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note seemed to be inconsistent with President Wilson's acquiescence in the proposed conference with the Bolshevists at Prinkipo last year.

Further editorial comment on the Polish situation will be found elsewhere in this issue.

THE LATEST GERMAN VICTORY

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HE latest Boche victory is not in diplomacy or politics, such as has latterly repeatedly been won in getting easier terms under the Treaty of Versailles; it is economic. It means the return to active business of the HamburgAmerican Line. The pledge for this statement comes from the American Government itself. Such news will be received with joy by the forty-odd thousand petty officers and seamen hanging about Hamburg for jobs. Engineers have been working on other than German ships there and deck officers have been actually acting as checkers on the piers and as watchmen on the ships, while cooks and stewards have been employed in the hotels throughout Germany.

A statement by the United States Shipping Board, as published in the daily newspapers, informs us that more than a year ago it concluded that the pre-war facilities, experience, and good will of the Hamburg-American Line, which before 1914 was the premier steamship company of the world, could be utilized to the general advantage of the American Merchant Marine; that after investigation it was decided that a combination of the Shipping Board and the Hamburg-American Line should reopen some of the trade routes formerly operated by the Hamburg interests, "in a purely American way," but that it would be better if an agreement were made between the Hamburg Line and a private company. Hence an agreement has been made between the United States Shipping Board, represented by the American Ship and Commerce Corporation, and the Hamburg-American Line, which now becomes the agent of the American corporation in Germany, the corporation to act in a similar capacity for the Hamburg Line here. Under the plan transatlantic passenger and freight services will be operated between New York and other American ports and Germany, and other services will be established by American ships between Germany and ports of the world other than the United States. Thus this country and this Government will directly aid Germany to obtain its old footing in the South American and other trades. Under cover of our flag, the powerful German trade agencies abroad are likely to be restored, despite the Shipping Board's rules that each line establish its own

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(C) Underwood & Underwood HANNES KOHLEMAINEN, OF FINLAND, WINNER OF THE MARATHON

Unofficial scores, as announced, give to the United States 212 points, Finland 105, Sweden 95, England 85, France 34, Italy 28, South Africa 24. Ten other competing countries won 10 or fewer points apiece.

In the course of the games American athletics broke three world's records and one Olympic record. They established world's records in the 400-meter hurdling race, the pole vault, and the 400-meter relay race, and an Olympic record in the running high jump.

Press despatches from Antwerp, Belgium, where these games were held, give most prominence to the field and track events, but the Olympic games are not confined by any means to these sports. Gymnastic contests, aquatic sports, rifle and pistol shooting, are also a part of the Olympic games. The official total of points of all the contests involved in the

entire series of games has not yet been announced.

Portraits of two American recordbreakers are to be found in "Current Events Illustrated" on another page.

THE HAGUE SPIRIT

T looks as if some day we might have a real court of international justice. Concerning the selection of judges for the proposed court, The Outlook has already reported the recommendations made by the Jurists' Advisory Committee, of which Elihu Root is a member. These judges would be chosen for a long period of years; the principle of permanence should foster the development of a strong judicial precedent, especially as decisions will be based, not upon adjustment and compromise, but solely upon law and fact.

Side by side with the problem of selecting the judges came the question as to whether a nation should or should not have a judge of its own nationality on the court whenever its interests were involved. It was finally decided that each party before the court should be represented by a judge of its own nationality. As to the court's jurisdiction, it was evident that the court would be competent to decide all cases voluntarily brought to it. Beyond these, however, certain classes of cases by their very nature should be submitted to the court, cases in which the court should in any event have the right of judgment and compulsory adjudication. Four classes, it was decided, would call for obligatory arbitration-that is, the state complained against would be obliged to appear in court, failing which the court would be free to proceed with the hearing of the case and the handing down of the decision. These four classes are:

1. Disputes as to treaty interpreta-
tions.

2. Questions of international law.
3. Any fact which, if established,
would constitute a breach of any inter-
national obligation.

4. The extent and nature of the repa-
ration to be made for such breach.

Then there came the problem of the law to be applied. Here again four categories were decided upon, to be applied in the following order:

1. Any international agreements.
2. Any international custom.

3. General principles of law recognized by civilized nations.

4. Judicial decisions or opinions common to the most eminent jurists of the different countries.

Another problem was the status before the court of countries not members of the League of Nations. It was decided that, for states like our own, invited to enter the League but not yet members,

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MR. COX'S CHARGES

G

OVERNOR COX, the Democratic Presidential candidate, has been repeating his charges concerning campaign contributions. In his Wheeling speech, the first after his speech of acceptance, he charged, as reported, that certain interests were banded together to buy the Presidency and that millions had been contributed to the campaign fund of the Republican party with sinister intent. In his subsequent speeches he has charged that a vast corruption fund is being gathered by financiers for use in the Republican campaign, that the Republicans are raising a fifteen-milliondollar campaign fund, and that a ring of corporations and "greedy interests" is contributing largely to this fund, etc.

Mr. Franklin Roosevelt, the Democratic Vice-Presidential candidate, declared, as reported, that the Republican campaign fund would exceed thirty million dollars, adding that "such a sum could not be honestly expended."

Mr. Hays, Chairman of the Republican National Committee, has replied to Governor Cox and Mr. Roosevelt, as follows:

Both of these men know that the Republican National Committee has adopted a plan, which I announced more than a year ago, for financing our campaign by a method of decentralized giving, securing small contributions from a great many, with a limit of one thousand dollars as a maximum for any contribution; that Mr. Harding had publicly approved the plan, and that the Committee had readopted it after he was nominated. . .

...

By reason of the enlarged electorate and the greatly increased cost of all things, we figure that there will be required a total of about three million dollars, an average of about ten cents per voter.... If this attempt. should fail to produce the requisite sums, we shall so state publicly, increase the maximum, and seek additional contributions.

There has been no intimation, so. far as we know, by either Mr. Cox or Mr. Roosevelt, that the Democrats have declined to receive the largest contributions possible. Mr. Hays said handsomely that no criticism of the Democrats for seeking the largest obtainable contributions would be offered. He added:

Nor shall we, in resentful emulation of the positive charges of the Democratic candidates, so much as intimate that their responsible officers will use any part of their fund corruptly. Frankly and squarely, as between mutual respecting citizens, we don't believe they will, or would if they could.

If proof of corruption exists it is an absolute duty to expose it immediately,

SEPTEMBER 1, 1920

for that is a direct method of preserving faith in government. But no charge of corruption should be made in a political campaign without ample proof; for every such charge unproved tends to undermine

(C) Clinedinst GOVERNOR COX-A PHOTOGRAPH TAKEN ON HIS RECENT VISIT TO WASHINGTON

faith in the soundness of government itself.

GOVERNOR SMITH IS NOT
ASLEEP

OVERNOR SMITH has called an extraordinary session of the New York State Legislature. for September 12, to formulate measures for the relief of the difficulties arising from the present shortage of dwellings. It is a real emergency which justifies this special session, and the Governor is to be commended for the action which he has taken.

There is another factor in this call, however, of political significance which we suspect that the Governor has not failed to observe.

The seats of five Socialists from New York City in the New York State Assembly are now vacant owing to the ouster proceedings conducted by Speaker Sweet, which have been fully reported in The Outlook. The Governor in his call for a special session says:

Accompanying the proclamation for the extraordinary session I have issued a proclamation calling special elections on September 16, 1920, in the five large Assembly districts that would not be represented in the Assembly at the extraordinary session.

I am unable to bring myself to the undemocratic way of thinking that

five large Assembly districts, containing a population of approximately 250,000 people, in the congested portions of the counties wherein the unrepresented Assembly districts lie and vitally affected by the housing conditions, should be without representation in the Assembly.

In this. the Governor has taken an absolutely sound position, and one which, as we have previously inferred, will not be without political importance. It will undoubtedly strengthen him immeasur ably in New York City, the district which Governor Smith must carry by a large majority if he is again to overcome the Republican vote "up State." Perhaps Speaker Sweet and his allies will now see that they have committed a political blunder, even if they are not ready to admit that they violated the fundamental principles of American government. In the politician's category of crime the first is a greater offense than the second. In a Presidential year, in which the New York State vote will have such a tremendous influence upon the final result, Speaker Sweet's Bourbonism may weigh heavily in the scale of the National campaign.

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WILLIAM BARNES WRITES A BOOK

MR.

R. WILLIAM BARNES of Albany has written a book. We have not seen this book, but we learn from the New York "World" that it is entitled "Republicanism in 1920." The "World" also states that many subscriptions to aid in the publication of this volume, averaging at least a thousand dollars apiece, were gathered from men who have been regarded as intelligent leaders of the financial world. Exactly why these men contributed or for what purpose the money was to be applied has not yet been made clear. The Republican National Committee, however, has stated, according to the World," that the persons who contributed to the publication of "Republicanism in 1920" were assisting a private undertaking and not the National party.

66

In its account of the publication of Mr. Barnes's volume the volume the "World" quotes a letter sent by Senator Harding which will do much to alienate the progressive element in the Republican party. We publish this letter in full:

Hon. William Barnes, No. 20 East 48th Street, New York City.

My Dear Mr. Barnes: I am in receipt of your letter of recent date in which you outline your plans for the

publication of a volume under the title of "Republicanism of 1920."

I do not hesitate to commend the undertaking, which contemplates the presentation of the real gospel of Republicanism. We need it in the party, and the country needs the party restored to power committed to the orthodox Republicanism which made us what we are, and it is essential to the fulfillment of a great American destiny.

I should be very glad to co-operate with you in any possible way to make the work a real success. If we can have the promulgation and distribution of wholesome doctrine, it will contribute a very effective part in restoring the party to power.

Wishing you success, I am, very truly
W. G. HARDING.

yours,

If Mr. Barnes is an authority on the "Republicanism of 1920," so much the

Central News Service

GENERAL HALLER, OF POLAND, AND GENERAL WEYGAND, HIS COUNSELOR

worse for that Republicanism. If we were to suggest a title for Mr. Barnes's venture in literature, we would offer "The Republicanism of 10,000 B.C." The New York "World" has no need to cry, "Would that mine adversary had written a book !" He has.

WOMAN SUFFRAGE NEARLY
OVER THE TOP

ON August 18, 1920, the lower house

of the Tennessee Legislature passed the resolution ratifying the Nineteenth Amendment to the Constitution. As the upper house had already passed the resolution, the action of the lower house Iwould have been final if it had not been for certain parliamentary and legal obstacles. As all but one of the necessary three-fourths of the States had ratified the Amendment, these obstacles alone prevented the Amendment from becoming a part of the Federal Constitution.

The Tennessee Legislature acted despite the State Constitution's provision that no legislature should act on an amendment to the Federal Constitution unless elected after the amendment. had been submitted. Following a motion to reconsider the action it was discovered that thirty-seven anti-suffragist members, fearing another suffrage victory, had followed

e example of Andrew Johnson's Tennes"walkout" of 1841. They had crossed

the State line into Alabama (where the Tennessee police could not force their attendance), thinking to prevent the gathering of a quorum and thus indefinitely to stop any legislative action except adjournment from day to day-or at least long enough to win the two votes from the ranks of the suffrage supporters needed to pass a motion to reconsider. Nevertheless, the members remaining defeated reconsideration.

But the anti-suffragists did not stop there. A judge of the Chancery Court of Davison County (in which the State capital is situated) issued a temporary writ of injunction restraining the Governor and Secretary of State of Tennessee from transmitting to the Federal Secretary of State at Washington a certification of ratification. The "antis" have now obtained an injunction enjoining the clerks of the two houses of the Legislature from making out such certification. Despite these precautions, the Governor has certified the ratification, and has sent the certification to Secretary Colby.

The anti-suffragists thus declare (1) that the ratification resolution was not legally passed; (2) that the motion to reconsider was defeated by less than a legal quorum; (3) that State officials have been enjoined against attempting to certify the ratification, and that the Federal Secretary of State will be; and (4) that the validity of the Legislature's action will be denied by the courts.

Until the action of the Legislature is confirmed by a legal certificate from the State of Tennessee to the United States, and the ratification of the Amendment by three-fourths of the States is proclaimed by the Federal Secretary of State, the Constitution remains unchanged.

POLAND

URING the third week in August the

Russians developed into so large a movement that by the end of the week the Russian armies on almost the entire front were retreating in disorder.

It is impossible at this time to give a coherent and trustworthy account of the military movement which for the time at least prevented the capture of Warsaw and what threatened to be the complete defeat of Poland. When it is remembered that even the first Battle of the Marne was not generally fully understood until many weeks after it occurred, it is not. surprising that the account of this engagement in the heart of Poland, which has been likened to the Battle of the Marne, should seem confused. Most of the reports come from Polish sources or sources friendly to Poland, and it is not impossible that Poland's victory may

have been exaggerated. On the other hand, it is clear that the Bolsheviki have failed in their immediate purpose and are not in the position to dictate the terms that they would have liked to impose upon Poland.

Most of the Polish advance was made to the north and east of Warsaw; and, it is reported, the corridor between Poland and the Baltic Sea, where Russian troops had appeared, was shut off from the rest of the Russian forces, and virtually the entire fourth army of the Russians was isolated. Many thousands of Russians surrendered and were taken prisoners.

Poland's military success has had the effect of stiffening the British Government's attitude toward the Bolsheviki. After a conference between Lloyd George,

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Prime Minister of Great Britain, and Giolitti, Premier of Italy, a statement was issued representing the attitude of the Governments of these two countries. That statement condemned the attempt of Russia to insist that Poland's army should consist of a single class of the country-the workingmen. In that statement occurred these significant words:

The government of Poland is based on the choice of the whole adult male population of the country without distinction of class, and the so-called civil army to be drawn from one class, which is referred to in the fourth condition of the Soviet terms, is only an indirect method of organizing a force to overthrow by violence the democratic constitution and substitute for it the despotism of a privileged few who may have absorbed the doctrines of Bolshevism.

The statement declared that if the Soviet Government refused to withdraw this sinister proposal, no free government could acknowledge or deal with the Soviet oligarchy."

66

This part of the statement sounds much like the note that was issued by the American Government explaining why the so-called Soviet Government should be treated virtually as an outlaw. Mr. Lloyd George incidentally said to newspaper correspondents that the American

note seemed to be inconsistent with President Wilson's acquiescence in the proposed conference with the Bolshevists at Prinkipo last year.

Further editorial comment on the Polish situation will be found elsewhere in this issue.

THE LATEST GERMAN VICTORY

THE

HE latest Boche victory is not in diplomacy or politics, such as has latterly repeatedly been won in getting easier terms under the Treaty of Versailles; it is economic. It means the return to active business of the HamburgAmerican Line. The pledge for this statement comes from the American Government itself. Such news will be received with joy by the forty-odd thousand petty officers and seamen hanging about Hamburg for jobs. Engineers have been working on other than German ships there and deck officers have been actually acting as checkers on the piers and as watchmen on the ships, while cooks and stewards have been employed in the hotels throughout Germany.

A statement by the United States Shipping Board, as published in the daily newspapers, informs us that more than a year ago it concluded that the pre-war facilities, experience, and good will of the Hamburg-American Line, which before 1914 was the premier steamship company of the world, could be utilized to the general advantage of the American Merchant Marine; that after investigation it was decided that a combination of the Shipping Board and the Hamburg-American Line should reopen some of the trade routes formerly operated by the Hamburg interests, "in a purely American way," but that it would be better if an agreement were made between the Hamburg Line and a private company. Hence an agreement has been made between the United States Shipping Board, represented by the American Ship and Commerce Corporation, and the Hamburg-American Line, which now becomes the agent of the American corporation in Germany, the corporation to act in a similar capacity for the Hamburg Line here. Under the plan transatlantic passenger and freight services will be operated between New York and other American ports and Germany, and other services will be established by American ships between Germany and ports of the world other than the United States. Thus this country and this Government will directly aid Germany to obtain its old footing in the South American and other trades. Under cover of our flag, the powerful German trade agencies abroad are likely to be restored, despite the Shipping Board's rules that each line may establish its own

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offices in the other line's country or in the countries outside of the United States and Germany.

It will be interesting to see whether American enterprise will outdistance German enterprise in this direction. Mutual advantage will doubtless result from this co-operative arrangement. The question

entire series of games has not yet been announced.

Portraits of two American recordbreakers are to be found in "Current Events Illustrated" on another page.

THE HAGUE SPIRIT

T as if some day we might have

as if some

is as to who will ultimately prove to be look court of international justice. It the preponderating partner.

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(C) Underwood & Underwood HANNES KOHLEMAINEN, OF FINLAND, WINNER OF THE MARATHON

Unofficial scores, as announced, give to the United States 212 points, Finland 105, Sweden 95, England 85, France 34, Italy 28, South Africa 24. Ten other competing countries won 10 or fewer points apiece.

In the course of the games American athletics broke three world's records and one Olympic record. They established world's records in the 400-meter hurdling race, the pole vault, and the 400-meter relay race, and an Olympic record in the running high jump.

Press despatches from Antwerp, Belgium, where these games were held, give most prominence to the field and track events, but the Olympic games are not confined by any means to these sports. Gymnastic contests, aquatic sports, rifle and pistol shooting, are also a part of the Olympic games. The official total of points of all the contests involved in the

Concerning the selection of judges for the proposed court, The Outlook has already reported the recommendations made by the Jurists' Advisory Committee, of which Elihu Root is a member. These judges would be chosen for a long period of years; the principle of permanence should foster the development of a strong judicial precedent, especially as decisions will be based, not upon adjustment and compromise, but solely upon law and fact.

Side by side with the problem of selecting the judges came the question as to whether a nation should or should not have a judge of its own nationality on the court whenever its interests were involved. It was finally decided that each party before the court should be represented by a judge of its own nationality.

As to the court's jurisdiction, it was evident that the court would be competent to decide all cases voluntarily brought to it. Beyond these, however, certain classes of cases by their very nature should be submitted to the court, cases in which the court should in any event have the right of judgment and compulsory adjudication. Four classes, it was decided, would call for obligatory arbitration-that is, the state complained. against would be obliged to appear in court, failing which the court would be free to proceed with the hearing of the case and the handing down of the decis ion. These four classes are:

1. Disputes as to treaty interpretations.

2. Questions of international law. 3. Any fact which, if established, would constitute a breach of any international obligation.

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4. The extent and nature of the ration to be made for such breach. Then there came the problem of the law to be applied. Here again four categories were decided upon, to be applied in the following order:

1. Any international agreements.
2. Any international custom.

3. General principles of law recognized by civilized nations.

4. Judicial decisions or opinions common to the most eminent jurists of the different countries.

Another problem was the status before the court of countries not members of the League of Nations. It was decided that, for states like our own, invited to enter the League but not yet members,

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