UC-NRLF $B SfiT E7M GIFT OF Mrs. Beck eciprocal Representation in a World's Assembly International Bonding AND .eciprocity Defense Army (International) Suggestions for the Advocates Of and Opponents To the League of Nations By Emil G. Beck, M. D. Chicago, 111. 8¥ Uf^ ^' 'ph- / The essential points : A. AN INTERNATIONAL LEGISLATIVE BODY WITH JUDICIAL POWERS (Chosen by Reciprocal Method) Each nation to send a fixed number of Representa- tives, but instead of choosing all from among its own citizens, two of these representatives to be selected from its own country and one from each of the other countries. This RECIPROCAL method of choosing Representatives will create an extraordinary assem- blage of Statesmen, who will constitute an impartial WORLD PARLIAMENT. B. All nations to enter into a UNIVERSAL ALLIANCE TREATY (Bond) which provided against violation of its terms, the forfeiture of heavy bonds furnished by the co-signers (bonds not their own issue) C. A suggestion for the formation and economical maintenance of an INTERNATIONAL DEFENSE ARMY (RECIPROCAL) 829757 r-^ SUGGESTIONS FOR THE ADVOCATES AND THE OPPONENTS OF THE LEAGUE OF NATIONS By Dr. Emil G. Beck, Chicago. The present conditions in Europe are so threatening that in the turmoil it is hardly possible for men to formulate a perfect agreement for a lasting peace. It would be like asking a man to write his will in a state of delirium. Documents of such paramount importance must be worked out under the most favor- able conditions. Serenity of mind and composure are essential for the discussion of the innumerable phases of this tremendous problem. The expression of opinion of the people of each country is also very essential, as they are to be the real bearers of the burdens, and recipients of the benefits resulting from the new order of things. This does not mean that the questions should be submitted to a referendum. The matter is too com- plicated, too large, and too intricate to be left to a majority vote of laymen. Even authorities on International questions, the ex- perts, are divided in their opinion as to the practicabil- ity and soundness of the covenant of the League. ![:'Trfit\*falla3:y.*.of'such a way of solving the problem is analagous'to' the following: Suppose a man were ill and the best experts were called in consultation but could not agree upon a diagnosis and treatment. If in this dilemma one of the experts should suggest leaving the diagnosis to the members of the family, would we consider that the best way of curing the patient ? Our Representatives in Congress, and in the Senate whom the citizens elect to act for them, are no doubt better judges and they should decide whether the covenant should be accepted, modified or rejected. While we are waiting for the settlement of Euro- pean affairs, let us have practical suggestions from those who have any to offer. It is possible that from some obscure source, an idea, very simple perhaps, may come which will appeal to those who are now studying the problem and help them to evolve a plan devoid of the objections now raised by the adversaries of the League. May I be permitted at this time to make some suggestions? I wish to bring to the attention of the reader first an abstract of the plan which I submitted two years ago to the State Department at Washington, which plan has also been in the hands of Colonel House and all Senators since January, 1917. The two principal suggestions contained therein deal with the very points now being threshed out, and their adoption, possibly in a modified form, may help to solve the problem. A. RECIPROCAL REPRESENTATION IN A WORLD'S ASSEMBLY. B. INTERNATIONAL BONDING. (Origin- ally published in 1917.) The main barrier to a lasting pease is the unfor- tunate circumstance that nations do not trust one another sufficiently to allow matters of dispute to be adjusted by a Court of Arbitration. They are not yet willing to submit vital issues for arbitration to a body of judges delegated by the different nations, unless they are convinced that in the hands of these judges their interests will be safeguarded to at least the same degree as they would be by force of arms. They fear that even men with the highest ideals ; with the greatest respect for the rights of others, and with the strongest desire to be impartial, would when their native land is threatened, unconsciously decide in favor of their own country. Quoting Prof. Adler: "The Judges you secure may be upright men, but the bias in the blood will tell. We had this exem- plified among ourselves in the case of the Hayes- Tilden Commission. The country was on the verge of civil war. It was finally decided to pass the matter in dispute over to fifteen jurists, the best in the country. No one doubted their uprightness nor their disposition to be fair; but every time they voted on a material question, the Commission stood eight to seven. Eight Republicans to seven Demo- crats. And the impartial historian says that it was the bias of party which in this crucial instance, though they were not conscious of it, gave direction to the legal mind." It will be very difficult to secure an absolutely im- partial Court of Arbitration; a Court constituted to guard against possible formation of cliques, the mem- bers of which in deciding vital issues, might cast their votes for the country which they favor or to which they owe allegiance. It is thus evident that before a League of Nations or any other form of affiliation of nations can succeed, this one obstacle must be elim- inated. To overcome this vital objection, I make the following suggestion : As a basis for working out a plan, I have applied two fundamental principles, namely: 1. THAT RECIPROCITY IS THE MOST PO- TENT FACTOR IN RETAINING THE FRIENDSHIP OF A NEIGHBOR. 2. THAT A BOND STRENGTHENS A PROM- ISE. The two principles are applied in the formation of A. AN INTERNATIONAL LEGISLATIVE BODY WITH JUDICIAL AND EXECUTIVE POWERS. (CHOSEN RECIPROCALLY) B. THE SIGNING OF AN INTERNATIONAL TREATY AGAINST WARS, SECURED BY HEAVY BONDING, EACH NATION TO FURNISH FOREIGN BONDS. A. INTERNATIONAL LEGISLATIVE BODY WITH JUDICIAL POWER (RECIPROCAL) INSTEAD OF EACH NATION SELECTING ITS REPRESENTATIVES FROM AMONG ITS OWN CITIZENS, EACH SHOULD CHOOSE TWO FROM ITS OWN, AND FIVE OR MORE ADDITIONAL REPRESENTATIVES FROM OTHER NATIONS, BUT NO MORE THAN ONE FROM ANY ONE FOREIGN COUNTRY. THUS ALL NATIONS WOULD HAVE AN OPPOR- TUNITY OF CHOOSING MEN WELL KNOWN TO THEM, IN WHOSE INTEGRITY AND HON- ESTY THEY HAVE THE FULLEST CONFI- DENCE AND TO WHOM THEY WOULD UNHESITATINGLY SUBMIT MATTERS OF INTERNATIONAL DISPUTE. In England the members of Parliament are not always chosen from the counties and boroughs in which they live. Why can not the same principle be used internationally? By employing this system of choosing Representa- tives, the danger of partiality to one's own country would materially diminish. Each representative would consider it a point of honor to deal fairly with the country which placed implicit confidence in him. For self interest he would act impartially, because his own country, in turn, is dependent upon the honesty and fairness of that foreign representative which it has selected. Such interlocking representation would undoubtedly fuse the interests of nations and the per- sonal contact of the representatives would inevitably result in friendly relationship among nations. Recip- rocity of delegates would thus create the strongest bond possible between the powers. A simple illustra- tion may serve to show how this principle of recip- rocity and allegiance to both sides operates between man and man. A and B, two life-long friends make a vow never to quarrel over business matters. To provide against a possible break in their friendship A suggests that in the event of a dispute they leave the matter to a third party; a mutual friend of both. This third party (C), however, happens to be a relative of B. C agrees to be arbitrator and promises that he will be loyal to both his friend and his relative, in case a dispute should ever arise. The unexpected happens; A and B have fallen out on account of a misunderstanding in a large financial deal. C is called to act as arbitrator. He is morally bound to his friend to be just and fair, and at the same time is very anxious to safeguard the interests of his relative. His allegiance is divided. It is in such a situation that each delegate to the Inter- national Court of Arbitral Justice would find himself. He owes his allegiance to his country; but he is also in honor bound not to betray the nation which placed such confidence in him in selecting him as its repre- sentative, with full knowledge that he was a citizen of a foreign country. This principle of choosing Representatives, once adopted, would open the way for further elaboration of details, which must, of course, be worked out by statesmen such as those composing the Advisory Board, now gathering to work out a feasible plan. The members of this international assembly might select from their midst a smaller number to form an INTERNATIONAL SUPREME COURT OF AP- PEALS to whose final decision any dispute would be referred, should it fail to obtain satisfactory settle- ment by the International Court of Justice. Whether all countries should be admitted to the League and whether all countries should have an equal number of representatives is a matter for the Advis- ory Board to establish. It is my humble opinion that there should be an equal but small number of Repre- sentatives; not more than seven from each nation. The voting power of all nations should, however, not he the same. The latter should be based on the fol- lowing conditions: (A) Population (B) Commerce (shipping, banking, manufactur- ing, mining) 9 (C) Wealth (Natural resources, Accumulated im- proved property) (D) Educational qualifications (possibly based on literacy) To grant each nation, whether large or small, rich or poor, the giant or dwarf in Commerce and Finance, the same voting power, would lead to great inequality and injustice. It cannot be based on one factor alone, several factors must be taken into account. If popu- lation alone were the guide, then China with four millions of inhabitants would have a voting power four times as great as the United States, and eighty times as great as Switzerland ; and similar inequalities would arise if commerce or wealth alone were taken as a guide for establishing the number of votes to which each country should be entitled. If, therefore, by proper calculation, each country were allotted a number of voting units based upon each of the above mentioned factors, no one could find fault with the method, especially if reciprocal representation were in operation ; for this alone would insure to the nation having small voting power the security of justice. B. INTERNATIONAL ALLIANCE TREATY What measures shall be taken to compel a nation to live up to its new treaties? NEW TREATIES will have to be entered into and here difficulties will 10 arise. At present treaties are not regarded with the same confidence and respect by the powers as they were before this war. We have striking examples to prove this fact. The Allies will be reluctant to sign new treaties unless absolute assurance is given that some power even greater than the sword will compel the co-signers to live up to their agreements. They will demand a positive guarantee that the signing of the papers is not a mere formality and that the treaty will not become a mere scrap of paper when its terms conflict with the interests of one of the co-signers. What satisfactory guarantee could be given? I make the following suggestion: LET THE NATIONS ENTER INTO A TREATY WHICH EMBODIES PRACTICALLY A CODE OF INTERNATIONAL LAWS, TO BE WORKED OUT BY THE INTERNATIONAL ASSEMBLY, THIS TREATY BINDING THE NATIONS TO ITS OBSERVANCE BY A SUBSTANTIAL BOND OF THE SIGNERS. The objection may be raised that should a real emergency arise a nation might repudiate its bond. This objection may be met by providing that the bonds furnished by a nation shall not be paper of its own issue but securities bought of other countries, thus making their repudiation practically impossible. To illustrate the latter proposition: Japan, for in- stance, would deposit securities purchased from other countries. The amounts purchased from each coun- 11 try to be so proportioned as to furnish a certain per- centage of securities of as many countries as possible, for instance: 10% of French Bonds, 10% of English Bonds, 10% of U. S. Bonds, 5% of Swiss Bonds, 5% of Argentine Bonds, 60% of other countries. ^' Government or Industrial England, Russia, United States, and all other coun- tries entering the League to do likewise. The aggre- gate deposit by each nation must be so large as to make it prohibitive for that nation to forfeit it. The bonds shall be placed in the hands of an IN- TERNATIONAL BOARD OF TRUSTEES, chosen by all the countries which enter into this international agreement. Special treaties between individual nations need not be secured by any additional bonds, because all ques- tions of dispute would be settled by an International Court of Arbitration and its decision would be binding. 12 c. A RECIPROCITY ARMY We must, however, bear in mind that in the present turmoil it would be inexpedient to make a very radical reduction in the naval or military strength of the world. Radical changes must not be made suddenly. For this reason, it will be necessary for the present, for each country to maintain a certain military and naval force until there is a readjustment of present international affairs. Time will change conditions; the relations among nations will again become fra- ternal; but until such time, we must retain a weapon aside from these agreements. A more potent re- straint must be kept in order to check an ambitious belligerent who might suddenly break all rules and promises should he become involved in a controversy which he beHeves is not ad judicable. If, then, for the present, it is absolutely necessary to retain a certain amount of force as a safeguard, could we suggest some practical and economical main- tenance of a RECIPROCITY DEFENSE ARMY? If the nations were assured that they could count upon each other for their combined but small forces against an aggressor, it would be entirely superfluous for each of them to maintain a large military organ- ization. On the other hand, if each nation must indi- vidually protect its own rights and interests, each would be obliged to maintain an army so large that at any time it might be pitted against a combination of 13 other powers who are equally prepared. This stu- pendous competition in preparedness has in the past absorbed a large part of the energy and the savings of the human race. Why can not the powers combine their forces and keep them in readiness for an emer- gency? A small force allotted to each nation in its proper proportion would be just as effective as a large force on each side, and it would be vastly more econ- omical. I would, therefore, suggest a plan most econ- omical and at the same time sufficiently effective to check any attempt on the part of any nation to create war. A. Each nation to have a small standing army of well trained, well paid soldiers, not larger than is ac- tually necessary to protect itself against internal dis- turbances. B. The armies of all countries should have a com- bined general staff so that the armies may be trained on the same principles of warfare and should be so organized that at the shortest notice a call would bring together a force large enough to check aggression. C. Finally, a number of regiments of the army of one country should be stationed in diiferent sections of foreign countries for a stated period. For illus- tration — an American soldier would serve one year at home, six months in France and six months in Italy and the French or Italian soldier would have a like experience. This would give all armies an equal chance to perfect themselves in military training and 14 become acquainted with the military tactics of all countries. At the same time, the military force of all countries would become familiar with the terrain of the various countries, which, in case of a sudden out- break of war, would be a great advantage to the combined powers in checking the aggressor. This plan is not intended to replace other plans — it merely offers some suggestions based upon fund- amental principles which may be incorporated into the plans already under consideration. Only the most optimistic could have hoped that the Covenant of the League of Nations drafted at Ver- sailles would pass without opposition. No sooner did the text appear in the press than opposition rang out in the Senate of the United States. Convincing argu- ments by the opponents clashed with equally convinc- ing arguments by the President and the advocates of the League. Let us not doubt the sincerity of those who oppose or advocate its adoption; and listen to both sides. If the League in its present form is not perfect, let us improve it so as to make it acceptable to all. It will probably never be perfect. All nations will have to make some concessions if the world is to be spared a repetition of such a catastrophe as we have just gone through. The League must fulfill certain requirements: I. It must prevent future wars, for that is its main object. 15 2. It must not impair to any considerable degree the sovereignty of any nation. 3. It must simplify rather than complicate inter- national relations. 4. It must create more friendly relations between nations. If the present constitution of the League of Nations had fulfilled these requirements, so many objections from the Senators would not have arisen for these gen- tlemen would welcome a covenant which gave assurance against war, providing it did not seriously conflict with the traditions of the United States of America. While there are a great many objectors to the League of Nations in its present form, very few people are abso- lutely opposed to some sort of a League. Why cannot the chosen Representatives of partici- pating nations draft an agreement so wisely and so carefully as to make it accepable and safe for all? They can, but it cannot be done in haste. OTHER SUGGESTIONS: The League of Nations should make its start in the most simple form. Its main object for the present should be the prevention of future wars. Other in- ternational questions (except those which are essential to the initial program of the League of Nations, as 16 for instance, disarmament) should be left out for the present. The League once in operation would admit of additions later on. Let us then make a start and gradually enlarge its scope as we see it work. Questions of labor and capital, immigration, and of trade may be included later, if the nations so desire. By including too many problems in the initial document of the League of Nations, we invite too many objections and objectors. After the fundamentals have been accepted, other questions will readily yield to inclusion because the machinery will then be in operation. Has not the League Document in its present form raised too many questions? Note the opposition and the arguments advanced against the League by the Senators : "It will conflict with the Monroe Doctrine" is one. "It will give England too great a voting power" is another. "It will invite war instead of preventing it" another, and quite a number of very potent and justifiable ob- jections. If no one invalidates these objections — the League of Nations is likely to stand alone and take the chance that all nations will remain friendly to us, even if we are very careful not to offend them. Could we in the case of an American-Mexican controversy be sure that Japan would keep her hands off American 17 shores? And since time changes the relations and feelings of men, we cannot know who will be our friends and who our enemies fifty years hence. Another valid objection to our conclusion from the League is the fact that preparedness is not a suffi- cient security against war. War has taught its pupils a fine lesson — one man may kill a thousand with one stroke. Science may yet invent such effective instru- ments of death that one aeroplane, obscured by the clouds, may, by dropping one poisonous bomb, exterm- inate all animate matter within a radius of a mile or more. It would not require a large equipped army to do the damage. One man can do that if he is daring and skillful and thus a small and poor nation such as Mexico, might hold a weapon which would be a con- stant terror, no matter how strong and well prepared we might be. The only factor deterring one nation from attack- ing another in the future, will be the fear of offending the concert of nations. Those who isolate themselves and proclaim that they are ready to take care of themselves in all emergencies, will be deprived of this one and all important protection. The opponents to a League must be convinced that its adoption is inevitable. Their opposition, however, is also necessary because it will bring out the weak points in the League and lead to the perfection of the document. 18 The suggestions here offered will, I believe, over- come some of the objections advanced by our Sena- tors: 1. The reciprocal method of choosing the Repre- sentatives would, in a measure, remedy the "unbal- anced vote question." The comments by the most conservative statesmen upon this novel method indi- cates that there is considerable merit in such a system. It balances the obligation of fidelity of each delegate. It may not be perfect but it may be a practical founda- tion for further developments. 2. The bonding of nations is a guarantee against breaking treaties. Bankers and leaders in interna- tional law have, as a rule, commented favorably upon the feasibility of this feature and its practical applica- tion ; but others have objected to it, claiming that the nations would prefer a gentleman's agreement to pen- alty methods. This objection may be valid but it is open to ques- tion. Is the requirement of a bond a reflection upon the integrity of a nation? The most reverend gentle- man in the country — even the Chief Justice of the Supreme Court, — if he wished to make a large loan, would be asked by the banker to schedule his prop- erty or give a guarantee. Past experiences has shown that all nations cannot be trusted on a gentleman's agreement. Without a thorough study of the appHcation of bond- 19 ing, one is apt to discard it by the very simple com- ment : "Money did not keep the nations from the last war, why should it in the future?" This is a very superficial argument — it lacks the knowledge of psychology. A nation once in the struggle will spend its last dollar to win, — it does not count the cost or consider how it will pay its debts. Quite different would be their attitude if a large sum would have to be forfeited the moment they start to fight. The aggressor would deliberate, before he made his first move, knowing that the moment he broke his word and started a conflict, he would forfeit an enormous sum. The psychology of recklessness of man when in danger and the conservatism when in security may be illustrated by comparing the usual attitude of man when he is well or when very ill. When he is well, he is apt to hesitate to spend a dollar to prevent sick- ness, but let him be overtaken by a serious illness and he will ask for the most expensive consultant. So a nation will hesitate to start a conflict with the uncer- tainty of winning and the absolute certainty of for- feiting its bonds whether they win or lose. Would the bonding not be at least a formidable deterrent to war? Judging from the opinions of statesmen and pro- fessors of international law to whom a previous copy of this paper has been submitted, I am confident that 20 an INTERNATIONAL LEGISLATIVE BODY chosen by the RECIPROCAL method and a diplo- matically drawn-up JOINT TREATY OF ALL NA- TIONS (with the additional safeguard of a heavy BOND against its violations) would be a certain step towards the realization of a lasting peace. 21 THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW AN INITIAL FINE OF 25 CENTS WILL BE ASSESSED FOR FAILURE TO RETURN THIS BOOK ON THE DATE DUE. THE PENALTY WILL INCREASE TO 50 CENTS ON THE FOURTH DAY AND TO $1.00 ON THE SEVENTH DAY OVERDUE. APR 26 MO MAR 24 1841 SEP 4 1342 ftft^iR 18 V943 j LD 21-100m-7,'39(402s) i Photomount Pamphlet Binder Gayiord Bros., Inc. Makers Stockton, Calif. PAT. JAN. 21, 1908 X 829757 THE UNIVERSITY OF CALIFORNIA UBRARY