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1916

THE WEEK

109

not, we will soon have to do what we should eral control. Short of universal training this have done long ago, and put Mexico's house is the best solution to our problem of defense in order for her. But even if we are to shun which can be secured. this duty, at least let us protect ourselves. Even if we are still to postpone attacking the

THE PRESIDENT AND root of the evil, at least let us shield ourselves MR. BRANDEIS from the poisonous offshoots that grow from In response to an inquiry from Senator the root.

Culberson, Chairman of the Senate Judiciary

Committee, which is charged with the duty THE COMMON SENSE OF

of reporting on nominations to the Supreme MASSACHUSETTS

Court, President Wilson has written a letter While the United States Senate and the giving his reasons for sending in to the Senate House are debating whether or not any step the appointment of Louis D. Brandeis as shall be taken to provide an adequate military Supreme Court Justice. Ordinarily the Deforce under National control, and while the partment of Justice is asked by the Senate prospect that any adequate programme of for any papers bearing upon a Supreme defense will be adopted grows dimmer and Court nomination ; but in this case the Dedimmer, it is worth while recording here one partment had no such papers, and the request hopeful and forward-looking proposition for therefore for information was to the Presiwhich the State of Massachusetts deserves the dent himself. credit. The Massachusetts Legislature has The President's letter to Mr. Culberson is passed a bill which should receive the atten- not only an unqualified personal indorsement tion of all those who are interested in National of Mr. Brandeis, but a eulogy of him as a security. This bill has been signed by Gov

man, as a lawyer, and as a publicist. The ernor McCall and is now law. The general foremost reason which the President gives for purport of this measure may be learned from the nomination is his own personal knowlthe following quotation :

edge of Mr. Brandeis. The President named The Governor, with the advice and consent him, he says, “because I knew him to be of the Council, is hereby authorized and em- singularly qualified by learning, by gifts, and powered to transfer any or all organizations, by character for the position.” The charges departments, or staff corps of the Massachusetts which have been made against Mr. Brandeis, volunteer militia to such United States volun

the President says, “ threw a great deal more teer military or naval force, other than the regu

light upon the character and motives of those lar army or navy, as the Congress of the United States may at any time authorize. ...

with whom they originated than upon the The Governor, with the advice and consent

qualifications of Mr. Brandeis.” And he of the Council, may lease to, or permit to be

adds that when he considered Mr. Brandeis used by, any United States volunteer military as a possible member of his Cabinet he himor naval force, organized under the laws of the self looked into these charges, “and found United States, any military or naval property that they proceeded for the most part from belonging to the Commonwealth.

those who hated Mr. Brandeis because he Properly enough, under the forms of enlist- had refused to be serviceable to them in the ment in the National Guard, these general pro- promotion of their own selfish interests, and visions are limited by the exception that any from those whom they had prejudiced and officer, enlisted man, or organization of militia misled.” In consulting him on nice quescannot be forced to enter the Federal service tions of honor the President declares he has without consent being given. From the in- received from Mr. Brandeis “counsel singuformation which we have concerning the rank larly enlightening, singularly clear-sighted and and file of the organized militia in Massachu- judicial, and, above all, full of moral stimulasetts we believe that there will be little hesita- tion.” tion in accepting the opportunity provided The President recounts in his letter the for in this Act if Congress, in its wisdom, public service of Mr. Brandeis, already reshall ever make such an opportunity avail- viewed in The Outlook. After declaring able. If the example of Massachusetts that he did not depend upon “indorsecould be followed throughout the country and ment” for his knowledge of Mr. Brandeis, at Washington, the organized militia would but nevertheless consulted many men in cease to be a State force and would become whose judgment he had confidence, the the backbone of a volunteer force under Fed- President concludes with a tribute to Mr. Brandeis's impartial and constructive mind. the ground that he is a “favorite son," but his analytical powers, his human sympathy, because they believe that he has certain qualihis American idealism, his sense of justice, ties that entitle him to National considerahis knowledge of modern economic condi- tion. Our correspondent points out that all tions, and his judicial temperament.

the other prominent Republicans talked of as As in other cases, the President's vague candidates embody or represent serious facreference to the opposition as having its tional conflicts. To quote our correspondsource in unworthy motives has occasioned ent's own words : “ Massachusetts talks not unreasonable resentment. The phrase- about Weeks and McCall ; New York talks ology which the President has used does not about Hughes, Root, and Roosevelt ; Ohio strictly apply to all those who oppose Mr. talks about Harding and Burton ; but IndiBrandeis's nomination, but the general im- ana talks only of Fairbanks." Our correpression which he gives tends to put honest, spondent adds that the reasons why Indiana as well as dishonest, opposition into the same Republicans are a unit for Fairbanks and category. This is unfortunate, and will be insist that he will be an important factor in deplored by the friends of the President and the Convention may be briefly set duwn as of Mr. Brandeis as well as by those who follows: honestly regard the nomination as unsuitable. 1. He is a harmonizer. While he supported On the other hand, the President's strong, Mr. Taft in 1912, he was in no way identified courageous, and unqualified defense of Mr. with the steam-roller tactics that were so offenBrandeis ought to be received with respect sive to the Progressives. The State delegation, by those who are opposed to the nomination, which is composed of both the Old Guard Reas well as by those who hope to see Mr.

publicans and Progressives, is the best indica

tion of this. Brandeis confirmed.

2. He is a conservative, but not a reactionary. It is highly unfortunate that this nomina

The Republican party will adopt a platform of tion has been made the subject of a contro

progress, and both personally and as a party versy that has been accompanied with much man Mr. Fairbanks will accept that programme. vague innuendo and personal attack. A great 3. He is a man of the highest personal integdeal of the criticism of Mr. Brandeis, even rity, and if elected he may confidently be exfrom those who are honestly opposed to him, pected to associate with him in the administra. will tend to create the impression among

tion of the Government other men of integrity. many of the plain people of this country

4. He believes in party government, and, if that the man who devotes high legal ability

elected, will be a party man in the best sense of

the word. incisively and successfully to the defense of

5. He is well equipped to deal with foreign the public interest is subjecting his reputation

affairs. McKinley placed him on the Angloto a greater peril than that incurred by law

American Joint High Commission for the sucyers who are not over-scrupulous in devoting cessful settlement of questions of controversy their high legal ability to the protection of between this country and Great Britain growspecial interests. It will be hard to erase ing out of the relations w th Canada. He has this impression from many minds. No real actively served on the Foreign Relations Comgood has been accomplished and much harm mittee of the Senate, as a Senator and l'icehas been done by carrying on this investiga

President presiding over that body, and he has tion in public.

had wide foreign experience as a traveler. The Outlook hopes that Mr. Brandeis will If the Republican Convention in Chicago be confirmed, and it also hopes that the hear- in June is to be conducted along the lines of ings in the case of the Brandeis nomination Republican conventions in the past, and a will not serve as a precedent for the future. man is to be nominated because he can

carry this or that State and can adjust party MR. FAIRBANKS AND

differences, or because he is free from perTHE PRESIDENCY

sonal quarrels and antagonisms, we should A responsible correspondent in Indiana agree with our correspondent that Mr. Fairasks why The Outlook, in its consideration banks must be regarded as an important of the pre-nomination campaign, has ignored ex-Vice-President Fairbanks, and urges upon But if the Convention is to be a deliberaus the claim that Mr. Fairbanks is a very tive convention, to deal with the greatest real factor in the situation. His supporters National and international crisis that this in Indiana make this claim, not merely on country has faced since the Civil War, it will

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CARTOONS OF THE WEEK

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THE KUT-EL-AMARA AFFAIR FROM TWO VIEW-POINTS

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select a man because he is resolute and on the high seas naval officers and sailors qualified to meet international complications wearing the uniform of the German Empire and to defend American rights. On this and acting under the German Imperial basis, we do not think Mr. Fairbanks, in standard have assassinated American citispite of his personal integrity, his political zens. The cases of murder quoted by the experience, and his party service, will be a “Evening Post " and the cases of murder to factor. A Republican of his type might have which we have just referred are as far apart been nominated, as Mr. Harrison was nomi- as the poles, and are as unlike as the minus nated, in 1888, but we do not believe that a and plus signs in mathematics. Harrisonian compromise will be made in If a band of riotous Hamburg dock work1916.

ers had seized an ocean-going tug and under

the black flag of piracy had attacked a merOFFICIAL AND

chant vessel on the high seas and killed UNOFFICIAL MURDER

American citizens, and President Wilson had That editor who during a Presidential pre- carried on a diplomatic correspondence with nomination campaign should endeavor to cor- Germany about the murder, and Mr. Rooserect all the erroneous criticisms of the various velt had criticised him for his patience, there potential candidates would have to work at would then have been some justification for least twenty-four hours a day. But occasion- the alleged parallel of the New York “ Eveally there appears a criticism which has such ning Post ” and the New York “ World.” a bearing on historical fact that it is worth The trouble is that this country is not yet while for a journal of current history, like waked up to the fact that murders of The Outlook, to deal with it in the form of Americans in Mexico and on the Lusitania what the Kansas City "Star "recently called were committed by representatives of Mexico * an historical foot-note.”

and Germany, and are therefore official murOf such a nature is the misstatement ders. It is this distinction between official recently made by the New York “ Evening and unofficial murder which American jourPost," and repeated in the New York nalists who have any regard for historical “ World,” regarding Mr. Roosevelt's relation accuracy ought to keep in mind. to the assassination of American citizens while he was President. In his recent ad- NEW YORK'S “FINEST" dress before an important assembly of Metho- What was otherwise the most reassuring dists in New York City, Mr. Roosevelt said police parade New York City has ever had that while he was President “ not one man, was marred by an accident. A policeman, woman, or child was slain by representatives dressed like a thug, after snatching a handof any foreign nation.” Whereupon the bag from a police matron, who was " in the " Post," turning to the records, found that a play” like himself, was running toward the number of American citizens had been killed reviewing stand containing the Mayor and the on foreign soil during Mr. Roosevelt's Presi- Police Commissioner, where he was to have dency, that in one case the survivors had been knocked down and captured by a police demanded the protection of a military force, dog, also trained for this little drama, when a and that that protection was refused. The plain-clothes man, who had not been informed * Post" and World” proceed to ask: In of the make believe nature of this by-play, view of these unquestioned records, how are drew his pistol and shot the pretended thug we to regard Mr. Roosevelt's statement ? through the jaw. Patrolman Christopher Our reply is that it must be regarded as abso- Reilly, who was shot, will recover, it is now lutely accurate. In every instance named believed, although he will probably be scarred by these two journals the Americans were for life. Even he, however, joins the genmurdered by private assassins, not by repre- eral verdict that holds the man who shot him, sentatives of any foreign nation. On the Detective Sergeant John J. Kilroy, not to high seas and in Mexico American citizens blame. Reilly held a smoking revolver in his have been assassinated by official representa- hand as he ran toward the Mayor, and to those tives of other nations. Carranzista soldiers who had not been pre-informed it certainly under arms, under military discipline, and seemed that Reilly was about to attempt wearing the uniform of the lawful Mexi- the assassination of the city's chief executive. can Government recognized by President Blame for this unfortunate event, which Wilson, have killed American citizens. And was almost a tragedy, has been promptly taken

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