« AnteriorContinuar »
cases of this nature the Chief Justice expressed the views of the court.
In the case of Ponce v. Roman Catholic Church (210 U. S. 296)
These are but a paltry few of the cases decided and opinions delivered by these two jurists. It would involve an examination of between seventy-five and a hundred volumes of reports to give them all: the few that are cited have been selected to show what broad subjects they were called upon to consider and how they were able to meet the great questions involved as they arose.
It is impossible to attempt to estimate the weight of their utterances and the effect they will have in future years, but it certainly can be said that these men assisted in developing in accordance with good conscience and in the right direction, the great body of legal principles with which they dealt in administering justice between their fellow men, and no one can deny that each fulfilled both in letter and spirit the oath which he took on his accession to the bench “ to administer justice without respect to persons, do equal right to the poor and to the rich and to faithfully discharge the duties incumbent upon him.”
But there is another phase of the lives of these men which deeply impressed all who knew them intimately. There was a divinely human side to each. The hand that could without a tremor sign the decree that settled the fate in the pending controversy of man or State or nation could yet reach forth and hand a cup of cold water to the least who needed it. There was intellect, but there was heart also; each was a consistent and zealous Christian, in private life as well as in the church; and each held high office in his own denomination.
Each recognized his duty to his fellow man and did his best to fulfil it.
Notwithstanding their arduous labors on the bench each found some time to devote to the affairs of their fellow men. The Chief Justice gave a full quota of attention to the Smithsonian Institution, of which
he was the chancellor, and to the Peabody Education Fund, of which
I live for those who love me
For the good that I may do.
He died suddenly, but not the unprepared death from which we pray to be delivered. When the unexpected intelligence was conveyed to me I could not but think of Mrs. Barbauld's poem on Life," and seemed to hear our dear friend exclaim
Life! we've been long together,
“ Even so
- and in the same affectionate spirit let us say of them both — “ They rest from their labors and their works do follow them.”
THE FOURTH INTERNATIONAL AMERICAN CONFERENCE
The Fourth International Conference of the American Republics held its meetings in the city of Buenos Aires in July and August. The date of the conference is memorable as coinciding with the celebration of the centenary of Spanish American independence. Among all the features of the celebration of this great historical event there stands out prominently the meeting of representatives of the American republics for the discussion of the common interests of all America. The motions of homage and of condolence which were adopted by the conference well express the feeling of a common destiny and the mutual sympathy that animates the republics. The death of the great Chilian statesman and leader, President Montt, as well as the disaster which recently befell Costa Rica, when Cartago was destroyed by an earthquake, gave rise to a spontaneous and dignified expression of the common participation in such sorrows. On the other hand, on the different dates when individual American republies commemorated their independence there came an eloquent expression of the common pride in historic achievements, and the appreciation of how strongly the American republics are bound together through the course which their development has taken. The commemoration of the centenary is, according to a resolution of the conference, to take a visible form in the American products exhibition to be founded and maintained in Buenos Aires through cooperation among all the countries of America.
Turning to the work performed by the conference in the development of international administrative law, we encounter the fact that expectations are often entertained in relation to international conferences which in the nature of things are not justified. It is the purpose of a general international conference to determine a basis upon which
unanimous or almost unanimous action may be had. It can not in the space of a few weeks solve all political questions of an international nature, far less can it reform the world by entering into and attempting to deal with the domestic problems of different nations. The Fourth Pan-American conference did not escape the unfavorable criticism born of such unpracticable views; but it must also be said that the responsible press of South America, when it came to consider the results of the conference, showed a high degree of appreciation of the exact nature of the work which these great international meetings can perform. The conference itself waived all purely doctrinaire discussions and dedicated itself from the start to the practical solution of specific problems. It was not, indeed, unmindful of the great principles which underlie the solidarity of America. To these, eloquent expression was given from old and new points of view; but it was the unmistakable feeling among the delegates assembled that the relations of the American republics to each other were well enough settled as regards their general character, to enable the continental conference to pass on to the order of the day and to transact the specific business before it. Isolated speeches involving a different conception were quietly listened to and respectfully consigned to the printed minutes of the conference. The practical character of the work to be done was emphasized through the reports made by the different governments, which indicated that since the last conference far more ratifications of Pan-American treaties had been made than ever before.
The work of the conference is embodied in four conventions and twenty resolutions, aside from the motions of a contgratulatory and commemorative nature. A draft convention was also adopted embodying the organic law of the Pan-American Union in Washington. The conventions cover such important subjects as patents, trade-marks, copyrights and pecuniary claims; while the resolutions deal with the organization of the Pan-American Union, inter-American steamship service, consular and customs regulations, census and statistics, the Pan-American Railway, sanitary police, the interchange of university professors and students, and the opening of the Panama Canal. Further resolutions express the thanks of the republics to Mr. Andrew Carnegie for his munificent donation towards the Pan-American Building and deal with the work of the Pan-American Scientific Congress. The permanent results embodied in, and to be expected from, this work are discussed in an article in this JOURNAL.1
1 Page 777.
The Fourth Pan-American Conference has given a new and strong expression to the solidarity existing among American countries. It is a notable fact that at a time when a great many differences separated the governments of individual countries, they could yet meet together and in perfect mutual confidence cooperate in the solution of many specific problems of American international life. All the prophets of evil came to grief. As the delegates became acquainted with each other a strong feeling of mutual confidence and of security grew up, so that alarmist reports and forecasts were heard with equanimity and amusement. The International Union of American Republics may indeed be said to be well established when its work can be done in this quiet and effective manner a manner which involves a sincere mutual confidence and a feeling that the bases upon which our common action rests are well settled by convention, custom, and intimate mutual understanding.
THE ANNEXATION OF KOREA TO JAPAN
In an editorial comment which appeared in the JOURNAL in April, 1907, the international status of Korea was considered, with a review of the changes which had taken place in the Hermit Kingdom from 1876 to 1906. As a result of an examination of the various treaties between Korea and Japan, the view was expressed that Korea had surrendered its independence and that it ceased to be a member of the family of nations; for, by the treaty of November 17, 1905, Japan took charge of the external relations of Korea, which agreed not to conclude any act or engagement of an international character, except through the intermediary of Japan. The establishment of the Residency-General and Residents in Korea by the Japanese Imperial Ordinance No. 267, promulgated December 20, 1905, was a natural consequence and logical development of the status created by the treaty of November 17, 1905. For an examination of the successive acts by which Japan assumed sovereignty over Korea, see the editorial comment referred to above, Vol. 1, pages 444–449.
It would seem that the agreement of 1905 and the government established in accordance therewith, have not worked satisfactorily, and on August 29, 1910, Japan and Korea concluded at treaty by which Korea was formally annexed to Japan. The agreement of 1905 was in fact, if not in theory, virtual annexation, but the treaty of August 29, 1910, annexes Korea and incorporates it with the Japanese Empire under the