Nappanee High School - Napanet Yearbook (Nappanee, IN)

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International Arbitration is often consid- ered as suggestive of the time when nations will cease war with one another and when peace will reign supreme; or as the means of bringing a state of world peace into ex- istence. Arbitration may he a way of secur- ing peace, judicial settlement may be a bet- ter means of abolishing war, hut probably the use of both would be the most effective. If we consider the International Court, created by The Hague Conference as a court of arbitration and if we suppose that it thor- oughly meets the needs of arbitration, the question comes up whether or not arbitra- tion as understood and practiced, is the ul- timate goal for which we should work, or whether it is but a step to judicial settle- ment. •lames B. Scott of the John Hopkins ITiiversity and a I’nited States delegate to the second Hague Conference says that in fact, if not in theory, these two systems dif- fer, not merely in form but in substance; that certain classes of disputes should lie and can only be decided by judicial process and that certain questions can be better settled by arbitration than by courts of justice. He defines International Arbitration as the settlement of differences between states by judges of their choice and on the basis of respect for law. Judicial decision, on the contrary, is the decision of differences by judges, not necessarily chosen by the parties in controversy, and by application of prin- ciples of law. and not on the basis of respect for law. According to Act XX, of tin Hague Con- ference, the object of arbitration “Is the settlement of differences which it has not been possible to settle by diplomacy.” That is to say. arbitration springs out of diplo- macy, or takes up the settlement of a dis- pute, after diplomacy has failed. It, there- fore. as a rule, has the spirit of a compromise, which plays so leading a part in diplomacy, in it: and may not in the end give either na- tion concerned satisfaction, or may even be partial to one nation. Because of this fact, the establishment of an international court. composed of judges and lawyers from the d 'rren' countries whose opinions would not be biassed, and whose decisions would bo final, has often been suggested as a means for increasing the effectiveness of Interna- tional Arbitration, and the bringing about of a lasting peace to the world. .Mr. Elihu Root, who as Secretary of State, instructed the American delegates to the Second Hague Conference to propose such a court, did so in the following short speech : “The method in which arbitration can be made more effective, so that nations may be more ready to have recourse to it voluntar- ily, and to enter into treaties by which they bind themselves to submit to it, is indicated by observation of the weakness of the sys- tem now apparent. There can be no doubt that the principle objection to arbitration rests not upon the unwillingness of nations to submit their controversies to impartial arbitration, but upon the apprehension that the arbitration to which they submit may not lie impartial. It has been a very general practice for arbitrators to act, not as judges deciding questions of fact and law upon the record before them, under a sense of judicial re- sponsibility; but as negotiators effecting set- tlements of questions brought before them in accordance with the traditions and usages and subject to all the consideration and in- fluences which affect diplomatic agents. The two methods are radically different, proceed upon different standards of honorable obli- gation and frequently lead to widely differ- ing results. It very frequently happens that a nation which would be very willing to submit its differences to an impartial judicial determination is unwilling to subject them to this kind of diplomatic process.” From Mr. Root’s message, then, it is plain to he seen that one of the essential require- ments necessary in order that International Arbitration may reach its greatest point of effectiveness and accomplish the greatest good, is the organization of. or rather the creation of, an International Court; which

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Class of 1920 Wilma Best, Edna Cole. Charley Defrees, Warren Miller. Thelma Metzler. Blanche Xeher, Grace Smeltzer, Daisy Shively, Arthur Truex, Florence Walters, Hilda Walters

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should he composed of the best judges and the most competent and experienced lawyers of the different countries. This Court should give as impartial and impersonal judgments as those which the Suprme Court of the I'nited States give to the questions with which it deals; and should base its decisions on the statements and facts from the records before it. If such a Court were established. I believe that there is but little doubt but that nations would be more ready to submit their disputes to arbitration. Of course, only such questions and disputes as the nations themselves are not able to settle by diplomacy, should be submitted to such a court. Another thing that must be accomplished in order to insure the success of Inter- national Arbitration is that Arbitration must be made obligatory; or there are many eases especially those in which boundaries are in- volved, where nations really prefer to fight than to surrender any of their claims. At the present time. The Hague Confer- ence does not have the power to make arbi- tration obligatory; but it excepts nothing from the scope of arbitration, thus leaving to the different countries the choice as to whether or not they will employ it. Many treaties have been concluded for the pur- pose of rendering arbitration obligatory, but about the only obligation which they impose is the arbitration of differences of a legal nature or relating to the interpretation ot treaties. And so far, cases in which a na- tion’s ‘Honor, independence or vital inter- ests' have been concerned, have not, as a rule, been considered as questions which a nation might honorably submit to arbitra- tion; although both the I’nited States and Great Britain have often submitted such eases to arbitration, particularly the case ot The Alabama Claims which was successfully settled by arbitration at Geneva While Secretary of State. Mr. Bryan drew up a treaty which was signed by several countries. It provided that at least one year should elapse between the time, when a dispute arose between two nations, and the declaration of hostilities by one or the other of these nations, in this time the controver- sy was to be investigated by an international court, which should, if possible, suggest some peaceable way to settling it. During this time neither nation was to be enlarging either its army or navy unless endangered by a third party. As yet, this treaty has not passed the Senate. In the past twenty-five years, some diffi- cult and serious questions have been settled by arbitration, as in February, 1895, the case of Argentine and Brazil in regard to the title of Missions, was settled through tin efforts of the President of the I’nited States; and in 189:1, the Paris Tribunal ren- dered judgment between the I’nited States and Great Britain on the Bering Sea con- troversy. Judging, however, from the past two years, the outlook for a time when international disputes will be settled by arbitration, is not very bright. Few notable cases have been up before the Hague Conference: probabL the most notable is that of Portugal on one side, and France, Great Britain and Spain on the other. War has been almost continu- ous in the Balkan peninsula for the last three years: first, the allied powers against Tur- key, and then the same powers fighting among themselves. Mexico has long been in a state of revolution, and the present European war makes the time when disputes will be settled by arbitration and not by the sword, seem far away. It seems that one of the greatest factors for the bringing about of a time of Interna- tional Arbitration, is public opinion. If a world wide sentiment is created in favor of Arbitration, we would soon see disputes set- tled by it. for an enlightened public opinion is coming to have more and more force over a nations lawmakers. U The Movies Alice Noli» One of the most important questions now before the American people, from the tiniest “kiddie” to the wisest man, is that concern- ing moving pictures. It is of importance because of the part it plays in the life of the individual. It is of importance in its relation to art, science and education. Let us consider for a short time its history and development. In 1889, Thomas A. Edison invented a ee u- era for producing motion pictures which he called the “Kinetograph . It was not how- ever, until 1894 that the first picture play was given under the management of Alex