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own organism, its leisure life, and predatory interests, to succeed in the venture of educating liberally, and with its medieval equipment. How could it liberate now that the principal fields of human knowledge are securely fenced round with supernatural terrors? Besides, in spite of its claims, the church has not the remedy for ills largely due to church causes; the surgeon is needed:-the European is aware of this;-whatever be the ecclesiastical diagnosis, incantations are out of date; Europe needs not a theology, nor a cosmology, but a sociology!—

The principle of divine authority postulated by the old institutions of Europe, works remotely and peculiarly. In the church, it makes the ecclesiastic officious or indifferent. In the state, it makes the civil servant overbearing, and self seeking. When I think of one, I invariably dred the other; and the European masses have to live between these two vultures of civilization, both void of human sympathy and love of progress, and each preying upon the same helpless creature. The problem play has come to his rescue; it is laboring to save him from man's inhumanity, his love of power, his divine pretense to exploit man....

That the problem play was a timely instrument and a welcome innovation is shown by its fortunes in Europe itself. Even Spain, the most impenetrable of the old countries has had distinguisht champions of this kind of play. Its dissemination over a wide field has greatly aided the cause of Democracy in Europe. The movement, from France, spred widely and rapidly. Ibsen turns from philosophical musings to social concerns, and proves to be one of the most effective of problem playwrights. His influence I repeat, has been so large as to eclipse the fame of France and the part that Dumas, Jr., playd in originating the species. To Dumas, Jr., we owe the introduction on the stage of the everyday issues of modern society. But Ibsen greatly enlarged this field of the drama, and proved its possibilities in the relm of speculation and symbolism. Bernard Shaw's matchless work is largely of this sort.... But, it is without the scope of my paper to deal with authors and works. Just let me say in summary that Ibsen's plays are, on the whole, wonderful, forceful, and truthful. 30 They were widely imitated....The symbolical sun of his tragic "Ghosts" burns lividly on, and never sets.

30. For a contrary opinion, with thoro, adverse criticism of his works, cf. Max Nordau's Degeneration-Ibsenism, pp. 338-415, op. cit. in note 10 (a). -Unfortunately, the critical amenity of this obdurate German sometimes "degenerates" in turn. He calls Ibsen a "malignant, anti-social simpleton, highly gifted, it must be admitted, in the technique of the stage.". p. 407.

Echegaray 31 in Spain took whole scenes from him. His "Locura o Santidad" is an effective importation of "Ghosts." To have adapted such realism successfully in Spain, only points more forcibly to the needs of all Europe and to the similarity of its social trials. In turn, Echegaray precipitated a copious social drama in Spain itself. Italian dramatists are also at work. 32 In Germany, several eminent writers of the school of '89 have contributed. Suderman's "Magda" has gone around the world; of Hauptman I have spoken, and startling work in sex-problems is now being done by Wedekind. In England and America, we are acquainted with and interested more or less seriously in Bernard Shaw, Jones, Fitch, Pinero, and others. France, ever on the alert, is prolific.*** A live, new school is rising in America, under the leadership of college and university. 33

The problem play has given the modern stage its best. "raison d'etre" without necessarily destroying its older purpose of amusing and pleasing, altho the aim of the problem play be rather to interest and to civilize,possibly only to educate. The educational value of the problem play may be graspt if we reflect that more than half of the world is still illiterate, cannot read a newspaper, much less a book. European Russia alone reckons 84 per cent of her population thus. Spain 2-3, and other nations add a no mean per cent. In Russia, the Salvation Army is not allowd free scope in its work of rescue and charity. The Russian government dreds its reform program, and trembles at its pseudo-military nomenclature,-so averse it is to progress and diffident of Revolution. You remember the Russian censor's objection to Ward's Dynamic Sociology, 34 an American text book.... the title sounds so like "Dynamite!" The seditious Salvation Army is no less formidable a host to such a hopeless lot. The problem play was inevitable owing to the despotism of tradition and the archaic culture of the "cultured few." It has sought to

31. Cf. Poet Lore, Spring, 1908, pp. 405-416 for a review of Echegaray by Fanny Hale Gardiner.-Cf. also "José Echégaray"—a discussion of four of his plays; by Nora Archibald Smith,-Poet Lore, pp. 218-228, May-June, 1909.

32. Cf. Le Temps, Paris, July 31, 1911. M. Jean Carrère, Le Théâtre en Italie,-Chronique Théâtrale. An excellent article on the vitality of the Italian stage of to-day.

***In France, the followers of Dumas, Jr., are numerous:-Capus, Mirbeau, Bernstein, Hervieu, Brieux, Lavedan, Bataille, Lemaitre, Donnay, France, etc.... "There has not often been such a battalion of spies catching the spirit of their times." p. 257....But these are not imitators, for they now find "the atmosphere of the younger Dumas' plays theatrical in the wrong sense, his social problems almost crude, and his moral purpose even ingenuous" Laurence Jerrold, The French Stage of To-day, ch. XV, p. 254,-The Real France, John Lane, London and N. Y., 1911.

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33. On this "University Movement," cf. "The Question of the Theater, by Professor F. H. Koch, Quarterly Journal of the University of North Dakota, July, 1911, pp. 323 ff.-Cf. also The Literary Digest, University Aid for the Drama, p. 141, July 22, 1911.

34. For an interesting recital of the facts, cf. Ward's Dynamic Sociology, Preface to vol. I, pp. X ff.-D. Appleton & Co., N. Y., 1902.

rectify social vision; for, tho it mystify and disconcert at present, the problem play was conceivd to disillusion the people ultimately. It has thrown a search-light on moral and social affairs, private or public; it deliberately works now to make men think on actual conditions. Its appeal, if somewhat special in matter or manner, is universal in audience. Judge of my astonishment at meeting Sudermann's "Stein unter Steinen" in Mexico City! But, here it was, in a fallow field, impenitent, and in good Spanish:-TEATRO VIRGINIA FABREGAS,... Martes 17 de Agosto de 1909,....

PIEDRA ENTRE PIEDRAS

obra....de Hermann Sudermann, traducida al castellano,....etc. Nor did Echegaray's "Loco-Dios" 35 in the Spanish original elicit that season more general applause or stir deeper feelings.

It was natural that the stage should espouse public causes and needs: since the French Revolution all institutions have gone into the field of education; some to proselyte, others to emancipate. How much of this vehicle of modern reform will remain as literature, is of little importance; great literature is incidental; man does not exist to make great literature. Letters like houses are only an incident of life, at least ought to be; one of the many artificial projections of human import, which may or may not find their way into anthologies or archeologies, after having servd their social purpose. Many of the old time plays have thus deliverd their message; the same will be characteristic of the present out-put of problem plays. Much verbiage no dout will have crept into their scenes, much incoherence into their acts, much tedium into their fabric, but it is peculiar of the drama that thinks, that reaches out into the difficulties of a problem insted of burying itself under fine rhetoric and other purposes of the old craft:-ultimately, as Ibsen says, it will have afforded man "holding judgment day over himself." Like all artifises, so long as it must make a drama, have a form, it will show shortcomings, until it is itself a tradition, be in conflict with certain ideals, and clash in time with the artificialities that would forsooth be life itself: It must long seem intellectual without being literary, in spite of numberless masterly pages and undying portraits. But the quality of the drama is likely to vary as much as the quality of government, religion, or any other man-made thing. In spite of resistence to innovation by the leisure class, with its predilection for conventional things, the problem play is here to stay: the "simon pure" literary man does not like it, does not read it, is not concernd with it. Was

35. The Madman-Divine, given in Mexico City, Sept. 4, 1909;-cf. Poet Lore, Spring 1908, translated by Elizabeth Howard West; also note 31.

it not ever so with the conservative, the retainer*..? Fortunately, the world cannot wait for him, or, it might still depend on the rigor of old time absolutism to prove society.

If the value of a principle lies in the number of things it will explain the outlook for the problem play is vast; the new-born first stammerd a mere question; then, the drama ceast to exist for its own sake; it became the purpose play, a synonym for progress-in Europe, at least. But, we too shall have our problem play; no importation that, tho the evils exposed be still of foren origin largely..! The "Melting Pot" 36 is epoch making; its problem and its types are intelligible to the American people. Other dramatic studies of local conditions have followd and have met with success in Puritan America.... Even the censor of Plainfield 37 gives his approval to Sheldon's "Salvation Nell" and to Walter's "The Easiest Way," no less than to Ibsen's "Ghosts"....American critics are beginning to recognize things. Verily, we may yet hear that the Dutch have taken Holland, and did right in doing it! There are signs; and, no solicitude is needed. In spite of a hundred years of laissez-faire policy in the United States, clamor of fair play and a clear field in clericalism, politics, education, business, and opinion, the nation is hardy and elastic, of a constitution strong enough still, to react for a time against the natural decay of men, the harmful ingredients of civilization, the social theories of a leisure class, the excesses of human ambition.

But, in our problem play, the same old Adam, with his akes and shams, his apologies and frauds, will appear so long as his life is bound up with the cause of social prejudis, the lust of power, the greed of authority, the predilection for ecclesiastic symbolism, the worship of tradition, the existence of superstition, the dred of progress, the legalizing of vice, the surrender of individualism, the fury of partisanship, and the barter of human liberty.

Our national product will be differently complexioned, of course. So it must be, in a country that launcht its social career on the "Rights of Man" and still stands reminiscent of the "Age of Reason."

*Note that Shaw classifying himself with them, ruthlessly stigmatizes social servants supinely committed to conservatism,-"these great prostitute classes of men;-dramatists and journalists, not to mention lawyers, doctors, clergymen, and platform politicians who are daily using highest faculties to belie their real sentiments"....Op. cit. in note 6,-pp. XXVIXXVII.

36. Cf. The Melting Pot, by Israel Zangwill; The Macmillan Co., N. Y., 1909.

37. Cf. The Literary Digest, May 1, 1909.-Mr. Walter Prichard Eaton of Plainfield, was once dramatic critic to a New York daily. The ideas of Mr. Eaton, reviewd in the Digest quoted, appeard in a number of "Success," May, 1909.

I

The Common Law and Judicial

Legislation'

ANDREW ALEXANDER BRUCE,

Dean of the College of Law, University of North Dakota

BELIEVE that few will take issue with me when I prophesy

that the present century will be immesurably great in its social and political importance and will always be lookt upon as an important epoch in our national history. It was for the past to democratize politics and religion. It is for our age to democratize industry. It was for the past to solv the problems of production. It is for this generation to solv the problems of distribution. It was for the past to protest against the tyranny of kings and of a landed aristocracy. It is for our age to furnish not merely the ideals but the legal and social foundations for a newer democracy. It was for the past to overthrow royal monopoly. It is for our age to equalize privilege. It was for the past to overthrow the restrictions of feudalism and to preach a laissez faire doctrine of individualism. It is for us to put checks upon that individualism and to so form and control our modern industrial system that it may be a benefit and not a curse. It was for the past to teach a national loyalty and patriotism based upon a common inheritance and upon a common blood. It is for us to teach the newer cosmopolitan patriotism which is based upon a common interest, a common sympathy, and a common democracy.. We have practically solvd the problems of production and of transportation. Not many years ago it would have taken a girl a week to knit a pair of stockings. To-day, she can sit down at a knitting machine and turn out dozens in a single day. In every field of production we can produce a thousand-fold more than we did before. We can harness the air, the winds, to our chariots. We can cross the ocean in a few days. We hear everywhere men complaining of overproduction. Yet in times of business depression, and they are frequent, we find in this country alone between one and two million people out of employment. We find in our cities beneath all the refinement and culture of the so-cald upper classes a vast and pitiable substratum of misery and wretchedness, destitution and discontent. We find that crime is in

1. "The President's Address," deliverd before the North Dakota State Bar Association on September 6th, 1911.

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