Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-24
SECRETARY ROOT PRESIDES
Discussion Of Treaty Violations and
Gravity Of the 0ffense.
RECEPTION AT WHITE HOUSE
Committee Appointed to Report
Nominations Of Officers for the
Ensuing Year.

The American Society of international
Law met in second annual session In the
red parlor at the New willard Hotel this
morning. Secretary Root presiding. There
was a large and distinguished gathering
present, including a number OF ladies',
Chief Justice Fuller. Justice David b.
Brewer and Justice Henry B. Brown, re-
tired. of the Supreme Court of the United
States former Senator Gray. Senator
Hepburn. former Senator George turner
of Washington. Everett r. Waeeie. VI
New York. Frederic r. Coudert OF new
York. Prof. willoughby of Johns Hop
kins University, Baltimore; r. c. smith;
K. c.. Of Montreal Canada: Admiral
Merrill. Oscar s. Straus of New York and
Charles B. Warren of Detroit Mich.
A discussion between former Senator
GRAY Of Delaware and Representative
Snerley, following the address OF former
Senator Turner upon the topic Shouio
the Violation of Treaties Be Mace fed-
eral Offense" proved the feature or the
session. Senator Gray contended that
legislation giving the federal courts 1uris-
diction in such matters might. under GER
tain conditions. be deemed rehect1on
upon state sovereignty and our dual
form o. government: while Representa-
tive Sherley. who stated that he was
somewhat of an advocate of states rights
himself. and came from section or the
country where that doctrine was popu-
responsibility resting upon the national
government. there should be the power
given to sustain il.
Secretary Root, in opening the meeting,
said that it was pleasure to welcome
tn, representatives of the society to the
American capital; that what had already
been done by the society had amply DEM
onstrated that lit is not an academic list
OF subjects We are studying, not a dead
language which We speak" He referred
n % Accomplished a
Hague conference. and to the action taken
in our own country. both by our own au-
thorities and by the representatives OF
FIVE foreign governments along the lines
I'm accordance with the custom which
has been adopted he continued. II have
prepared and will deliver a few remarks
In opening this session"
Secretary Roots Opening Address.
CponF calling the convention to order
Decretary Root said:
'One accustomed to the administration
OF municipal law who turns his attention
for the first time to the discussion Of
practical questions arising between ma
tions and dependent upon the rules Of in
ternAtional law must be struck by a diff
ference between the two systems which
materially affects the Intellectual proc
eeoee involved in every discussion and
Whteh y apparently fundamental.
THE proofs and arguments adduced by
the municipal lawyer are addressed to the
machinery which will result in a judicial
judgment to be enforced by the entire
power Of the state over litigants subject
to its jurisdiction and control.
When the International lawyer. on the
lishment Of rights or the redress Of
wrongs In a concrete case he has appa-
rently no objective point to which he can
address his proofs or arguments, except
the conscience and sense of Justice Of the
opposing party to the controversy. In
only rare, exceptional and peculiar cases
do the conclusions of the international
lawyer, however clearly demonstrated
have behind them the compulsory effect Of
possible war.
Under Rules Of Law.
I'm the vast majority Of practical
questions arising under the rules Of In
ternational law there does not appear on
the surface to be any reason why either
party should abandon its own conten-
tion or yield against its own interest
to the arguments Of the other side. This
apparent absence of sanction for the en-
forcement of the rules Of international
Law has led great authorities to deny that
these rules are entitled to be called law
at all; and this apparent hopeiessness OF
fnalfty carries to the mind, which limits
particular cases, q certain sense Of fulfil
ity of argument. Nevertheless, all the
foreign offices of the civilized world are
continually discussing with each other
public and private, cheerfully aud hope
fully marshaling facts, furnishing EVIL
dence and presenting arguments and
building up records designed to show that
the rules of international law require
such and such things to be done or such
and such things TO be left undone And
IN countless cases nations are yielding
to such arguments and shaping their
terests in the particular cases under dis
cussion. In obedience to the rules which
are shown to be applicable.
Careful consideration seems to lead to
the conclusion that there are sanctions
fer the enforcement Of International law.
no less real and substantial than these
which secure obedience to municipal law.
Reasons Governing.
I'm the vast majority OF cases men re-
frain from criminal conduct because they
are unwilling to incur in the community
in which they live the public condemna-
ton and obloquy which would follow a
reputation of the standard of conduct
prescribed by that community for it's
members. Where 1t happens that the law
and public opinion point different ways.
the latter is invariably the stronger The
tViCe VI tdW Is IN the pubic opinion
which prescribes II. Conformity to the
standard of business integrity which OBJ
tdlns IN the community Is necessary to
business success. Social esteem and
standing. power and high place in the
professions. In public Office. in all assoc
ciated enterprises. depend upon conform
lty to .he standards Of conduct in the
community. Loss of these Is the most
terrible penalty society can inflict
The rules of International law are en-
forced by the same kind OF sanction less
certain and peremptory, but continuaiIv
increasing in effectiveness of control q
decent respect to the opinions of man
kind did not begin or end among M
lions with the American Declaration IF
independence: but Ii IL interesting that
tine nrst public national act in the new
worid should be an appeal to that uni
versai international public opinion. the
power and effectiveness OF which the ma y,
world has done 30 much to promote.
IN former times each isolated nst;,r
eausneo with It's own. opinion Of itself M
INDIFFERENT to the opinion of others SER
arafed from all others by mutual ienc-
rance and misjudgment. regarded onlv ths
physical power OF other nations Nor
however. there may be seen plainly the
effects OF long-continued process which
IS breaking down the isolation of nations
permeating every country with better
knowledge and understanding OF every
other country. spreading throughout the
world knowledge of each government
conduct TO serve as a basis for criticisms
and Judgment and gradually craa tine a