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changes in the rules of the game. The same may be said with regard to air craft. If a German, French or English aircraft drops bombs behind the enemy's lines and hits non-combatants, men, women and children, or neutrals, are the nations sending out the aircraft to be held to particular liability? It is evident that the aircraft cannot give notice before the attack, cannot warn the civilians to get out of the way, cannot search the [buildings on which they drop the bombs to see if they contain war material.

H.

G. Wells, the eminent British author, is out with an article in which he declares that the way to beat Germany is through the air; that England must send out aircraft by the tens of thousands and drop explosives all over Germany, blow up their arsenals and ammunition factories, their supply depots of all kinds, and carry the war home to the German people. If such a mode of warfare is adopted by all the nations can any restrictions be placed upon it and will any restrictions be placed upon the operations of submarine craft?

PEACE BY COMPULSION

OME of the weaknesses and incon

bully to the weaker nations and of subserviency to the strong powers-unless we want to obligate ourselves to join in a war against the strong powers regardless of our preparedness or ability to carry on such a conflict.

The proposition to furnish a contingent to a posse comitatus to enforce the judgment of a World Supreme Court stands on a very different footing. The League of Peace plan would compel us to furnish a force to compel any other nation to come before the Council of Conciliation. The proposition formulated at Cleveland by the World Court Congress was to first establish the International Court by consent and agreement of the Powers, and then to help furnish a posse comitatus in case of necessity, to execute the decrees of the court. Any nation taking its case before a World Court voluntarily, would thereby tacitly agree to submit to the judgment of such Court, and in case it proved recalcitrant compulsion to compel its submission would be justified legally and morally.

PREPAREDNESS AND WAR

sistencies of the plan proposed by A

meeting are succinctly set forth in a com-
munication from Hon. James Brown Scott
in this issue of the WORLD COURT.
will be seen that the approval or adoption
of such a plan by the United States would
place the government and people of this
country in a very equivocal position. To
begin with, we should have to discard the
advice given by George Washington in his
Farewell Address, not to entangle our-
selves in the wars and politics of European
nations; and in the second place we should
have to place the Monroe Doctrine in
pawn. We should have either to abandon

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TA recent meeting at Cooper Institute one of the speakers was interrupted with the question: "Is Europe to-day an example of peace by preparedness?" The inference of the question was that preparedness for war, so far from preventing war, tends to breed war. This would be true if all nations would disarm. Europe to-day is not an example of peace by preparedness, but of war through unequal preparedness. Only one nation was thoroughly prepared for war, and that nation, in the conflict thus far, has proved the victor on all the battle fronts. If the other great nations had been equally prepared, there would undoubtedly have been no war. Half measures never led to satisfactory results. France and England and Russia knew, or should have known, that Germany was better prepared for war than any nation. in all history ever was before. They made a show of preparation, but when the war began they were not half prepared.

They had ample warning which they neglected to heed. They are now reaping the bitter fruit of their folly. Preparedness for war is not an insurance of peace if one potentially rival nation is permitted to so far exceed the others as to outclass them. Preparation for war is useless unless it is adequate.

MR. LANSING'S PROMOTION

T

HE promotion of Robert Lansing to be Secretary of State following Mr. Bryan's resignation is a recognition of the principle of selecting men for public place for demonstrated fitness to perform the duties of the position rather than for political availability. It is not known that Mr. Lansing has any political influence to speak of. But as Mr. Bryan's assistant he demonstrated the possession of a comprehensive knowledge of international law, sound judgment, and the diplomatic instinct. He has been all along the real Secretary of State whom the President consulted, while Mr. Bryan was merely the figurehead. It is of course an open question whether it would not have been better for the President to appoint a man of national reputation and commanding ability to occupy the chief place in his Cabinet, relying upon Mr. Lansing for the detail and technical work. Such an appointment might have added strength to the Wilson administration, but while Mr. Lansing occupies the place the people of the country will have a comfortable feeling that no foolish mistakes are likely to be made, and that no half baked or hair brained theories will be promulgated to complicate our foreign relations and make our State Department a laughing-stock.

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apparently convinced the President that any movement in that direction would be useless at present. Col. House came in touch with the leading soldiers and statesmen of the various belligerent nations, and he found that no nation was ready to accept any peace terms that the enemy would be likely to offer. One important phase of public sentiment in Germany, as stated by Col. House is the idea that Germany's most important interests lie in colonial expansion and the incidental development of over-seas commerce, rather than in territorial expansion in Europe itself. To this end Germany, it is believed, will demand as a condition of peace the freedom of the seas-that is, the recognition of the principle that the property, except contraband, of all private owners shall be exempt from seizure on the high seas in time of war. This is a principle for which the United States. has always contended. There is no reason why private property on the seas should not be exempt from seizure the same as is private property on the land. Germany's ambition for colonial expansion may be of vital interest to the United States if that ambition takes the direction of colonial expansion on any part of the American continents. It may be that when peace comes to be arranged our Monroe Doctrine will be subject to closer examination than it ever has been before, and if any disposition is shown by the contracting powers to contravene it, it will be up to the people and government of this country to decide whether they will let down the bars or firmly maintain it. And if we are to maintain it, the question of our physical power to do so will have to be considered.

PIRATICAL PERSECUTION OF BIG BUSINESS HALTED

HE decision of the Federal Court in the suit brought for the dissolution of the United States Steel Corporation holds out some hope to business men that the persecution of big business in this country merely because it is big, is to cease. The case has to go

to the Supreme Court of the United States, but the decision of this tribunal in the Cash Register Company case leads to the reasonable inference that it will uphold the decision of the lower court in the Steel Corporation case. The essence of the Cash Register decision is that the mere ability to commit the crime of combination in restraint of trade is not equivalent to the commission of the crime. The Cash Register Company, by reason of its bigness, could, had it been so inclined, put smaller concerns out of business by unfair competition; but the evidence adduced failed to prove that it had done so. The lower court gave it a clean bill of health, and the Supreme Court tacitly approved the verdict of the lower court. The Fgovernment lawyers denounced the Cash 1. Register Company in unmeasured terms virtually on the ground that its size made it a menace to competition, but the courts refused to hold it guilty because it possessed power which it did not exercise.

Nothing could show up in a clearer light the folly of the Government's persecution of big business. To dissolve a corporation, or to penalize it, simply because it possesses the power to commit an offense which it does not commit, would be equivalent to ordering the arms of a stalwart [citizen cut off lest he use his fists to pound some weaker citizen to a jelly. The attitude of this administration towards business, if we judge it by some of the prosecutions for which it stands responsible, is that success in business is an evidence of an evil disposition and a menace to all other business. If the Federal Courts have successfully called a halt upon this piratical attitude towards the country's industry and commerce, the people of the country have reason to thank God for the Federal Courts.

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many would offer moderate terms. For so far as the war has proceeded Germany is actually the victor. If peace were declared now on the basis of the status quo, Germany would be in possession of foreign soil which would vastly increase her resources and her prestige, and would have an army in being and stores of ammunition surpassing that of all the other belligerents combined. If Germany would enter into a League of Peace with the other great powers to compel the peace of the world, there would be no doubt of the ability of such a league to keep any and all nations from war; but with Germany left out, her veto upon any plan of compulsory peace would be sufficient to wreck it. We are only stating the situation as it stands today. What changes in it the future will make we cannot predict. It is evident that Germany's power cannot be materially crippled except by a long war. If the Allies can hold her in check and continue to hold the seas, that may bring about German exhaustion of which there are no signs at present. Such a prolongation of the war will also bring about the exhaustion of the other nations, so that their people will be ready for a just international arrangement to insure universal peace. But even then Germany will be a power to be reckoned with, and any League of Peace or International Bund that aims to be effective will have to include the great Germanic peoples.

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R. DAVID JAYNE HILL, former American Ambassador to Germany, says, in a recent magazine article, that there are two antagonistic schools of thought regarding the application of moral principles to international affairs: First, the Realpolitiker, who hold that international rights have no other basis than superior strength-in brief, that Might makes Right. Second, the Idealpolitiker, who desire to place the entire international system upon the basis of strictly moral conceptions.

It is generally recognized by publicists

that as a matter of fact there is at present no enforceable international law. There are certain rules for the conduct of war set up, but no means of enforcing them. And as for the matter of declaring war, there is absolutely no recognized restraint. One nation may declare war against another for revenge, for conquest, for subjugation, or for the purpose of restraining and crippling its trade. In short, international law as it exists today is nothing more than a system of ethics or public opinion. Public opinion often makes its influence felt in a nation, and may become enacted into enforceable laws. But there is no means of enforcing ethics as between nations, and any nation which feels itself strong enough to do so, may defy world opinion.

An international tribunal for Judicial Settlement, which we might call a World Surpeme Court, established by the consent and coöperation of the great powers, could gradually erect a body of international law that would be both ideal and real. This is the only way in which international law will ever come to have any actual, positive, binding force.

IDEALISM NOT PRACTICALLY POTENT

I

N SPITE of this fact, there are idealists like Former Secretary Bryan who, while insisting that the United States should set up as a sort of moral mentor for the world, nevertheless contend that we should not increase our armament. They proclaim themselves advocates of peace at any price. This may be correct as a mental attitude, but in these strenuous times, when the most powerful nations are appealing to physical force to adjust questions which might better have been settled by diplomacy, the still small voice of moral suasion, though coming from potentially powerful America, is not

likely to be heard, above the din of battle. We can record our protests, of course, but so far as any practical measures to enforce humanity are concerned, we are quite powerless. Our government should either keep out of the mess, and wait for returning reason, after the war is over, to pave the way to universal peace through Judicial Settlement-or, we should immediately proceed to place ourselves in a condition of preparedness for war.

GERMAN SOCIALISTS FOR PEACE

U

TTERANCES of various Socialist leaders and newspapers in Germany in favor of peace have recently filtered out of Germany, and have aroused considerable interest. The German Socialists differ materially from the Socialists of many other countries, in the fact that they constitute a recognized and responsible political party which has a large representation in the German parliament. The idea has widely prevailed that the German people were absolutely united in favor of carrying on the war to the point of "world domination or downfall," but now we find men and publications of influence deprecating the idea of conquest and annexation of territory, or an invasion of the liberties of other peoples. They declare that the mass of the German people want peace, and that Germany's military victories place the German government in a position to negotiate peace with justice and honor.

Whether these utterances represent any deep or widespread sentiment in Germany, we have no means of knowing. But their publication serves to inspire a hope that the implacable purpose of Germany to carry on a war of conquest has been exaggerated, and that discussion of terms of peace might not be premature even now, if some feasible plan were presented.

EDITORIALS

"THE WORLD COURT makes its début to-day. It supplants the magazine formerly published by the International Peace Forum, entitled The Peace Forum but as will be observed, it undertakes a much larger and far more vastly important work in its ambition to further the creation of a World Court. As a magazine, an effort has been made in this initial issue to give it all the veneer and finesse of the latter-day periodical. As the months proceed, every effort will be made by the men of letters associated with it and its contributors to further its value as a publication of world wide importance. The necessity for such a magazine was made patent at the recent World Court Congress. The delegates and many men of affairs who participated in that epochal Conference realized the enormous importance of an organ to voice the sentiment for this great project.

During the past few months, the work of the International Peace Forum has been specifically directed to the project of furthering the institution of a true International Court of Justice, which was adopted in principle by the forty-four nations composing the Second Hague Conference (1907), including Germany and Great Britain. The suggestion has also met the approval of many State Legislatures, leading Chambers of Commerce and other representative civic, industrial, educational and religious bodies. It received a mighty impulse and enthusiastic endorsement at the recent largely attended World Court Congress, at Cleveland, Ohio. This project is thus no chimerical scheme or iridescent dream, but a well matured plan which if properly sustained will prove a powerful factor in insuring the future peace of the world. Such a tribunal as is contemplated would not only be able to adjudicate specific disputes but would gradually build up a body of International Law as potent in preserving the peaceful relations of nations as the body of domestic laws is in

preserving peaceful relations among the citizens and states of the several nations. In becoming more specifically the organ and representative of this world-wide movement, this magazine broadens its field and adopts a name more expressive of its larger mission.

The Peace Forum, during the four years of its existence, has steadily grown in circulation and usefulness and influence. It has become the medium through which many of the most distinguished writers and speakers have sought to reach the public. THE WORLD COURT will continue to be the medium of expression of such contributors of national and international reputation. national reputation. In coöperation with them it will continue to advocate peace in all relations of private and public and international life, with the specific object in view of extending the principle of judicial settlement which now lies at the foundation of the civil authority of nations, until it becomes the foundation of all international relations, when nations will no more think of submitting their differences to a duel between armies and navies than individuals in civilized and well ordered countries would think of resorting to the arbitrament of the private duel.

Not only will THE WORLD COURT advance the idea of judicial settlement in relation to world disputes, but will strive to establish the principle as the basis of national peace and prosperity. This is a work which should appeal to all business and professional men, indeed, to all toilers whether with hand or head. Laborers in all fields are entitled to the fruits of their toil. The humble worker with his hands is not to be dispossessed by the confiscatory programme, any more than is the farmer, the merchant, the manufacturer or the educated specialist. It is a trite saying that the interests of capital and labor are identical,—a truism no one dares formally to dispute; but there is no doubt that in the enactment of legislation and the execution of laws, representatives

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