Evening star., 1907-09-01
LAW CONFERENCE ENDS
International Meeting at Port
land, Me-, Closed.
PAPERS READ YESTERDAY
Washington Delegate Spoke on Bond
Issues by Venezuela.
BERLIN CODE FINALLY ADOPTED
Difficulties Attending Taking of Evil
dence in Foreign Countries Was
Exploited by Denmark.
PAPERS READ YESTERDAY
BERLIN CODE FINALLY ADOPTED

PORTLAND. Me- August 31.--Following
the transaction of routine business, Chief
Justice Simeon E. Baldwin. honorary presi-
dent of the Law Conference read a paper
on The Limits of Active Intervention by
a State to Secure the Fulflment of Con-
tracts in favor Of Its Own Citizens En-
tered Into by Them With Other States
The speaker said that contract with
sovereign state is very different thing
from contract with a private individual.
The obligation may be the same, but the
remedy for enforcement never is. Who
ever in such way gives credit to a soy
ereign knows that he cannot, without Its
consent, sue 1t for any breach of contract
before the ordinary tribunals of justice.
That force may be used under some cir
cumstances, by sovereign or under his
authority for the collection of debts due
to his subjects from foreign power has
been acknowledged ever since International
law first took on scientific form.
Reprisals Sanctioned.
Reprisals are expressly sanctioned. not
withstanding the claim to be thus satisfied
has been submitted to the courts of the
government in default, and by them pro-
nounced unfounded. The modern practice
Of nations is less favorable to the grant
Of letters of marque and reprisal.
Jackson W. Ralston of Washington, d.
c., spoke in reference to the bond issues
by Venezuela.
CASTOR de LevaI, adviser to the British
embassy at Brussels, read a paper on the
diplomatic protection Of citizens abroad.
Lord Justice Kennedy announced that
Dr. Erno Whitman of Budapest had writ
ten paper on Double Imposts," and, as
he was unable to be present, it would be
accepted as presented.
The paper was, in part, as follows:
Dr.. Wittmann on Double Imposts.
eff we wish to change some particular
institution and desire any important alter
alton we must begin, first of all, by trans
forming the great institutions on which
society is based. Double imposts will ex-
list until tho conditions of intercourse have
changed If We look at the different laws
governing death duties we find that they
We find cases with even triple imposts,
others where only twice a death duty is
imposed, and others where the successors
are free of any tax or duty at all.
1T is an easy matter to exhibit the same
phenomena in studying the different in
come tax systems or other duties. From
the point Of view of international inter
course and commerce the great mischief
is not, perhaps, so much double imposts
as the lack of system in taxation. The aim
of international law must be to secure that
the general principles of law shall be ap
piled, and that these principles and not
chance shall determine the right of every
person.
Evidence of Foreign Witnesses.
The paper by DR.. A. Hindenburg Of
Copenhagen, legal adviser to the Danish
government, on Evidence of Foreign
Witnesses" was read by Ronald Walker
of London, DR.. Hindenburg being un-
able to attend. He discussed the
difficulties attending the taking Of evil
dence in foreign countries and gave a BRIEF
exposition of the method practiced in Den
mark and Norway. where. he claimed,
there was no difficulty. His conclusions
were summarized as follows:
The first reform needed is to abolish al
together the diplomatic Intervention. 1t is
clear that when witnesses are wanted in a
law suit other states ought not to refuse
their assistance. In the United States of
America the tribunals assist one another in
this respect If 1t Is the law of a country
that it's tribunals cannot hear witnesses in
virtue of an interlocutory decree In another
state such right should be given them by
treaty But the simplest way would be to
adopt the Danish system, and permit the
examination of witnesses whenever the
pleading party asks fer them. Then all diff
ficulties cease. No treaty is needed"
On motion Of w. F. Hamilton of Lon
don the code adopted at the meeting Of
the association last year in Berlin was
adopted by this conference.
The customary vote of thanks was
taken, and the conference was then de-
clared finally adjourned.