Evening star., 1901-04-16

tionaI authority and representative institu-
| tions. This example may raise the doubt
| whether republicanisIn in it's extreme form
| is adapted to these countries, or whether
some limitations should not be placed upon
| it. The present is probably Diaz's last
! term az he is now past seventy, and l be-
! leVe he is sincere in his expressed desire TO
retire to private life. The test of repuh-
| lican government will come when his sue
cessorS are to be chosen Not the hrst, but
| probably the second term will test the abil-
| ity OF the McSicans to choose their rulers
| in peace and observe republican practices.
! Mexico, like its southern neighbors, has
not yet fully proven it's capacity to con-
sistently follow these practices, and to
| peacefully and by constitutional methods
transmit the executive power from one
ruler to another
The subject of the ability of South Amer
| lean peoples to govern themselves, said MIR.
| Foster, had special interest for the
| United States. because it raised the ques-
tion how far it is the duty of our govern
ment to nterpose respecting an American
republic which has fallen into anarchy
against the encroachments of European
powers whose subjects have suffered out
RACES at the hands of the local military
powers.
In the second place are often en-
barassed A nation by the frequent reVo-
1utions, and in the third the Spanish war
has made it a practical problem for this
country.
Impressive Closing Words.
Mr. Foster concluded his address in part
as follows: The territory which we took
from Mexico was soon overrun by Ameri-
cans and its government was readily adapt
ed to our system. But Porto Rico Is al
| ready Gcnsely populated with people edu-
Gated in Spanish-American methods of gov
ernment. We have already had an eNhibi-
ton of the embarrassments to be overcome.
In the first election held under the terri
toral organization provided by Congress
practice was resorted to very common In
| the Latin-Amerlcan republics-When one
| party finds itself outnumbered or outwitted
| in the campaign, It abstains in body from
| the election, and then cries fraud or force.
We read that in the late election In Porto
Rico for the. territorial legislature and
other Offices the one party, the federals,
refused to go to the polls, and the republic
cans as consequence elected all their can
didates, but in celebrating the victory they
We're attacked by the federals and several
| We're killed and wounded in the affray.
I'VE have by act of Congress become re-
sponsible for the establishment and MAIN
teRance of q stable government In Cuba.
The history of their brethren of the same
race in Central and South America does
not give much assurance that the Cubans
will soon attain the position required by
Congress. The first step in that direction
which is foreshadowed-the election to the
| presidency Of a professional revolutionist
born and educated in San Domingo-does
not argue well for the future.
This review, it must be confessed, does
not present a cheerful outlook for the
friends and admirers of republican govern
ment, but for the citizens of the United
States at least it suggests solace. 1t is
consolation to US to know that the men
who laid the foundations of our govern
ment and have thus far conducted its af-
fairs have appreciated the value Of peace
and the superior merits of the ballot over
the bayonet: that We had a Washington.
not a Bolivar nor an Iturbide, to put the
government in motion, and that the Con-
stitution has been held as too sacred an
instrument to be made the sport of am
bilious rivals for the presidency
A Famous Jurfst and His Code.
Edward Livingston and His Criminal
Code" was the subject to which Dr. Eu-
gene Smith of New York addressed him.
self. After sketching the career Of the
great iurist, Mr. Smith said the crowning
work of Livingston's life was the criminal
!, codes for the state of Louisiana, which he
composed pursuant to an act of the legisla-
ture appointing him commissioner for that
purpose. Criminal law in Louisiana was in
a hopelessly chaotic condition. Originally
a colony of Spain and governed by Spanish
law, it later became for brief period un-
der the domain of France and after its an
neXation by the United States its fegisa-
ture adopted to limited extent the com
mon law of England. but except modi-
fled by statute the Spanish and French law
prevailed.
Further complication arose from the leg
islature enacting a series of conflicting
penal statutes. The result became an un-
defined and ineXtricable medley Of Spanish
and French laws and usages, English COM
mon law and contradictory statute laws,
which made the Interpretation of the GRIM
inal law perplexed and doubtful, the mode
Of procedure uncertain, the rules Of evil
dence largely discretionary and the conse-
quent miscarriage of justice frequent and
inevitable. Mr.. Smith then recounted how
the Louisiana legislature in 1920 passed an
act declaring that code of criminal law
should be founded on one principle. name
ly, the prevention Of crime and providing
for commissioner to prepare such a code,
and the selection Of Livingston.
After four years of urremitting toll and
when the manuscript was ready to go to
the printer, on the very night when all
final corrections had been completed, fire
in Livingston's library destroyed not only
every vestise Of the manuscript, but of the
notes and memoranda upon which the code
was based.
Comprehensive and Enlightened.
Two years of still harder labor was re-
quired to reproduce it. Seventy-five years
have elapsed, said Mr.. Smith, but it was
safe to declare that Livingston's codes en-
bodied the most comprehensive and enlight-
ened system of criminal law that has ever
been presented to the world. Idleness being
the most prolific source Of crime, Livingston
provided for house Of refuge where honest
workmen unable to secure employment
would be provided with work at the ex-
pense of the state.
Livingston was also the first to propose
separate and secluded confinement of each
person in county jails and other places of
detention, thus preventing association of
those charged with slight misdemeanors
with the more vicious elements. The treat
ment of prison labor was another strong
feature of Livingston's code. 1t was not
adopted by Louisiana, because 1t was be-
yond the limitations of the time, but it
presented high ideals toward the attain
mert OF which the world has ever since
been advancing
The morning began with a paper read by
Miss Rosalie Loew of the New York bar
upon Lawyers Work Among the Poor"
1t was an interesting recital of what char
liable me nibers of the legal profession had
done for the INDECENT, and was replcte with