Page images
PDF
EPUB

preme Court of the World. Mr. Wells is altogether serious in his vision of an economic world-state and a legal world-state foreshadowed by the Hague Tribunal.

Thousands who read "Mr. Britling Sees it Through," the most remarkable novel the war has produced, will be further familiarized with the words "World Court." These have been strange words to many people; there has been much inquiry as to their meaning. But

they are much better understood now. The President and the Republican candidate for the presidency both used them in the recent campaign. The work of The World's Court League has been making known what they stand for. Wells becomes a powerful propagandist of the idea. There is nothing, he holds, to which we can turn but a religion of mankind that will save from war. Listen to Mr. Wells:

Mr.

Mr. Britling, the Englishman in the novel, has a son killed in the war, and a lovable young Pomeranian who had been a tutor in his family has been killed on the other side. Mr. Britling sits down to write a letter to the parents of the German tutor, which he wants to send along with

The Pan-American Federation of Labor Conference Committee has issued a call to the workers of Latin America to join in the proposed movement to unite all wage workers of the western hemisphere. This is the result of resolutions adopted by the American Federation of Labor convention, Baltimore. Samuel Gompers is chairman, representing the American Federation of Labor; John Murray, secretary; Santiago Iglesias, representing the Porto Rico organized workers, and Carlos Loveira, representing the Yucatan, Mexico, organized workers.

a fiddle that the young tutor left behind for his parents in case he should not return. After trying all night to compose the letter, Mr. Britling gives it up, saying: "Better just send the fiddle." In the draft of the letter, however, this unforgettable paragraph stands out:

"When I sat down to write to you, I had meant only to write to you of your son and mine. But I feel that what can be said in particular of our loss, need not be said; it can be understood without saying. What needs to be said and written about is this: That war must be put an end to and that nobody else but you and me, and all of us, can do it. We have to do that for the love of our sons and our race and all that is human. War is no longer human; the chemist and the metallurgist have changed all that. My boy was shot through the eye, his brain was blown to pieces by some man who never knew what he had done, and think what that means! It is plain to me, surely it is plain to you and all the world, that war is now a mere putting the torch to explosives that flare out to universal ruin. There is nothing for one sane man to write another about in these days but the salvation of mankind from war."

At the recent meeting of the New York State Bar Association, on motion of John Brooks Leavitt, a resolution was adopted calling for the appointment of a committee of nine "to consider and report to the next annual meeting of the advisability of establishing an American International Court, for the peaceful settlement of controversies between nations on the

American continent." Ex-Supreme Court Justice Charles E. Hughes, the new president of the association, is a leading advocate of the establishment of a World Court.

Pan-Americans Favor Judicial Union and New Code for Neutrality

TH

HE American Institute of International Law at its second annual meeting at Havana, Cuba, beginning the last week in January, favored the establishment of a Judicial Union of Nations, and proposed a new form of code for maritime neutrality. This Institute was organized a year ago at the time of the second Pan-American Scientific Congress in Washington. Its founders include one member from each of twenty-one American Republics on the North and South American Continents. Each country is further represented by five members elected upon nomination by affiliated SOcieties of international law in the different states, so that the body is made up of prominent international lawyers, diplomatists and statesmen. The convention at Havana divided its work among four commissions: 1. Bases of international organization in the future; 2. New conception and new orientation of international law; 3. Fundamental rights of the American continent; 4. Maritime neutrality.

The address of Dr. James Brown Scott, President of the Institute, advocated the establishment of an international court of justice, sanctioned by powerful, united, world-wide public opinion. Reports quote Dr. Scott in part:

"Tracing the history of the Supreme Court of the United States, we find among

its attributes that of settling all judicial conflicts that may arise between States, both of a private and public nature. I have collected eight hundred cases involving conflicts which imply principles of international law and which have been settled by the Supreme Court in the course of its history. But it is a remarkable fact that though the different States have repeatedly appealed to this court for the settlement of such disputes, there is no power which can force the execution of the sentences rendered.

"Nevertheless, there is a public opinion which is so strong that no State would dare fail to comply in the execution of a sentence rendered in this manner. A similar sanction, namely, that of public opinion, is the only possible sanction capable of enforcing the judgments of an international court, which is our ideal. The use of force as a sanction of the judgments of any court, far from being desirable, is rather a danger which should be avoided, since all judgments are liable to err.

"On the other hand, an enlightened public opinion is a strong and irresistible power which will leave out of the question non-compliance with the dictates of justice. This is the view which we find expressed in the Red Book, Blue Book and the White Book of the nations now at war, which were published in the respective tries, that they may bring home to the languages of their own and other councitizens of the world the grievances of each particular nation. This is also the spirit which animated the signatories of our own Declaration of Independence when they made their appeal to the 'decent respect to the opinions of mankind."

At the closing session of the Institute the following recommendations, which are particularly interesting to our readers because they accord with the program of The World's Court League, were approved:

1. The call of a Third Hague Conference to which every country belonging to the

society of nations shall be invited and in whose proceedings every such country shall participate.

2. A stated meeting of the Hague Peace Conference which, thus meeting at regular, stated periods, will become a recommending if not a law-making body.

3. An agreement of the States forming the society of nations concerning the call and procedure of the Conference, by which that institution shall become not only internationalized, but in which no nation shall take as of right to preponderating part.

4. The appointment of a committee, to meet at regular intervals between the Conferences, charged with the duty of procuring the ratification of the Conventions and Declarations and of calling attention to the Conventions and Declarations in order to insure their observance.

5. An understanding upon certain fundamental principles of international law, as set forth in the Declaration of Rights and Duties of Nations adopted by the American Institute of International Law on January 6, 1916, which are themselves based upon decisions of English courts and of the Supreme Court of the United States.

6. The creation of an international council of conciliation to consider, to discuss, and to report upon such questions of a non-justiciable character as may be submitted to such council by an agreement of the powers for this purpose.

7. The employment of good offices, mediation, and friendly composition for the settlement of disputes of a non-justiciable nature.

8. The principle of arbitration in the settlement of disputes of a non-justiciable nature; also of disputes of a justiciable nature which should be decided by a court of justice, but which have, through delay or mismanagement, assumed such political importance that the nations prefer to submit them to arbiters of their own choice rather than to judges of a permanent judicial tribunal.

9. The negotiation of a convention creating a judicial union of the nations along the lines of the Universal Postal Union of 1908, to which all civilized nations and self-governing dominions are parties, pledging the

good faith of the contracting parties to submit their justiciable disputes-that is to say, their differences involving law or equity-to a permanent court of this union, whose decisions will bind not only the litigating na? tions, but also all parties to its creation.

10. The creation of an enlightened public opinion in behalf of peaceable settlement in general, and in particular in behalf of the foregoing nine propositions, in order that, if agreed to, they may be put into practice and become effective, in response to the appeal to that greatest of sanctions, "a decent respect to the opinion of mankind."

The proposed code for maritime neutrality, elaborated by Alejandro Alvarez of Chile, secretary-general of the Institute, will be submitted to all the constituent American SOcieties of international law prior to the next annual meeting. Its purpose is to emphasize neutral rights and duties as against those of belligerents. It is declared that a new conception of neutrality is demanded by reason of the bonds of solidarity which exist between all the members of the society of nations.

Upon a declaration of war the code provides for a conference of neutral states of the entire world at the permanent Hague court to take all necessary measures to maintain the freedom of commerce and navigation of the neutral countries, to determine contraband lists and to see that neutral rights and duties are observed. Commercial blockade is forbidden, private property on the open sea is declared inviolable; vessels carrying contraband may not be sunk or confiscated under any pretext whatever, though contraband may be confiscated or destroyed; the right of search is abolished, proper visé of ship's papers being required under penalty; postal correspondence is inviolable. Indemnities for infractions of the rights of neutrals by belligerents are to be determined by the Conference of Neutrals; measures necessary to be taken to secure payment of such indemnities are also to be determined by that body.

By REV. GEORGE H. SMYTH

HERE is no one who has namely, a court fashioned after the

Tthought seriously upon the Supreme Court of the United States,

great tragedy of Europe the past three years, but has felt burning in his soul the deep desire for some sane and sound and reasonable movement that would have for its one aim the adoption of just but peaceable means and methods for settling all future differences between nations.

Prayers have been offered in churches of all denominations, expressing this desire for the day of permanent peace among all the nations of the world.

This aim is one which surely the Christian Church, no matter what its name or denomination, can in all sincerity and unanimity strive to bring to a glorious realization.

Here is a modern call from the Invisible to the Visible Church which can not be disregarded, for if ever God's Kingdom is to come and His Will is to be done on earth, it must come when the nations are willing to meet together in the spirit of God's Brotherhood Kingdom to settle their differences not as savages settle them, but as nations in whom the spirit of the Almighty dwells, nay, rules and

controls.

Now the organization known as The World's Court League seems to me to be the one and only means for future peace and just settlement of questions between nations.

Its idea is one which churches of all creeds can heartily approve,

this court to be composed of representatives of the nations most carefully chosen for their high and sacred office.

This World Court is to be a body before which national differences shall be brought for settlement, on the one basis of law, justice and righteous

ness.

The Church has been criticised in the past because it has seemed to be indifferent to great issues not having ecclesiastical authority and atmosphere. This criticism has in many cases been wrong. No one will deny, however, that to-day the world is looking to the one organization on earth which has for its chief purpose the advancement of righteousness between man and man, to throw its power and influence into the great cause of world-wide peace. For world-wide peace means world-wide righteousness, based on justice, and this in turn means the hastening of the day when the demon of selfishness shall be forever dethroned in the hearts of individuals and nations alike. I would urge, therefore, the opening of the doors of our churches throughout the country to representatives of The World's Court League that people may be brought into an intelligent understanding of an organization which seeks to promote the cause of righteousness, justice and peace among the nations.

S

LEAGUE LUNCHEON GIVEN BY MR. CLEWS

AT THE BANKERS' CLUB

PEAKERS at a luncheon held in

the Bankers' Club, New York, February 15, endorsed The World's Court League's program from many points of view. Henry Clews, treasurer of the League and host of the occasion, proclaimed the saving power of the World Court project after this war. Mr. Clews spoke as follows:

"Fellow members of the World's Court League and Guests, it gives me infinite pleasure to welcome you at this luncheon and to say to you that I feel greatly honored by your presence.

"We are assembled to invite discussion relating to the furtherance of the establishment of a World Court at the close of the present war, where international disputes may in the future be adjudicated and finally settled.

"The World's Court League stands absolutely for the promotion of peace, and not the enforcement of peace. The establishment of a World Court, which is to become effective at the termination of the present European war, would be an epochal event, a sublime achievement and the most brilliant act of statesmanship.

"As all progressive nations shall be represented in this proposed World Court, it will probably form a body of jurists as large as the Senate of

the United States. The time may come when this Supreme Court would necessarily enforce its decrees by an International Police Force, military and naval, superior to those of any single power in the world. We may, however, look further into the future and foresee a time when force will no longer be needed in international affairs. The forty-eight States of our own Union are an illustration of this. The decrees of the Supreme Court of the United States in litigation between different States do not need force to secure their finality. The highest law of the land is supreme, but the forces back of it are always in abeyance. All the nations of Europe and other continents will in time become accustomed to the American way of adjusting legal difficulties between each other, and they will wonder why they delayed so long in adopting so simple an expedient to avoid war. This proposed Court is the only channel and the paramount instrumentality through which the desirable results which our League aims to accomplish can be successfully effected.

"Our League proposes to show the world a better way, a more humane as well as common-sense plan to make use of when international disputes arise. We aim to construct and preserve, while war, in the last analysis, means nothing but destruction and

« PreviousContinue »