The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-01-21
ARBITRATION WON'T-DO.
Judge Martin Says it Will Fail While
England Continues Aggressive.

At the session of the State Bar as
ISOLATION held in the new supreme court
room last evening the principal address
was made by ex-Chief Justice David
Martin. Judge Martin is president of
the association and his remarks were
his annual address. The room was
comfortably filled with lawyers and
Iadiese.
Judge Martins address was an ex-
hauStive discussion of arbitration as
means of interna tional peace.
He traced the early differences which
this country had, also the troubles of
England with other nations, and show
ed that it was almost impossible to OBJ
tain boards of arbitration which would
be thoroughly impartial, no matter how
honest their intentions.
In the Tilden-Hayes case he said
that had it not been for the party preju-
dice of the supreme court judges Mr..
Tilden might have been president.
Arbitration, said he, lis Tor the pur-
pose of making wars among civilized
people an impOSSibility."
The Speaker reviewed carefully the
conditions in the Behring sea troubles.
Russia never had any trouble in pro-
tecting the seal herd when she owned
States bought these islands and Alaska
from Russia we put patrolling schoon-
ers on the Behring sea to protect the
seals. When one of the British fishing
schooners was seized by one of these
patrolling boats England demanded an
investiga ton. This pelagic sealing of
the English bore about as much rela-
ton to American fishing as a joint or
hole in the wall ON Kansas avenue bears
to Crosby Bros store on the same
thoroughfare.
If a Texas steer wanders into Mexico
and a Mexican picks it up, it is still the
property of the Texas cowboy, and the
who took it up is thief. The seal
is not an outlaw, and this nation should
never allow Great Britain to make this
pretension.
We have a-elass of American states
men who say to England: If you don't
see what you want ask for it, Pretty
soon won't have anything more to
give Great Britain.
We all admit that the effect of arbi-
tration on war is greatly overestimated.
We have never yet had a war which
could have been avoided by arbitration.
The legitimate scope of arbitration for
the settlement of international differ
ences is limited. Each nation must
frame its national code and defend it.
We should have asserted our rights in
the Behring sea troubles as Russia did
before US. The time has come when
current can be determined now only
by its tenor and effect. New York is
more British than American today.
Every measure coming from New York
must be carefully examined, and if
found to be in the least British, should
be branded as cOntraband, no matter
now labeled. New York Is 1nercenary-
Money rules New York. So long as
Great Britain continues her policy of
aggression we must hear the tramp,
tramp, tramp of armies on the land and
of naVieS frowning on the sea-.
Judge Martin was heartily applaud
ed as he closed his address. He next
introduced Judge Abram Bergen, who
gave personal recollections of Abraham
Lincoln as a lawyer.
Il had the fortunate opportunity
when I was a young lawyer" said the
judge, ''of being with Abraham Lincoln
in five county courts. He was tall and
awkward, and when sitting thinking his
face had an expression of human suffer-
ing in it. His brow, 1 noticed, pro-
jected fully two inches beyond his eyes
and under them it slanted back at an
angle of % degrees, which made his
eyes look the deeper set. When think
ing his eyes looked dull, but when talk
ing they flashed and his face lighted up
as if inspired. After he had delivered
his arguments there was little use of
argument further on either side.
'sWhen Lincoln was satisfied that his
case was wrong he became weak and
nervous But when convinced that it
was right he went through with great
power. To demonstrate a truth or
make odious a wrong he often mingled
the sublime with the ridiculous-the
spiritual with the sensual.