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
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