TTTE MORXTKG- OREGOXIATT, THTJItSDAT, NOVEMBER 11, . 1920 3 COURT WILL DEPEND preme court of the world, so to speak, assert that what happens between states within the Jurisdiction of our supreme court would also happen as between nations within the jurisdic tion of the new court. They do not propose to give to this new court any armed power to enforce its decree. They say that the moral force of the decree and of the public behind it would be enough. If you reply that, theoretically, it would not be enough, their answer is that they do not con cede this to be so and that if it should be so there is nothing to be done about it. This article does- not purport to treat the subject except In the most incomplete, tentative and possibly even inaccurate way. The plan is yet too tentative to be accurate or definite about it. However,, it it not practicable to be as detailed in an article designed to aid popular under standing as in a technical discussion for lawyers. But the heart of the idea lies in this analogy between the supreme court of the United States and the proposed supreme court of the world. No Military Force to Back New League Idea. 2 i T&ys' SUPREME COURT IS CITED Highest American Tribunal Obeyed Only Because of Popular Sen timent, 3fot of Power. PUBLIC Oil BT MARK EUTJUVAN. Copyrlht by the New York Evening Post, Inc. Published toy Arrangement.) WASHINGTON. Nov. 10. (Special.) The fact that the league of nations, after being the dominant question in American politics for nearly two years preceding: the election, instantly returns to the neadlines in the same capacity is proof of the vitality of the idea. Insaamuch as America will be considering- this subject for at least six months to come and perhaps longer it is desirable to make .clear the distinction between what was re jected at the recent election and what will be presented for our approval after the new leaders have reduced their ideas to definite form. Court Is Central Idea. It would be roughly correct to say, in so confessedly tentative and in complete a discussion as this is, that what the new plan contemplates is a world court which shall be to the na tions of the world what the supreme court of the United States is to the states of our own union. The court will not be the whole of the new plan, but the court will be the principal part of it, and the only part that will have any power. There are a great many points of similarity between our suprem court and the court that is planned by those whose thought will be dominant in attempting to bring about the new as sociations of nations. There is not space here to go into these points of similarity, nor farther to describe this inchoate plan. But one question which will arise in the minds of every one can be partly answered. It will be . asked, what force will be at the com mand of this new court to enforce its decrees? What constable will it have, or- what sheriff, or what marshall to compel a nation against which a de cree is handed down to obey that de cree? That question has been at heart of every discussion of the pres ent league of nations and of every other proposed form of world associa tion to enforce peace. The league of nations frankly relies upon armies and navies to enforce its decrees, and that is precisely the feat ure of the league of nations which was deemed objectionable by its most violent critics. The idea that the American army or the American navy might be so used wa the most suc cessful appeal for popular support by those opponents of the league whose position was indorsed at the recent election. As to the court which is embodied in the new plan, the answer to this question about a sheriff or. a marshal or some other form of force is that the court is not to be allowed to have any force at its command. It is to have neither an army nor a navy nor a constable nor a sheriff nor a mar shal. At this point all who advocate and support the feature of force as a ne cessity to success in any league to enforce peace will probably throw up their hands. They will say that with out some equivalent for eheriff or a marshal to enforce its decrees the new court will amount to nothing and will be helpless to keep the, peace. Supreme Court Held Powerless. The answer to those who favor the new world ' court, modeled upon the -supreme court of the United States, will come as a surprise. It will come as a surprise even to many lawyers. The answer given is that in disputes between the various states of the United States our own supreme court has no force and no way of enforcing its decree if a state -should refuse to obey its decree. This is a fact that nearly all Amer icans have forgotten. It is so uniform a practice for our tates to obey a decree handed down by the supreme court of the United States that we will take it for granted that the de fendant states do so for the same reason that most of us obey the de cree of a court that is. because of the power over our persons and our property that the ordinary courts have. The fact is that when one or our states sues another state in the supreme court, and when the decree is handed down that ends the matter. If the defendant state should choose to ignore the decree, there is no way for the supreme court to punish such contempt or overcome such a resist ance. Public Opinion Sufficient. . Nevertheless, all our states do obey such decrees when they are handed down. They do so. not through fear or any force that the court possesses. but solely because of the moral force of public opinion. For example, within a very recent time the state of Virginia sued the state or west Virginia for a sum up ward of $10,000,000. The supreme court handed down a judgment in favor of Virginia. If West Virginia had not chosen to' pay, the supreme court would have been helpless to enforce the decree. In this very case, after a decree against West Virginia had been handed down, there was a period when real concern was felt lest West Vir ginia Bhould refuse to obey and should take the position of publicly flouting the supreme court of the United States. During this period a good deal of thought was given to whether any way could be devised to prevent or pumsn such a contempt of the court's decree if it should occur. There is no way inherent -in the law, but there was much speculation as to whether, aside from the law, some way could not be found for visiting upon a contemptuous defendant state me unpleasant results of that moral force which the court necessarily had 10 reiy upon. State Obeya Decree. In this case, however. West Virginia obeyed the decree of the court. The . West Virginia legislature took appro priate action. Bonds were issued and the Judgment was paid. This case is cited to illustrate how the supreme court of the United States functions in disputes between states. It is true that 100 years ago the very first de cree that the supreme vcourt of the United States handed down in a dis pute between two states was wholly ignored by the defendant state, which in that case happened to be Georgia. That, however, was a mere incident in the growth and development of the supreme court to the point where its dignity and moral force is the equiva lent of any army. In all the cases since this one, the defendant state has obeyed the decree and has done so, not through fear of armed force, but wholly because of the moral force of the decree and of the public opinion behind it. . . The advocates of the proposed su PINE OUTPUT INCREASES PRODUCTION TN" NORTHWEST FAB EXCEEDS DEMAND. Shipments In September Represent Decrease of 1375 Cars Compared With Same Month in 1919. SPOKANE, Wash., NoV. 10. (Spe cial.) Production of member mills of the Weatern Pine Manufacturers' as sociation In September, 1920. exceeded that of September last year by .9,746,- 645 feet, according to a report by A. W; Cooper, secretary-manager of the association, based upon returns from 49 mills this year and 61 last year. Total production in September of this year was 164,311,808 feet, as com pared with 154,566,163 feet in the same month of 1919. Shipments in September, 1919, totaled 5266 cars, or 138,536,960 feet, and in September, 1920, 3881 cars, or 98,805,897 feet, representing a decrease of 1375 cars or 39,731,063 feet. Shipments less than cut in September, J.S19. were 15,565,163 feet, while shipments less than cut In September, 1920, totaled 65,505.911 feet. Member mills are located in Washington, Oregon, Idaho and Montana. Touching on the traffic situation. Mr. Knott said: "The embargo situation is some what relieved except in and around New York, where permits must be ob tained by consignees before shipment Consignees will experience very little difficulty in getting a permit if they can show that the cars will be promptly unloaded." FAMOUS TURFMAN DEAD Veteran Racetrack Owner In Idaho Ends Picturesque Career. BOISE, Idaho, Nov. 10. (Special.) John ("Pony") Young, veteran race track owner in Idaho, is dead at the age of 90 years, and his passing re moves from this life one of the most picturesque characters of the early days of the territory. Young was one of the early Indian fighters and was at Idaho City in the gold rush days. Later he located at Boise, where he established a race track, the center of which now is oc cupied by the site of St- John's Catho lic cathedral. Young was in his ele ment in those days and some of the races run on the track unler his su pervision became famous in the west. Many of the fastest hordes partici pated and the stakes were high. The sky was the limit in betting. i WBl THE next time you see a man who has something indefi nably, wrong about his clothes, look carefully at his collar. ZSLWOOO PRE-WAR PRICES- PREVAIL New Perkins Hotel Fifth and Washington Sta. Portland, Oregon. Rates $1.00 and Dp- Special weekly and monthly rates. "There Is . One Safe Place to Buy Your Piano or Phonograph." Convenient Terms. ' LIPMAN, WOLFE & CO. Copyright 1920. The House of Kuppenheiine A GOOD aiDiDeatance is a valuable inves tment msiiness memo The The successful young business man understands the value of a good appearance, knows what it will do for him. Kuppenheimer good clothes are an investment in good appearance the best investment any young business man can make. E of KUPPENHEIMER ft Our entire stock of fine Kuppenheimer Good Clothes now offered at 25 per cent reduction. A better investment than ever. Buy now! LION CLOTHING CO. . 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