
cludes, however, that the practical
value of the court, as body which can
act with reasonable promptness ana
freedom from bias, Is demonstrated by
this case"
France cannot extract much COM
fort" in the judgment OF the Newark
Evening News, "fron the fact that she
has to depend for support upon her
proteges and sister. Latins, and finds
herself opposed by the United States,
Great Britain, Germany. Holland, Bel.
GUM, China and Japan. In world
opinion. their judgment will outweigh
that Of Poland. Rumania, Italy. Spain,
Cuba, Colombia and Salvador. Al
though winning q judicial decision,
France may feel that she has been
warned not to press her political and
financial advantages too hard"
y y
"The German and Austrian sacri-
fetal gesture Of Cancellation" states the
Houston Chronicle, takes on consider
able significance. Coming as it does
on the heels OF the Italian and French
gestures and the British governmental
reorganization to meet the realities Of