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THE NOME TRI-WEEKLY NUGGET, WEDNESDAY JULY 16, 1919.
A "COURT OF NATIONS.”
Among the th<> hundred and one printed discussions of tin* League of
Nations question one encounters in perusing the current puhttcutions, one j
seldom finds an article containing a remedy for the faults which even the most1
ardent supporters >>f the League are willing to admit are to he found in the
covenant proposed by the Paris conference. The general attitude of a ma
jority of the writers appears to he either that the League should he accepted
as formulated or rejected utterly because of its defects. The analyst’s almost
invariably adopt the view that the League is either all right or all wrong and
then proceed to praise or belabor it according to their inclination. In only
one or two instances have we encountered articles containing, suggestions
regarding changes in the form or methods of tin* proposed league which would
alter the features against which complaint is raised.
It is. therefore, cheerful, to encounter an article by a writer who not
only points out the defects of the League covenant in logical and lucid manner,
without bombast or the obvious tendency of many to harp upon the objection
able features solely, from the viewpoint of American sovereignty, but also sug
gest a substitute which appears to be founded upon something more tangible
than the half resolved theories which form the main foundation of the League
convention. The article in question is from the pen of Selden Hu eon. a
member of the New York bar and a legal writer of international repute.
In a pamphlet entitled "Three Letters to a Connecticut Editor," written
in answer to an article in support j,»f the League covenant by Horace 1). Taft,
Mr. Selden discusses the League in an entirely di.Tcrent manner from any
other writer we have encountered and also outlines a substitute which pos
sesses not alone the virtue of overcoming the principal objections raised against
the League but also presents a series of concrete historical evidences of its
practicability which can hardly fail to convince the logical mauled reader that
the plan is at least fully as trustworthy a means of ult.EnJng the objec ts in
tended by the League as that much abused formulation itself and is also
practically devoid of the features which form the main ins* Lotion .if a
majority of the League objectors.
Mr. Selder first discusses what he terms the “powerlessness" < ' ;he
proposed League t«> give the results wanted, choosing as his primary ;,ro aid
of argument that it provides no super-nation or super-government to enforce
its decrees. He points out that the experiences of time and also those of our
own ancestors with the ohl League or confederation of the colonies, which
failed so utterly and was finally supplanted by the Constitution, which alone
has given the American nation its present permanancy, prove the futility of a
consent coalition of state units when such coalition is not guided and ruled by
general and universally recognized rules of law and proeeedure. The writer
in proving his point dwells in most convincing manner on the lack of accur
ately defined powers or limitations of the theoretical authority granted by the
League charter and contends that in the absence of fixed principles of guidance
end without the establishment of international laws the League is irhcrently
powerless to prevent wars between its states.
in proposing his substitute for the League, Mr. Selden contends that
actual rights always grow, not from legislative enactments or treaties declar
ing such rights, but out of the actual giving of redress for breach of rights.
He declares that it is a historic fact that remedies make rights, not right#
remedies. Following this law of historic development of all our actual rights,
he then proposes that, instead of a council of diplomats or a quasi-legislature,
such as is provided by the League convention, to declare paper rights with lio
power -to enforce them, the nations create a Court of Nations to try offenses
* against recognized international law, which he says is not yet true law because
there is no "sanction" and no "punishing power" behind it.
Create by agreement and consent a real International Common Law,
he says, by punishing those who violated the accepted Law of Nations during
the world war. By such enforcement, lie contend?, all laws and all rights
have grown, and in this manner only.
The writer contends that In the creation of .a body of real "common”
or customary International laws, with actual precedents of enforcement, with
ail the powers of growth such a "common” or universal law contains within
itself, will be found thp available remedy. For this no assumption of new
obligations is called for, he asserts, unless it be in the form of a treaty to
carry* out the decisions of the Court of Nations whenever it is called into
session, though no objection is seen to embodying % declaration of certain
principles on which all powers are agreed as being some of the principles of
recognized law. I
By way of pointing out a precedent showing how far reaching is the
effect In creating enforcible law, of a special court convened for actual en
forcement of such extrordinary customary law, Mr. Selden cites the creation
of the High Court which tried and executed Charles I, in 1647, creating a
precedent of law which caused Charles’ son, James II, to flee rather than face
such a tribunal, thus accomplishing at one stroke tlie bloodless revolution of
1688.
The fundamental theory of Mr. Selden's proposal is first, the creation
and establishment, by actual enforcement under a recognized agreement, of
the fundamental elements of an ever growing body of common and public
International laws which shall in time govern sovereigns and nations and
gradually compel them to carry ou# their obligations and treaties, in the same
manner as ordinary law has grown to bind individual citizens. * The basic
principle of Mr. Selden’s suggestion rests on the proposal to found the rights
of the people in a system of world laws .that will protect the weak and in
nocent and restrain the powerful and lawless. The simplicity of the plan
and its freedom from the dangerous entanglements and risks of the proposed
League will be readily appreciated by all who have studied the League con
vention and realize its absence of defined principles and laws and lack of re
straints. The writer points out that such a court of Nations would not in
volve us In every little dispute occuring in the Balkans, fcould not bring other
nations into controversies we might have and would build up a body of inter
national law* with a court and sanction for its decrees, instead of merely
providing a form of treaty creating an untrammelled legislature, without a
court and without sanction.
How different this Is from the proposed League is readily seen. Re
garding its prospects of success In securing world .peace and the adjustment
of international difficulties on tlie basis of the new view of human rights, it
«an only l>o said that it is in compliance with the historic development of
all present law systems. It / also provides for a natural growth of world
guiding principles and practices, instead of sudden enactments whose ultimate
effects no one appears to discern. Also it avoids all of the entagling features
involved in the League convention and imposes no authority which Is not
supported by an accepted system of law ratified by custom and proccedure.
These are features which should commend themselves to both League sup
porters and league opponents alike.
NEW ARMY DIRIGIBLE MAKES GOOD RECORD IN NIGHT FLIGHT.
Special to the Nome Nugget by The Associated Press:
WASHINGTON, July 12—The new army dirigible A 4 arrived in Wash- j
ington this morning after completing a night flight from Akron, Ohio, in which ^
the airship made an average of twenty five miles per hour and made the trip
without, mishap "of any nature.
The journey was in the nature of a tryout to test the night flying
capacities of the dirigible, which is of a somewhat dlftfferent type from those
heretofore used in the army service. The craft behaved In excellent manner
throughout and army officials express themselves as greatly pleased at the
performance.
The A 4 is expected to leave on a trip to Hampton, Virginia, within the
I next few days for the purpose of further testing its capacities.
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In a recent d.soourse on the sub
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