WRIGHT— POWER TO MEET RESPONSIBILITIES. 313 



mission of jurists in 1920 and approved with modifications by the 

 council and by the First Assembly and ratified at that time by 29 

 members of the League.^" An international court of claims before 

 which private individuals might bring cases against governments has 

 also been suggested. With reference to such a court Borchard says : ^^ 



" The divorce of pecuniary claims from political considerations a union, 

 which now not only results in inexact justice, but often gross injustice, and 

 the submission of such claims to the determination of an independent tribunal, 

 must make a universal appeal to man's sentiment for justice." 



C. Power to Perform National Obligations. 



149. Appropriations. 



A decision having been made as to what action is required in 

 order to meet the obligation, it becomes the duty of organs em- 

 powered thereto by the Constitution to perform those acts. 



Under the power to raise taxes for the general welfare, Congress 

 undoubtedly has power to make appropriations for this purpose. 

 Where Congress itself has decided that the obligation is due it will 

 of course make the appropriation. Where a decision by a na- 

 tional court acting within its jurisdiction or an international arbitra- 

 tion court has been given, appropriations have been made as a 

 matter of course. Where the Department of State has admitted 

 the validity of a claim Congress has generally made the appropria- 

 tion. Thus on January 30, 1896, Secretary of State Olney, after 

 discussion with the Italian Ambassador with reference to the lynch- 

 ing of three Italian citizens in Colorado, reported to the President: 

 " The facts are without dispute and no comment or argument can 

 add to the force of their appeal to the generous consideration of 

 Congress." ^^ 



80 For draft plan of organization by Root et al. see Am. Jl. Int. Law, 

 Supp., 14: 371 (Oct., 1920), and for code as adopted see A League of Nations, 

 4: 281 et scq. 13 additional states had signed but not ratified the code in 

 September 1921 and 13 states had accepted the clause providing for com- 

 pulsory jurisdiction, ibid., 278, 291. 



81 Borchard, op. cit., p. 864. See also pp. 328. 373, 443. 



82 U. S. For. Rel., 1895, 2: 938; Moore, Digest, 6: 842. 



