Emerson McMillin discussed the composition of “The World Court.” He would
not brook the thought that there was not patent and paramount need for
such an institutional tribunal. The necessity for an International Court
was so obvious that it was not a subject for discussion. The delegates of
forty-five states would not have supported it at the Hague Conference if
there had not been a great desire and a growing demand for it. He called
attention, in his warm advocacy for the establishment of the Court, to
the records of the two Hague Conferences. In 1899 it was but necessary
to suggest the creation of a World’s Court to have it promptly put aside
as impracticable. After a lapse of but eight years the 1907 Conference
adopted the following: “The Conference recommends to the signatory powers
the adoption of the project hereunto annexed of a convention for the
establishment of a Court of Arbitral Justice and its putting in effect,
as soon as an accord shall be reached upon the choice of the judges and
the constitution of the court.” This received the unanimous support of
all the conferees.
In a logical appeal for such a court, U. S. Senator Atlee Pomerene of
Ohio, presented some startling facts. “My friends,” he said, “the other
day the Cleveland _Plain Dealer_ said, editorially, that according to
the best estimates up to date there had been lost in this horrible war,
5,970,000 men. Think of it. In the great State of Ohio, which Senator
Harding and I have the honor to represent, according to the last Federal
census there were only 4,700,000 souls, men, women, and children. To-day
there are, perhaps about 5,000,000 souls in Ohio. In other words, in the
short space of about eight or nine months, nearly one million more men
have been lost than we have men, women, and children in Ohio, all because
the heads of governments are worshipping old Mars.”
Thomas Raeburn White presented to the Congress a series of technical
provisions for the appointment of judges to the International Court of
Arbitration. They could be easily surmounted, however, he thought, and
in an address on “The Method of Procedure,” the Hon. James Brown Scott
declared that great as these difficulties were in the selection of
judges, they were not insuperable.
President Harry A. Garfield, of Williams College, in a discussion on “The
Minimum Number of Nations Required to Successfully Inaugurate the Court,”
thought that four of the great powers would suffice for an inaugural.
He called attention to the fact that Mr. Thomas Raeburn White, speaking
at the third national conference of the American Society for Judicial
Settlement of International Disputes in December, 1912, analyzed the
articles of the convention providing for the establishment of the court
and showed that the question was clearly left to the Powers represented
at the conference, and could be adopted by any two or more of them
when they saw fit. There appears to be no serious dissent from this
proposition.
Public-domain text, read in full here on John Shaqi.
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