The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-12-29
Offence Against One Should
Be Held Offence Against
All, lie Says.
CRIMINAL CODE
FOR OFFENDERS
Sees DemOcracy's Hope in
the Effects of EuOpe's
Cataclysm.

wAsHrSGroN. Dec. 2s.--rn an address
before the American Society of lnterna-
.onal Law. Of which he 10 president
Ellhu Root tonight expressed his con-
vction that q stronger system Of inter-
national law would follow the great war
n Europe.
He discussed the effects Of the present
war upon international law. the weak
,sses tina, have been disclosed In the
structure, the prospects for strengthen.
Ing International relations following the
var and the hope for a permanent Inter.
national court.
Mr. Root advanced the thought tina.
out OF the lessons of the great struggle
might come the realization that an Of
ltace committed against one nation by
another concerns all civilized nations
Just as In municipal law an offence COM
m.ttesi against one member Of society IL
al offence against every other member
OF society. He declared that punishment
saould be meted out to the offender and
.ha, the law of nations should have Its
csmi.ai code.
Mr Root sounded an optimistic note
throughout his address. II was his frs,
geech since the war began on the ques-
lions likely to grow out of the conflict
and lifting his voice in the fervor of his
peroration he briefly pictured "a world
H!de democracy in which the people
rather than rulers would determine the
Vita question as TO whether or not their
Ives ana property were 10 be swept
away IN great devastating war.
The rep. esentativcs OF New World
democracy. represented in the Pan
American scientific congress. gave the
speake- An ovation.
Wr. Roots Address.
sfr. Roots address follows:
The Incidents OF the great war now
raging affect so seriously the very
foundations of international law tina;
aere is for the moment but little salts.
fac' on 10 the student OF that science
10 discussing specific rules. Whether OF
MOI Sir Edward Carson went too far IN
rs recent assertion that the law of ma
lions has been destroyed, IL Is manifest
;aat the structure has been rudely
shaken
lie bdrlleFN 'ldL Statesmen anu
.lr.stS have been constructing labori-
o.,ly for three centuries to limit and
d~ct the conduct of nations toward
ea'u other in conformity 10 the stand
ard. Of modern civilization have proved
op weak to contine the tremendous
'r.-s liberated by conflict which In
wolves almost the whole military power
I . world and In which the destin!es
.. nearly every civilized State outside
e.. american continents are directly al
Cs,s.
The war began by denial on tn.
par Of a very great Power that treaties
so obligatory when IL is no longer foI
'tr interest Of either of the parties &c
o-srye them. The denial was followed
BY action supported by approximately
o'o-.alf the military power Of Europe
a"d is apparently approved by great
number Of learned students and teach
tr, II international law. citizens Of the
countries supporting the view.
This situation naturally raises the
quest ION whether executory treaties viii
continue to be made II they are not tc
b. binding and requires consideration
o system Of law under which no con-
entiJual obligations are recognized.
Vhe uTOAeu ITeutys
-Tue particular treaty which was thus
~ aside was declaratory of the general
rI!e ~ International law respecting the
nvoltbil.ty Of neutral territory and the
action which ignored the treaty also
ayoN-dly violated the rule of law and
The defence is that for such violation
o. the law the present interest OF the
sj' .rrisl state il justification.
~. s plain that the application OF
Mcr n prime pie to a matte" of major
Importance at the beginning of long
NorHl.r must inevitably be followed by
he setting aside of other rules as they
are found 10 interfere with interest or
H.ury ..eucc: and that has been the
cas" during the present war. Many of
Pho '''.- Of 'rw which the world has re-
sarde1 as most firmly established have
been completely and continuously dis
'egarlrd IN the conduct of wa in deal
~ SO M '"e property and lives Of civil
an aoI-rOmbatants on land and sea and
To '.e 'r-3tmert of neutrals.
alleged violations by one belligerent
have been asserted to Justify other vio-
d' or, ,y o.her belligerents. 1t seems
;hs- - 'He olation of law justiiies
other violations, then the law il de-
81. '.l al there Is no law.
~ does not follow that nations can
20 .ng.r discuss questions of right in
Nr'r 'lppmatic intercourse, but upon
'urH basis II seems quite useless TO
app d 90 the autho- ty Of rules already
afr""d .pon az just and right and In
H".T nrr'line effect because they
nave u"cu already agreed upon.
II H"' this war IL ended the civilized
"oII VIII have to determine whether
"'' w. call International law II to be
cont l"d as a mere code OF etiquette or
i. :. real bo'y Of laws imposing
obII@atpnS much more definite and In
t''rh.r 'h1n thev have been heretofore.
must bc one thing or tho other.
tNprrts n stronger Law.
NaHH' and uncertain as the future
nlNl N" there IL some reason to think
'hal after the terrible experience
,irong wh!ch civilization IL passing
Nei" "I'l he tendency to strengthen
WIN han auaudon the law OF nations
Wa'cvrr the result may lie the
world will have received a dreadful les
s'n "' 'lc evils of war. The sacrifice OF
'"'.'.. "f lives. millions homeless aud
VI hHy.'N Industry and commerce de-
'L'. 'd, overwhelming national debts
q" ''' naturally produce strong de-
s'' .' Io something that Will prevent
t.r no. fNiup hnnnenIup again