INTERNATIONAL LAW AT THE FIRST PAN-AMERICAN SCIENTIFIC CONGRESS

At the sessions of the First Pan-American Scientific Congress, which were held at Santiago, Chile, from December 25, 1908, to January 5, 1909, the subject of international law received a great amount of attention. The discussion of international law problems was participated in by many noted specialists and excited great public interest, which centered especially around the problem proposed by Señor Alexandro Alvarez1 as to whether there can be said to exist a special American international Señor Alvarez, the Councillor of the Chilian Foreign Office, and Professor Sa Viana, of Rio de Janeiro, presented papers on this subject. On the basis of these papers and the discussions thereof, the section of the Congress adopted the following resolution which was later sanctioned by the Congress itself:

The First Pan-American Scientific Congress recognizes that in the New World there exist problems suo generis and of a character completely American; and that the states of this hemisphere have regulated by means of more or less general treaties, matters which interest only themselves or which, though of a universal interest, have as yet not been incorporated in a world-wide convention. In this last case there have been incorporated in international law principles of American origin. The sum of these materials constitutes what may be called American problems and situations in international law. The Congress recommends to all states of this continent that in their faculties of jurisprudence and the social sciences, there shall be given special attention to the study of this subject.

Señor Alvarez, the mover of this resolution, did not desire to propose the establishment of a separate system of international law, but intended merely to point out the fact that on account of the diversity of origin of political institutions, of historical development, and of natural conditions, there exist on the American continent a series of special and characteristic problems which require special attention, and which cannot be solved by a merely imitative study of the established principles of European international law. As in certain matters, America has led the way in the past, so also, in the future, it is desirable that her countries should have a definite. American policy in international law naturally flowing out of the special conditions of their political and economic life.

Another subject which aroused discussion was the policy of the mostfavored-nation clause. Señor Ernesto Frias of Uruguay read a paper on this subject, in which he favored the abandonment of the mostfavored-nation clause for a policy of maximum. minimum, and special

1 See Mr. Alvarez's article on this subject, ante, p. 269.

tariffs. Señor Julio Philippi, of Chile, who also read a paper, did not fully agree with Señor Frias upon the incompatibility of the mostfavored-nation clause with the other systems of tariff policy. He acknowledged the inconvenience caused by the uncertainty as to the interpretation of the most-favored-nation clause, and advocated that nations stipulating for the clause should indicate in the same treaty what interpretation was to be followed. As a result of this discussion, the following resolution was voted:

The Pan-American Scientific Congress, in view of the difficulties which have been caused by the interpretation of the most-favored-nation clause, recommends that the bearing of the clause should be defined in each treaty in which it is stipulated. When the most-favored-nation clause is granted, the respective gov ernments should remain free to make special concessions to neighboring countries.

Señor Jose Francisco Urrutia, the Minister of Foreign Affairs of the Republic of Colombia, contributed two papers-one on the "Evolution of the Principle of Arbitration in America," the other on the "Adhesion of American Countries to certain Principles or Treaties of World-wide Character." These papers were read in abstract by General Rafael UribeUribe, who also took a leading part in the discussions of the section. Señor Marcial Martinez de Ferrari read a paper on the "Results of the Second Hague Conference," at the conclusion of which he proposed the following resolution:

It is of positive importance, not only for America, but for the world, that the countries of America should be in accord upon the principles which, as far as they are concerned, represent an effective advance in international relations, and which may later receive acceptance in international conferencs and specially in the Hague Conference.

66 International Administrative

Mr. Paul S. Reinsch read a paper on Law in its Relations to the American States," in which he outlined the development of joint action in international unions and the opportunities for usefulness in the Union of American Republics. At the conclusion of the paper, it was voted that

The Congress recognizes the importance of the assistance which governments mutually lend each other in their administrative action, and in order to foment the development of these relations, it declares its readiness to cooperate, within the field of investigation and scientific information, in the work which is carried on by the International Union of American Republics, the Bureau established in Washington, and the Pan-American commissions recently created in the different countries of the continent.

In the field of international politics, Mr. Archibald C. Coolidge read a paper on "America in the Pacific," in which he dealt with the relations. of American countries with the Orient. The section met under the presidency of Mr. Leo S. Rowe.

The papers presented contained an abundance of interesting material upon American precedents in international law. The illustrations used by South-American writers would naturally be taken largely from the experience of their own and neighboring nations. In the discussions a truly American spirit prevailed and there was no desire unduly to press the point of view of any particular government. The guiding purpose

which had animated the men who prepared the Congress was the essential unity of American science. They considered it desirable that a representative Congress should consider the specific basis and achievements of American science in all its branches. The discussions in the section on international law were in full accord with this purpose. While in no sense favoring a secession from the universal science of international law, the men here assembled attempted to determine the general character and outline of those problems which the American science of international law must solve for itself, either because of conditions in our countries which do not prevail in other continents, or because of the fact that we have come to an accord upon certain principles which as yet have not been made a part of universal international law.

THE RESTORATION OF CUBAN SELF-GOVERNMENT

For the second time within the administration of President Roosevelt Cuba has been evacuated by American forces and turned over to the duly constituted government of the republic. As is well known. the war between the United States and Spain was caused by the unsatisfactory condition of Cuba, and the occupation of Cuba by American forces, begun in 1898, was continued until May 20, 1902, when President Palma assumed office. During the summer and fall of 1906 a revolution broke out in Cuba which paralyzed not merely the government but threatened its international position so that the United States felt constrained under the treaty between it and Cuba, dated May 22, 1903, and by virtue of Annex 3 of the Cuban Constitution of May 20, 1902, to intervene "for the preservation of Cuban independence, the maintenance of a government adequate for the protection of life, property, and individual liberty, and for discharging the obligations with

respect to Cuba imposed by the treaty of Paris on the United States, now to be assumed and undertaken by the government of Cuba."

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In order to ascertain the exact situation in Cuba, the President sent the Honorable William H. Taft, then secretary of war, and the Honorable Robert Bacon, then assistant secretary of state, to Cuba, the former of whom assumed the office of provisional governor of Cuba by procla mation, proclaimed amnesty, issued decree number eleven declaring the congress of Cuba in recess during the provisional government of Cuba, and on October 13, 1906, turned the provisional government over to Governor Magoon. Governor Magoon remained in office ably and conscientiously administering the trust reposed in him by the President and the people of Cuba from October 13, 1906, until January 28, 1909, when President Gomez assumed office.

In order that the American occupation and its services to Cuba may be properly estimated a brief résumé is given of the laws drafted and promulgated by the provisional government:

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1. An elaborate Electoral Law, granting manhood suffrage and framed after the most advanced Australian ballot system, dated December 12, 1907: for the election of municipal and provincial officers on August 1, 1908, and for a general election for President, Vice-President, etc., on November 14, 1908.

2. An Organic Provincial Law promulgated May 29, 1908, in force October 1. 1908. Under the law prevailing at the time we assumed the government, the Cuban Congress had legislated generally and the municipalities locally for all land under their jurisdiction. As the whole territory of Cuba was covered by municipal jurisdiction, nothing was left for the provincial authorities to legislate upon or to administer except public works, and the major portion of the provincial revenues collected were expended on personnel, in salaries and expenses.

The limitation of powers of provincial officials is the same under the new law, but it prescribes the portion of the revenue collected which may be spent upon salaries and general expenses.

3. An Organic Municipal Law, promulgated May 29, 1908, in effect October 1, 1908, making the municipalities entirely autonomous, without any interference by the general government in their local affairs. No provincial government is needed

1 For a more extended account of the nature of the second intervention in Cuba see this Journal, 1:149-50.

2 Cuban Gazette, September 29, 1906.

3 Id., October 10, 1906.

4 Id., October 12, 1906.

5 Id., October 13, 1906.

The facts concerning the legislation passed in Cuba under the provisional government were furnished by Paul Charlton, Esq., law clerk of the Bureau of Insular Affairs, War Department, Washington.

under the system heretofore and now prevailing in Cuba, but the establishment of such government is demanded by Cuban public sentiment, most likely for the reason that it affords places and emoluments to willing patriots.

4. A Judiciary Law. The body of the law in force in Cuba consists of enactments originally intended to apply to the Spanish Peninsula, and extended by royal decree or order to Cuba, as the same have been from time to time modified and amended by royal and military orders, and by laws enacted by the Cuban Congress during the Palma administration.

Under this law the supreme judges are to be appointed by the president with the advice and consent of the Cuban senate; all other judicial officers, excepting municipal judges, are to be appointed by the president from ternaries submitted by the Chamber of Administration of the Supreme Court.

Judicial appointments, under the Supreme Court, are originally made for four years. If the judge so appointed is satisfactory, his reappointment follows for a term of six years, and if still satisfactory at the end of said term he is reappointed for life, and is subject to removal only by impeachment.

5. A Civil Service Law, modeled on that of the United States, promulgated to take effect at the end of the fiscal year. As all appointive offices will then be filled, and the persons so appointed under the terms of the law pass into the civil service, its effect will not be manifest except in the future.

6. Law of the Executive Power. This makes legal provision for the administration of the Executive departments which are: State, Justice, Government, Treasury, Public Works, Public Instruction, Sanitation, Charities, Agriculture, and Commerce and Labor.

The foregoing laws furnish a complete political code for Cuba. Beside them there were promulgated the following laws:

The Law of Armed Forces, providing for a rural guard and permanent army. Code of Military Justice, providing articles of war.

A Game Law.

In addition there were submitted, and now await the action of the Cuban congress, laws on drainage and irrigation, telephones, notaries,

and mortgages.

Legislation is urgently required on the following questions: Revision of the codes, laws for public instruction, railways, eminent domain, public works, administrative contracts, forestry, mines, and patents.

The foregoing laws were all drafted by an advisory commission appointed by the provisional governor, composed of nine Cubans representing the several political parties, and three Americans, and was headed by Colonel E. H. Crowder, General Staff, U. S. A., as its president.

During the provisional government there was expended on roads, bridges, harbors, light-houses, and other public works $22,956,659.36, the average yearly budget for the period amounting to about twenty