New-York tribune., 1904-09-28
ADVISES PEACE EFFORT.
RIGHT TO STEP IN IN WAR.
u. S. Has 1T. american Bar Asso-
citation Report Holds.

states might properly avail itself or inc PAS
visions of the Hague convention and endeavor
to end the Far East was made by the COM
nlittee on international law at to-day's session
of the American Bar Association. The commit
tee on commercial law reported that until exist
ing remedies for the protection Of commerce
against Illegal combinations were further in
vcked and their efficiency further tested it was
not necessary to PROFOUND additional legislation
extending the summary procedure
The report OF the committee International
Law. after discussing the Russo-Japanese War
ends thus:
1t is not for your committee 70 pass any judg-
me1t & on the merits Of this war but we 90 Su9Il }t
aiiords Just grounds for mediation under the SECOND
title of the Hague convention. The tnrd article
useful that one or more powers which have no part
u IN the conflict may oife- OF their own voiitlon SO
their friendly Offices their mediation 70 the states
The United States might. it seems 20 your com
mitIee very properly avail ltsef OF tne provisions
Manchuria.
The committee on jurisprudence and law re-
form submitted It's report dealing with sales OF
honorary degrees and combinations OF trusts
The report stated that careful investigation
throughout the country had been made to as
certain how far the evil OF the sale Of honorary
degrees in law existed. and that only a single
instance had been discovered. one in Tennessee,
Regarding trusts. the committee reported that
under the clause of the Constitution TO regulate
commerce Congress had no power to create cor
porations except those which had for their OBJ
ject the carrying on Of exclusively Interstate
business. The report recommended the passage
by Congress OF the bTI presented by the Mari
time Law Association OF the United States en-
titled. ITO Authorize the Maintenance of Ac-
tions for Negligence Causing Death in Maritime
Cases"
The minority report was submitted by Walter
S. Logan of the committee on commercial law,
on the trust law question. in which he said
I know Of 70 better weapon that the community
am ' the more convinced as to the efrectivensss
Of this method Of regulating large combinations in
the form Of corporations when I the opposition
70 il that is made by the combinations and cor
poratioas affected
After the report of the committee inter
national law had been read a resolution was
adopted, that the American Bar Association
concurs in the resolution adopted by the na-
tional arbitration conference at Washington on
January 10, 1904"
PAPER ON LOUISIANA PURCHASE
Amos VI. Thayer. United States Circuit Judge
for the Eighth Circuit OF ST. Louis. had a cold,
and his address on The Louisiana Purchase;
Its influence and Development Under American
Rule read by Judge Franklin Ferris. OF
St. Louis 1t was in part follows:
1t is true that the right TO acquire foreign ter
TtOry and govern II challenged incidentally IN
private ate suit WHICH arose t~en,y-fye years later
SstTT ths lated states had acquired the territory
and Pthy sentences OF profound import, Chief JUS
the power OF making War and oT n5an ne trastjSs %
the power OF acquiring territory either by conquest
acquired undoubted and was due either 10 the
fact that II was not within the Jurisdiction OF any
the provision OF the Constitution giving Congress
tions respecting the terrtory' or thai the pov-e-
to govern territory the Inevitable consequence
Chief Justice MarshaII in Insurs1cs 1,oTI1,. ~
against Canter. have ever since been accepted and
acted upon as sound law BY all departments of the
pire was acquired from Mexico at the conclusion OF
the Mexican War Ihey were expressly reafirmed
ford. 10 How s9s al Chief Justice Taneys in that
ie1 bs oe SSs Ga @ mo not aad i necessary 70 eh
9lre foreign territory either By treaty conquest
tory OF the tinted states by the Admission 81 new
States was plainly given BY the Constitution. am
ments Of government had been held to authorize
the acquisition OF foreign territory although il was
not at the time fit for admission into the federal
He maintained, however that the right TO govern
such foreign territory had been acquired by
the federal Constution Was not dsdTSRP rom ~
that provision OF the Constitution empowering Con
respecting the territory as had @ been sarses
In the case OF Insurance Company against Canter.
lowed by implCation from the power 10 ACQUIRE ii
He also said. argueudo that when the United
States acquired foreign territory Il did SO for the
purpose OF eventually creating states and admit
The learned iurist was compelled TO conceie
however. that when foreign territory was ACQUIRED
1t rested with Congress 10 determine when II was
NJ for admission as State; that this was poti-
cal question with which the Judiciary have no con
Cern. and that IN the mean time. Congress- could
exercise control over the territory but not 10 the
extent Of prohibiting any citizen OF the United (
States from going there with his property. even
though such property consisted OF slaves.
Benjamin F, Abbott OF Georgia. made an ad-
dress on ITO What Extent Will Nation Pro-
tect It's Citizens in Foreign Countries saying |
in part;
the authorities, that il is the duty OF state 10 |
protect its citizens abroad within the rules inter-
national law both in person and property, against
the discrimination, wrong and injustice of the GOV
whether that wrong or injustice grow OF tudi-
cial other proceeding by such government.
II is important 20 inquire, before proceeding with Il
the discussion OF the subject in whose favor Will
protection?
We should say: First it's own native born cltI-
Gems OF course Second. naturaliZed foreigners who
have in due form OF naturalization laws become /
citizens. Third. under certain circumstances |
toreigners who have acquired dOnicile in the Il
country and who have declared their intention to i
country. such foreigners would certainly have the L
right 10 appeal to the law OF their donnicie In
controversy with any country other than that 10
which they formerly owed allegiance.
FACE NOW PRETTIER, DECIDES COURT.