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• International Law, II, sec. 253.

' See among others Wright, ''The Legal Liability of the Kaiser," this Review,
Feb., 1910, pp. 120if ; Erickaon, Law Notes, Jan., 1919, 184ff ; Clarke, ''The Status
of WiUiam HohenzoUern, Kaiser of Germany, Under International Law,'' 53
American Law Review, 401ff; Bartlett, "Liability for Official War Crimes," 35 Law
QtMrterly Review, 177ff ; and the report of Professors Larnaude and de Lapradelfe
entitled De la Resportsabiliti pinole de VEmpereur Guillaume II d'Allemagne,
distributed to the delegates of the Peace Conference and published in 46 Clunet,
pp. 131ff, (1919).



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140 THE AMERICAN POLITICAL SCIENCE REVIEW

legal right of a military occupant. Article 23g of the Hague Con-
vention respecting the laws and customs of war on land allows an
occupant to seize private property only when it is "imperatively
demanded by the necessities of war." Article 46 forbids destruction or
seizure of enemy private property, and article 47 forbids pillage. The
German government maintained that in consequence of the Anglo-
French blockade the vital interests of Germany, if not military neceesityi
required the seizure of the property in question and its use in the
industries of the home coimtry.

M. Nast points out, however, that according to the language and
spirit of the Hague Convention, private property can be appropriated
by the enemy only when its seizure ia necessary to the conduct of his
military operations or the enforcement of hlB measures of occupation,
and does not justify the wholesale spoliation of factories in occupied
territory, and the transportation of their machinery and equipment to
his own country for use in private home industries for general pur-
poses. Such an act was, he argues, sheer theft and not seizure based
on imperative military necessity, such as is contemplated by the
Convention. Consequently those responsible for it, as well as those
who participated in the removal and transportation of the machinery
to Germany were justiciable by the French or Belgium criminal courts,
and the offenders might even be tried in their absence. Those who
purchased the machinery in German territory from those by whom it
was transported from France or Belgimn, however, could not be tried
by the Belgium or French courts for receiving stolen property because,
according to the Belgian and French criminal codes, offenses com-
mitted by foreigners in foreign territory are not punishable in either
Belgium or France unless the offense is one which is directed against
the safety of the state.

Regarding the merits of the general principle that an officer or a
soldier who commits an act in violation of the laws of war, when the
act is at the same time an offense against the criminal law, should be
held individually responsible and punished by the criminal or military
courts of the injured belligerent whenever he falls into the hands of the
authorities, we can only express approval; and the Peace Conference
in requiring Germany to deliver up for trial and punishment designated
offenders set a new standard which it is to be hoped will be followed in
future wars. Unfortunately, however, this expedient cannot be en-
forced against offenders belonging to the armed forces of the victorious
belligerent, and in the case of those surrendered by the defeated



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NOTES ON INTERNATIONAL AFFAIRS 141

belligerent there is the danger that justice may not always be meted
out under such circiunstances. It has been proposed therefore by
some authorities that such offenders should be tried by international
tribunals or by courts composed of judges representing neutral coim-
tries. But whatever the form or the procedure the desirability of
bringing such offenders to the bar and of punishing the guilty is incon-
testible. If it were always practicable and were followed more gener-
" ally, there would be fewer atrocities and violations of the law in the
wars of the future.

ReamatrucUan of Intematianal Law, It was to be expected also that
the termination of the war would be followed by much discussion of
the problem of the reconstruction of international law and the reorgani-
zation of international relations. Dr. J. de Loutdt, professor of inter-
national law in the University of Utrecht, in an article entitled La
Crise du Droit International, published in the Revue Gintrale de Droit
IntemaUonal Public for January-February, 1919, points out that the
existing body of international law, although by no means destroyed
as some have contended, ^and the old organization of international
relations, have been shown to be adequate neither to prevent war nor
to curb its violence when it has once been unchained. International
law, he says, is now passing through a period of evolution analogous to
a pathological crisis, and its foundations and content must be reformed.
The view must be adopted that war is not a product of law, but an
attack upon law; and while the right of war as such cannot be abol-
ished, the procedure of conducting it may be more effectively regulated;
and he raises the question whether the benefit of the rules should not
be limited to powers which are defenders of the law and refused to
those who are aggressors, on the theory that the latter are violators of
the law and should not be permitted to invoke its provisions. In this
connection, he suggests that the customary division of international
law into the law of peace and the law of war is superannuated and iQ-
foimded. Peace and not war is now the normal condition of society,
and a division of the law of nations analogous to the divisions of
municipal law should take the place of the old division.

The conceptions of law and war are mutually exclusive; a law of war
is an artificial and contradictory conception and the international law
of the future should be based on the idea of the evolution and per-
fection of the law of peace rather than of war. The new international
law must, he thinks, continue to recognize the sovereignty of states.
The view advocated by some authorities that the existing sovereignty



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142 THE AMERICAN POLITICAL SCIENCE REVIEW

of states must be replaced by an authority above them; that legislative,
executive and judicial organs together with an international police
force should be set over states, Dr. de Louter emphatically rejects.
National sovereignty, he argues, is not an obstacle but an indispensable
instrument in the progress of international law. The establishment of
a super-state and the absorption by it of the existing states would mean
the destruction of international law. The difficulty, he thinks, is not
in the sovereignty of states, but rather in the false conception of what
constitutes sovereignty and in the abuse of it. Sovereignty is the
supreme power of the state over all persons and things within its
jurisdiction ; it is not the power of a state to determine its own standards
of international conduct and to pursue policies that are subversive of
its rights and interests of other states. It is therefore no surrender of
sovereignty for a st^te to agree to arbitrate its controversies with
other states, or submit them to a board of conciliation or to an inter-
national court.

Regarding the content and scope of the new international law Dr.
de Louter very properly remarks that it must not be limited to general
rules of conduct, but must embrace the larger domain of international
commerce, communication, finance, instruments of exchange, public
health and the like. This will involve no innovation in principle since,
as an examination of recent treaties will show, these matters are
already dealt with to a large extent in individual conventions.

Among the bases on which the international law of the future
should be founded are justice, that is to say, the maintenance of a
juridical order among independent states; respect for the principle of
nationality; nonrecognition of the right of conquest or cession without
the express consent of the inhabitants of the territory affected; liberty
of commerce (trade must be internationalized and protective tariffs
and other trade restrictions ought to be abolished); freedom of the
seas (which was destroyed during the late war by unlawful blockades,
institution of war zones, the extension of the doctrine of contraband
and the like) ; and the abolition of secret treaties.

Finally, some form of sanction for international law must be found
and guaranties more solid and effective must be provided; though
he does not tell us what they shall be or how they may be enforced.

The necessity of a new and reformed body of international law is
dwelt upon by Professor T. S. Woolsey in an article entitled "Recon-
struction and International Law" in the American Journal of Inter"
national Law for April, 1919. This need, he points out, will be impera-



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NOTES ON INTERNATIONAL AFFAIRS 143

tive in case an international court should be created as a part of the
general scheme of international reorganization. The new law should,
so far as possible, be embodied in a code which may be expected to grow
and develop through application and interpretation by the international
tribunal.

J. W. Garner.
University of Illinois.



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NEWS AND NOTES

Personal and Miscellaneous

edited bt frederic a. ogo

University of Wisconsin

Jesse Macy, for many years professor of political science at Grin-
nell College, Iowa, and president of the American Political Science
Association in 1916| died early in November, 1919. A pioneer in the
United States in the systematic study and teaching of politics in a
small institution in a new agricultural community, he gained a national
and international reputation in his field.

Bom in 1842, in Henry County, Indiana, of a Quaker, abolitionist
family, he took an active part in the hospital service of the Union
army during the Civil War, and in 1870 was graduated from Iowa (now
Grinnell) College. A year later he was appointed principal of the
academy at this institution; in 1883 he became acting professor of
history and political science in the college; and two years later he was
appointed professor of political science (probably the first iiCi this sub-
ject), a position which he held imtil retired as professor emeritus in
1912.

Aside from several small books, dealing mainly with local insti-
tutions in Iowa, his works are: The English ConetiivJticn (1897),
Political Parties in the United StcOes, ISU-Sl (1900), Party Organizor
tion and Machinery (1904), and (with J. W. Gannaway) Comparative
Free Oovemment (1915). Among his shorter articles may be noted his
presidential address before the American Political Science Association,
on "The Scientific Spirit in Politics," published in this Review for
February, 1917.

He made frequent visits to England and the continent of Europe,
where he formed personal relations with leading students and men in
public life. In 1913, he lectured at a niunber of French provincial
universities on the Harvard Foundation.

144



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NXWS AND N0TB8 145

Dr. David P. Barrows, professor of political science at the Univer-
sity of Califomia, was on December 2 elected to the presidency of that
institution and took office immediately. President Barrows studied
at the universities of California, Columbia, and Chicago, receiving his
doctor's degree in anthropology at the last-named institution. He
went to the Philippines with the Taft Commission, and was succes-
sively director of city schools in Manila, chief of the bureau of non-
Christian tribes, and director of the bureau of education of the islands.
He' returned to the University of California in 1910, and has since been
professor of education, professor of political science, and dean of the
faculties. During the war he served as major and lieutenant colonel
with the expeditionary forces in Siberia.

Dr. L. S. Rowe, of the University of Pennsylvania, who has been for
the past two years assistant secretary of the treasury, has been ap-
pointed chief of the division of Latin-American affairs in the depart-
ment of state and has been granted leave of absence for an additional
year.

Dr. Cyrus F. Wicker has been appointed assistant professor of
political science at Pennsylvania and is giving Dr. Rowe's courses
dming the current year. Dr. Wicker was graduated at Yale and
received the degree of D.C.L. at Oxford, where he studied as a Rhodes
scholar. In recent years he has been engaged in diplomatic service in
Central and South America.

Professor Edgar Dawson, of Hunter College, New York City, has
been given leave of absence for the year 1920 to study the teaching of
government in secondary schools. He will welcome correspondence
with those who are interested in the subject, suggestions as to points
which should be covered, or information as to successful experiments
now being made in the field. He hopes to publish the results of the
year's work in the spring of 1921.

Mr. Herbert Adams Gibbons, whose New Map of Aaia was published
recently by the Century Company, has been chosen by Princeton
University to resume the Spencer Trask lectures which were inter-
rupted by the war. He began his work there on November 12, speak-
ing on ''What Confronts France."



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146 THE AMERICAN POLITICAL SCIENCE REVIEW

Dr. Earl W. Crecraft, formerly lecturer in government at New York
University and secretary of the Citizens' Federation of Hudson County,
N. J., has been appointed professor of political science at the Municipal
University of Akron, Ohio.

Professor R. G. Campbell, of Washington and Lee University, has
returned to his academic work after spending several months in France
with the army educational corps and a few months in London as agent
of the United States shipping board.

Thomas H. Reed, professor of municipal government, succeeds
President Barrows as chairman of the department of political science
at the University of California. The department will be increased
by the temporary addition of Professor Edgar Dawson, of Himter Col-
lege, New York. Professor Dawson will devote himself to instruction
in the teaching of civics and government. Other additions are con-
templated.

Two bureaus for research in foreign relations and administration
have been organized in the political science department of the Univer-
sity of California. Dr. J. R. Douglas, instructor in political science, is
secretary of the bureau of public administration, and Dr. C. E. Martin,
lecturer in international law and political science, is secretary of the
bureau of international relations.

A series of public lectures was given by members of the depart-
ment of political science of the University of California during the
past semester. The titles and speakers were as follows: ''Soviet Gov-
ernment in Eastern Europe," Professor D. P. Barrows; "The League of
Nations and the Peace of the World," Professor T. H. Reed; "The
Peace Conference and Its Problems," Dr. L. Ehrlich; "Theodore
Roosevelt and American Foreign Policy," Dr. C. E. Martin; "The
Government and the Railroad Problem," Dr. J. R. Douglas; "The
Politics of the Industrial Crisis," Professor T. H. Reed.

Professor H. G. James, of the University of Texas, has been pro-
moted to a full professorship in the department of political science.

Professor Raymond G. Gettell, of Amherst College, will give courses
in political science at Cornell University next summer.



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NEWS AND NOTES 147

A memorial fellowship fund has been provided at Amherst C!ollege;
for the study of social, economic, and political institutions. Appoint-
ments will be open to graduates of any college or university, and will
be based on evidence of marked mental ability, promise of original
work, qualities of leadership, and a spirit of service. A fellow will be
appointed every second year for a period of not more than four years.
It is desired that at least half of the period shall be spent in
study in Europe, and the last year at Amherst College, where a course
of lectures may be given. The fund will provide $2000 a year for each
fellow. The committee in charge will include three from Amherst
Ciollege, one associated with some other college or university, and one
business or professional man.

A notable change in college organization has resulted from action
taken last June by the trustees of the College of the City of New York.
As now organized, it consists of three distinct but closely articulated
schools: the college of arts and science, the school of technology, and
the school of business and civic administration. The change was largely
an outgrowth of the expansion of the college along lines of business and
civic instruction under the direction of Professor Frederick B. Robin-
son. The former department of political science has been divided.
The courses in economics and business have been made the basis of
the school of business and civic administration, of which Professor
Robinson is dean. Another portion of the old department is recon-
stituted as the department of government and sociology imder the
direction of Professor W. B. Guthrie.

Dr. George H. Deny, assistant professor of political science at the
University of Kansas during the year 1918-19, is lecturing in the de-
partment of economics and politics at Bryn Mawr College, during the
absence of Professor Marion P. Smith, who is spending her sabbatical
year in the Far East.

Mr. John Barrett has announced his intention to retire from the
office of director-general of the Pan American Union at the close of the
present fiscal year. It is stated that he will, after a time, become presi-
dent of a new unofficial Pan American organization which is planned to
be ''the most practical and comprehensive combination for the devel-
opment of international commerce and goodwill that has ever been
formed."



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148 THE AMERICAN POLITICAL SCIENCE BEVIEW

The New York State Reconstruction C!ommission has publishd
a comprehensive report on Retrenchment and Reorganization in the
State OovemmenJt which advocates extensive changes in the state gov-
ernmental machinery, including, among other things, the consolidation
of numerous departments, centralization of executive responsibility,
extension of the governor's term to four years, and a consolidated
budget system with accounting control over spending officers.

The members of th^ Pennsylvania commission on constitutional
amendment and revision were announced by Grovemor Sproul in No-
vember. The commission consists of twenty-five members appointed
by the governor, under the chairmanship of the attorney-general of the
state, William I. Shaeffer. The selections show a desire to make the
body representative of widely varying tendencies of thought and
interest. The commission includes U. S. Attorney-General Palmer;
Hampton L. Carson; U. S. Secretary of Labor Wilson; ex-President
Sharpless of Haverford College; T. DeWitt Cuyler, railway attorney;
former judges Sulzberger and Gordon; Gifford Pinchot; Provost Smith,
of the University of Pennsylvania; and F. N. Thorpe, professor of
political science and constitutional law at the University of Pittsburgh.
There are two women members. The commission was created to pre-
p)are a draft of a revised constitution for submission to a convention
which is to be provided for at the session of the legislature in 1921.

The thirty-ninth annual meeting of the Academy of Political Science
in the City of New York was held at the Hotel Astor November 21-22.
The general subject under consideration was railroad legislation, and
sessions were devoted to each of the following topics: the railroads and
the shipper, the railroads and the investor, the railroads and labor, and
the railroads and the public. Among persons who read papers or
otherwise participated in the program were B. H. Meyer, interstate
commerce commissioner; John £. Oldham, banker of Boston; Thomas
W. Huhne, chairman of the President's committee on federal valua-
tion; Frederick C. Howe, former commissioner of immigration at the
port of New York; Daniel Willard, president of the Baltimore and Ohio
Railroad; Emory R. Johnson, of the Wharton School of Finance and
Commerce, University of Pennsylvania; and Albert M. Todd, presi-
dent of the Public Ownership League of America. The speakers at the
annual dinner were Hon. Schuyler Merritt, member of the house
committee on interstate and foreign conmierce; Howard Elliotti



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NEWS AND NOTES 149

president of the Northern Pacific Raihx)ad; Alfred P. Thorn, general
counsel of the Association of Railway Executives; and Timothy Shea,
acting president of the Brotherhood of Railway Firemen and Engi-
neers. The complete proceedings have been published by the Academy.

By the addition of two members to the teaching staff of the school
of government, instruction in political science at the University of
Texas has been amplified along two lines. One of these is Latin-
American government and diplomacy, in which courses are offered by
Professor C. H, Cunningham, who has specialized in the field of Latin-
American affairs, has traveled extensively in South and Central Amer-
ican countries, and was last year in Mexico as vice-consul. The other
subject is American diplomacy and world politics, in charge of Mr.
C. P. Patterson, who is giving special attention to the relations of the
United States to Europe, to the problems growing out of the League of
Nations, to the political aspects of xeconstruction, and to the relations
of the United States to China, Japan, and other Far Eastern states.

To improve instruction in the school of government, and to develop
facilities for advanced instruction in research, a bureau of government
research has been established, to continue the work begun by the bureau
of municipal research and reference, and in addition, to undertake
research work along other lines. Digests and bulletins are in prepara-
tion on important subjects in state, county, and municipal government.
The primary purpose of the bureau will be to serve as a laboratory and
reference bureau for the students in the school; but its facilities will
also be available, so far as possible, to public officials, to interested
citizens, and to anyone who may call upon the university for govern-
mental information. Mr. Frank M. Stewart is in charge of the bureau
staff, and is the secretary-treasiurer of the League of Texas Municipal-
ities. The library and seminar room conducted in connection with
the bureau is in charge of Mrs. Sarah S. Edwards, who has had expe-
rience in reference library work in the Brookljna public library and the
Indiana legislative reference library.

The International Labor Conference held in November in the Hall
of the Americas of the Pan American Building, Washington, was the
first important assembly of its kind brought together under the terms
of the Peace Treaty. Its significance, however, was not. generally
appreciated in Washington or throughout the United States. On
account of unfortunate newspaper notices and certain speeches made



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160 THE AMERICAN POLITICAL SCIENCE REVIEW

in Congress, the idea went abroad that this conference was composed
of radical labor leaders who desired to upset present conditions and
bring about industrial revolution. The contrary was the truth. At-
tending the conference were almost 300 delegates and advisers, from
30 different countries. One-third of these were delegates of the govern-
ments, and were almost exclusively leading statesmen or men prominent
in public affairs. Another third consisted of employers of labor and
representatives of capital, including many of the greatest employers of
Europe and Japan. The remaining third was made up of representa-
tives of labor organizations in the participating countries, and with
hardly an exception these were men of ability and sincerity who wished
to do their part in bringing labor and capital closer together. Although
the United States, not having ratified the Peace Treaty, was unable to
participate officially, the conference elected Secretary of Labor W. B.
Wilson as its chairman. All discussions and resolutions were inter-
preted from English into French or from French into English, as was
required; and the proceedings were reported not only in English and in
French, but in Spanish, for the benefit of the large number of delegates
from Spanish-speaking countries. The conference made specific rec-



Online LibraryWestel Woodbury WilloughbyThe American political science review → online text (page 15 of 77)