or in their legislative capacity, had the right to demand the opinions of the twelve judges of England."30 As to the origin and nature of the opinions so given the great authority on such matters says: "The giving of such opinions by judges is not an exercise of the judicial function. The relation of the English judges to the king, in former days, and their ancient place as assistants to the House of Lords, led to a practice, on the part of that House, as well as the king, of calling on them for advisory or 'consultative' opinions."31
In Anglo-American practice arguments of counsel play a great rôle and a case decided without argument is rarely looked upon as possessing the authority of one in which the judges have had help from counsel. For this reason the unaided opinions of the judges are held by the judges to be merely in the nature of advice and to have no weight as precedents.32
The official language of the court shall be French. The court may, at the request of the contesting parties, authorize another language to be used before it.
Heretofore the project has dealt with the organization of the court and its jurisdiction. We now have a court "in being," to press into the service of justice a much quoted naval phrase. But the court is for use, not ornament, and to be used, it is for the convenience both of the court and of the parties appearing before it that the procedure should be defined and known in advance.
The draft convention for the Court of Arbitral Justice provided in Article 22, that that court should follow "the rules of procedure laid down in the Convention for the pacific settlement of international disputes, except in so far as the procedure is laid down in the present____________________