18 MARCH 1911, Page 2

The crux is of course the constitution of the tribunal.

For ourselves we should be perfectly willing to take three judges from each country and let one retire by lot in order to avoid the risk of the court being equally divided. If, however, that is thought to be too much hke "tossing" for a decision, then no doubt it will be necessary to bring in some outside arbitrator. The defect of an outs:de arbitrator is that he will not have that intellectual sympathy which belongs to those who possess the heritage of the common law of England—a system which binds the supreme judiciary of America as much as it binds our own judges. The common law of England, as Chief Justice Marshall laid down, is part of the law of the United States.