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Show ROOT 5 ARRIVAL j TO CHOSE STIR His Activity at the Hague and Harding's Views Produce Interest in m ith- si i i i XN NEW VKK, Sept j ." Klthu P.oof I In due In New York on the steamer Rotterdam. Considering the part Mr. Root had In writing the plank of Iht i Republican platform on the league of nations and the part he has more re- cently had as an agent of the league in Setting up ihi' new court of Interna- ' tlonal justice. Mr. Root's return, and 'what h'' may have In his mind arc matters of public Importance. II is probably doubtful whether Mr Rooti wil give the contents of his mind to: the public Throughout his stay in Kurope he avoided interviews and even iderllned Invitations to dinners as' which public speeches were to be made. ihe only public address he I made during his stay in Europe was that at the unveiling of the Lincoln monument In England. Probably hl-motlve hl-motlve In following this policy has! been fear lest anything be should say mlKht be used in lh political campaign cam-paign here in America, either for 'offense 'of-fense or def.-nse Mr Root naturall: if he c,ould help it. would not want to see he international Court of Justice Just-ice made a football In the American bolltical campaign. It Is belle-. I however, that soon after his return -Mr Root may be expected to confer with Senator Harding and that thereafter Mr Hireling will tak- :i further Sti p toward making fuller and mor' Cli II the Harding plan for Ann rican effort in thf direction of permanent peace. PKOCED1 RE II l i l t 1 ED In fact it Is Inferred by those Who have followed .Senator Harding's utterances ut-terances Closely that if he should be elected he Will be ready within a few days after hi, election to name an unofficial un-official commission composed ot ado-, quately equipped persons from both the Republican and Democratic parties lo go to Europe and confer Informal!', with the Htatemen who are dominant In the league of nations There I 10 be a meeting of the league on November Novem-ber ir. Concerning the new court of International Inter-national Jusllc which Mr Rout, .is the agent for the league of nations ha-beefl ha-beefl dominant in forming much of comment in American papers h.i been wide of remark Some of the more exclteable Republican Repub-lican papers have slate I that since this -ourt is agency of league of nat' they will have none of it Jt may safely safe-ly be .-aid that this extreme Irreconcilable Irrecon-cilable attitude Is not at all the attitude at-titude of those Republican leaden h are both more numerous as well .1 more thoughtful and more responsible. responsi-ble. ROOT is OAREFI I Mr. Root has apparently been carc-f.i! carc-f.i! to bullet into the structure of his new International Court of Jutp laments la-ments of permanence whli h would enable en-able it ie endure even If the league it-s it-s lj should fail, it would ahdoubted-ly ahdoubted-ly be incorrect to assume that Mr Root shares that desire for 'the league to fall which. In the present violence of a political campaign is found frequently fre-quently in the spirit of the utterances I pf Mime Republican leaders. (if course, you need only read that plank in the Republican platform which Mr. Root wrote aa well as sonv of his prclous public utterances. i know that Mr Root believes that the league has gra- faults, both of con-, Structioh and of principal Rut it can be inferred with equal confidence triiin a close htuely of the siructure of the court which Mr. Root has just sel up that he believes certain parts of the b ague of nations are useful and ought to be preserved and can be preserved. ROUT HIGH si-ins There are two or three high spots ir. what Mr. Root has Just doii" which have unmistakable significance In the first place. Mr. Root revived und set on It feet the old Hague Court of arbitration of 1897 and 1907. This Hague court of arbitartlon is a different differ-ent institution from the new court of; j International Justice. American comment com-ment Ium frequently confused Ihe two, the difference between a court of ar-I ar-I bltratlon and a court of Justice Is too I technical to go Into here It Is sufficient suffi-cient to say that the Hague court of ait-iiraiion expiree! with the beginning of the war In 1914 and has not si in opened Its doors until Mr. Root revived re-vived it and set it to functioning this summer This thing Mr !:.( did in what may bo called bis private capa-i city, and not in his capacity as an agent of the league of nations. Having revived the old Hague court! 1 of arbitration, Mr. Root the-n set about I creating the new court of International 'Justice. And the slglficant fact Is that Ihe has tied these two courts together 'in a manner which has almost wholly, icscapcd the attention of American Comment Mr, Root has provided that! Jiidgee for the new International court 'of justice shall be chosen by the following fol-lowing mechanism: In the first place, : the members of the Old Hague rourt will nominate a panel ot Judges f,,r the new court of International Justice. : ( ut of Ibis panel named by the ohlj j Hague court, the e-ouncll and the as-1 as-1 scmbK of the league of nations will pick fifteen who tIU actually be the I Judges for the new court of Interna-j Interna-j tlonal justice. The function for the b agile will be solely to pick fifteen out 1 of thirty or forty originally nominated by the old Hague court. It Is the old panel of Judges. The league Of na-1 Hons Is restricted to picking fifteen ot I the panel originally nominated by the-' old Hague court. Comment in America and partlcti- j larly the comment of the more Violently Violent-ly irreconcilable Republican newspa-l pers. has dwelt exclusively on the part thai the e'Ouncil and the assembly ofi the league of nations will have in so lee ting the Judges of the new court ; They have inlsseel what Is much more-Important, more-Important, namely, the part that the I old Hague court has In naming the 1 judges. The net of it Is thut even if ihe league of nations should not fare well, even if some of its more Import-: jant functions should cease, even If nothing more remained of the league, of nations than a mere formality, un-j I der all these contingencies Mr. i;oot"K, I new court of International- Justice e-oul'l go on It could go on as an ad-, j dltlon to the old Hague court The only function of the league of 1 I nations essential to the continuance of ! the new court would be a socretarj and an occasional meeting of the rep-; resentallves of the big and Utile nation's na-tion's to select fifteen judges out ofi I the panel originally nominated by lh old Haguo court. And If even thKj part for league of nations should fall) I It would be a simple matter to summon ! delegates from the big and little nations na-tions to two bodies called for the specific spe-cific purpose of taking concurrent ac-1 tlon In lh- selection of Judges for the court of Intel national justici To your correspondent it has always I seemed that there- Is unmistakable' harmony between what Senator Hard-1 ' nig ha." been saying and what Mr. Root j has been doing Then- Is unmistuk- able Ide ntity between the words for 'operation platform and of Senator j Harding about extending Ihe functions of the old Hague court of arbitartlon j and on the other hand, the delalls of I what Mr. Root has actually been do-' do-' Ing in Europe, |