New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-08-18
THE AMERICAN BAR.
ANNUAL SESSION OF THE ASSOCIATION
AT SARATOGA

AT SARATOGA.
WELCOMED BY CHIEF JUDGE PARKDh-PRhSi-
DENT uowrs ADDRESS ON FEDERAL
LEGISLATION AND TSTERNA-
rrovAL ARBITRATION.
eora+oaa y Y. Aug 1T-The American Bar
Association began It's annual session mere 'n.'
morning. There a large attendance OF well
known members OF the bar from all parts u III.
country The president. William WITT ho"e' u
Louisiana made the annual address Inc a'-
dress az welcome was made by Cniei judge
Alton T. Parker OF the Court or Appears
dent Howe In his address said;
In reviewing the work OF Federal legisiauon our
49, ~. las, veer VIC are AZ once confronted win
questions OF war, annexation ana cohques"
those OF us who took part IN the iate ClVii
GA knew what real war meant. u see'neu uI'
fortunate that our Nation should De asd" suN
.ected 20 o. trial by wager of battle. but 'ne "'a
came and we could only stand together eaen )"
his own way. for the flag TheIe - 10 Nso "
d,seu,se the evils OF such a conflict But we n'a!
look also at the compensauons OF caismny,
We bavs yellow Journalists and lingo poiiuciaie
who nlv their vocation at safe distance irc'" ,7
range Of even modern proiectiles' we ""'o :.
such men rs Dewey, Of Vermont; Saihpeo'
New-York: SchIey. OF Maryland Hooson' Vi A'"
American rnanhood--if were TO name 'he'n OIL
,,o,,a s,mn,v be calling roll OF thousands VI
heroes from North. South. East and Wes'-anu I
we feel that now. at east we nave oo-. -,a
country wherein we NAV forget our conuo'e's.es
In the past. and together press iorN"'' "
better and higher National lie
EDUCATED SKILL
.o,S.- o,ronensation may perhaps be found IN
enc tr,,mphs Of educated skill which nave thus
,or illustrated the progress Of the war we an
rcmerober no doubt. during years tnat arc pa'"
bou, so-ne member Of Congress would no" anu me-
emerge from his native Jungle ana rave "s W.. =
West Point and Annapolis. and the Ne"Poi'
CoI,eee and the Leavenworth Pos'-ui@u
School and declare that they were ho'ueuS -,
,r,.,ocracv and productive only OF dudes why
sbould the public money be wasted on cui'uio
an undemocratic? Why not apply ~ 10 ihi'io' =
,he navigation of Bitter Creek In me Nils oi ''.
members own district But when inns uIn'e ~,
,roube came we quickly found that IL was "
,hes. educated dudes" that we must look lot
Great deeds-from which facts those or US VINO
believe in the higher education In law, rs We" as
in other professions may take comioi' W Wa
souls. . a.. an
- - our ACCOMPLISHED and diligent secretary
brother John Hnkley. we may put on recoiu ."e
raason He Is now Captain Jonn HlhKie'' Va W,
6.b MARYLAND Volunteers. and at the "oiie"
write he Is In camp at Tampa having so"o ~.
the brave patriot he Ii, 10 hsht 'h' '
country. ,a ,.r,s,et,ve
q, character ia found in the orders OF the fres'-
dent addressed to the Secretary OF "ai va ~
18th of last month. concerning tho o0Su
Santiago and the administration OF us CIV. a.a-
by the Commanding General OF the o"i,eu 80
forces These orders were douotIess n"ue - -,
=, IN. rules recognized by the Supreme court "a
the United States In the case OF Le'tensooite DC
,Wehb 30 Howard, 176) The Court IN '
sroversy had occasion TO deal with 'he po"e' " -
Frscutive 10 establish government and law IN con
cuerad territory The came up from NC"
49,, 7, anneared that upon the acquisition IN
che vear 1916 by the armies OF the uniteo o'a'e''
Of the Territory OF New-Mexico, the CIV" so'e.-
.,nent OF that province having Oeeh o'e' 80
the commanding officer. General hearnS, :.
,np nossess,on for the United States IN virtue %
10 o,.r ., conquest and occupancy and in ooedi-
80 20 tho duty OF maintaining the security OIL
+ha inhabitants in their persons ana properly VI
sa,red under the sanction and authority OF INC
United States. a provisional or temporary e'''
eminent for the acquired country
A NEW SUPREMACY
TIL. Court said In regard to this action that by
AWE constitution Of new supremacy. although
- t-ner nolittcal relations Of the inhabitants
80 aissoved their private relations their rsh.s
wasted under the government or ther io'iHei az
legiauce or those arising from contract Vi osaee
remained IN full force and unchanged except SO Id.
1900
~ he IN conflict with the Constitution ana "a"
~ I-,,,aa States or with any regulation when
+hs conouerjnr or occupying authority should or
,dain" ... ~.
among the consequences con.ueu ~. n'
Court (which would be necessarily incioehl 'o INK
change Of sovereignty. would be the appo'ii'in.n
or control OF the agents by whom ana inc ihoue,
a. 49, ,na government Of the occupant should
=. ssu,,nisfered-this result being incispehsapie !"
order 10 secure those objects for winch s"oA
government is usually established
Referring 10 the new tribunals estaohsheo ny '"'
provisional government, the Court sa'o'
Of the validity Of these ordinances OF the pro'ie
vi Government there is made no question witt
respect TO the period during which inc 'e''''o'
was held by the United States as ocCupEnis GU"
oueror. and II would seem to admit OF no oouo
that during the period OF their vaIio ehls'ehc'
and operation these ordinances mus nA.
placed and superseded every previous insttn'io,
Of the yanouished or deposed political power whicf
was inconsistent with them.
7, ia IN accordance with these rules 1t Is sup
nosed that the President has made the ORDERS O
July u.s. ISIS -. -.
Tho document Is an interesting example OF w
exercise of power which might be SAID 70 lie a
one extreme OF a domain IN which the town meet
ing lies at the other extreme.
The annexation Of Hawaii and the possibility o
the acquisition Of other ISLANDS innapi'eo oy race
quite different from our own Will present man.
problems in law we'll as politics On the OF
hand we do not wish 10 abandon the idea OF
representative republican government devoted I
the securing OF the rational freedom OK the moi
vidual who cheerfully obeys It's laws because n
has made them by himself or his mandataries- ~
the othsr hand. we not quite prepared 10 De
,ieve that the gospel Of the town meeting VII
necessarily Re a means Of saving grace to the -
ands OF the tropIc sea
We may hope for the best but at the same Tim
they NAV have reasonable fears OF the iuture
might be well for Congress 10 consider a plan o