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arguments. It has appealed to neutrals for such suffering as there was in Paris when support by trying to enlist their sympathy for the Germans were besieging that city in the a besieged people suffering from starvation, war of 1870; but the German people are and at the same time it has appealed to neu- a besieged people, and are suffering the contrals for support on the ground that the Ger- sequence of the siege. man Government is so efficient and strong, Americans must not confuse the natural and therefore right, that it has been able, not human sympathy which they feel for any only to fight a mighty war, but to provide people in distress with judgment concerning for its people through successful organization the right and the wrong of a great conflict ample food as well as other supplies. Thus, like that of the European war. on April 5, in a speech before the Reichstag, which was intended undoubtedly as much for MEXICO AND neutrals as it was for the German people, THE MILITIA Chancellor von Bethmann Hollweg said: Our " second punitive expedition," that “Our enemies forget that, thanks to the commanded by Colonel Frederick W. Sibley organizing powers of our entire population, and composed of detachments of the Eighth Germany is equal to the difficult task of the and Fourteenth Cavalry Regiments, has withdistribution of food supplies ; they forget that drawn from Mexico. But it has been a the German nation is in possession of moral success. It has really punished. And it has reserves great enough to reduce the standard also rescued. of living, which has risen considerably in past Following the rounding up of fourteen Mexiyears. . . . We shall not run short of any- can raiders by Major George T. Langhorne, thing in the future, just as we have not in which we reported last week, Major Langthe past.” And yet in the same speech he horne, who led Troops A and B of the Eighth appeals for Germany by denouncing Great Cavalry-forming the advance guard of the Britain's policy of starvation.

Sibley party-rescued Jesse Deemer and Nothing could serve a better illustration of Monroe Paine, two Americans who had been the difficulty of ascertaining the facts concern- kidnapped by the Mexican band that raided ing conditions in Germany. When the Ger- Glen Springs. The captives were taken man authorities want to persuade neutrals from their bandit guards at the little settlethat Germany is mighty, and indeed uncon- ment of Santa Fé del Piño, ninety miles querable, they present a picture of internal south of the Rio Grande. Although the prosperity. When they want to persuade bandits had had almost a week's start of neutrals that Great Britain is ruthless and Langhorne's men, the latter had been in the barbarous, they present a picture of a famish- field only two and a half days when they ing population. The truth is probably half- overtook the marauders. This ride was one way between the two extremes. The rate of of the most valorous and spectacular perinfant mortality in Germany, which is higher formances ever accomplished by American than that of most civilized countries-higher soldiers. It compares favorably with any of in Germany than in England, higher in Berlin the shining deeds that make the written than in New York—has during the war been record of the exploits of American cavalry in decreased so that a baby has more chance of Indian warfare one of the brightest chapters life in Germany now than it had before the in the military history of our country. war began. Mr. McClure prints statistics It is reported that during those two days which support his statement as to the lower and a half Langhorne's men hardly slept death rate in Berlin. He cites testimony as except for brief naps in the saddle, that they to the better health of the school-children ate mainly as they rode, and that for forage and the satisfactory condition in regard to their horses had to depend largely on the dry babies and mothers. He goes even further, bunch-grass of the desert. and says that the improved health of the These troopers did not permit themselves German people-babies, adults, soldiers in much rest after the rescue of the two Amerithe trenches-is a matter of universal com- cans, however. They pressed on, and a day ment. On the other hand, there is little later, forty-five miles farther into Mexico, doubt that the German population is feeling ten troopers under Second Lieutenant S. W. the inconvenience and discomfort that comes Cramer, of Troop B, Eighth Cavalry, overfrom the deprivations consequent to war. took a band of the fleeing desperadoes. A owhere in Germany is there probably any fight

fight ensued. Five Mexicans were left in

the mesquite bushes foi the services of those the wire under use without the knowledge of efficient undertakers of that country—the vul- the parties to the conversation. tures. · Two Mexicans were captured. No Two cases in particular have been cited by American was hurt.

the opponents of the Mayor and the ComAbout the time the Sibley expedition was missioner as cases where the wires admittedly withdrawn from Mexico—partly because it tapped by the police were leased by innocent had accomplished much of the purpose for and responsible persons. These cases are : which it had been sent in, and partly because first, that which involves Father Farrell, priest the expedition could not safely remain with- of a Brooklyn Roman Catholic church, and out large reinforcements—the Carranza Gov- Dr. D. C. Potter and Dean Potter, his son, ernment's protests against the presence of both, though former Protestants, associated this force of Americans became very vigor- with Father Farrell; and, second, the case ous. Almost synchronously with these pro- of the law firm of Seymour & Seymour, tests a large movement of Carranza troops whose wires were also tapped by order of northward from central Mexico was reported. the Police Commissioner. In the meanwhile the Pershing expedition is In regard to the first case the salient still marking time.

points in Mayor Mitchel's testimony, as a witThe Sibley-Langhorne expedition proved ness before the Thompson Committee, are as the value of well-trained men for international follows: First, that there has been during his police work. The failure of the militia of Texas, entire adminstration an organized conspiracy of New Mexico, and Arizona to respond promptly Catholics to interfere with the supervision by to the call for service proves the futility of the Charities Commissioner of the twenty-two depending on the National Guard in a Na- thousand dependent children committed by tional emergency. And, moreover, it has been the city to private charitable institutions,

discovered that many companies in all three but supported to a considerable degree by · States are far below their strength on paper. city funds ; second, that libelous pamphlets

The Outlook has already urged the aboli- attacking the city administration and the tion of the militia in its present form, with Commissioner of Charities were circulated double allegiance to State and Nation. The by the conspiracy of “co-religionists of my failure of the militiamen of Arizona and own ”—Mayor Mitchel is a Catholic ; New Mexico in this crisis ought to be con- third, that at a suggestion of the Mayor the vincing proof of the desirability of sub- Police Commissioner tapped the telephone stituting for the present militia of ambiguous wires of Father Farrell and of the two responsibility a Federal militia based on uni- Messrs. Potter. This was done on the susversal military training, with allegiance only to picion not only that Father Farrell, the prothe National Government and responsible to fessed author of the pamphlets, had comthe National Government alone.

mitted criminal libel by virtue of the circula

tion of these documents, but that others who WIRE-TAPPING CASES

had conspired with him were also guilty of IN NEW YORK

this crime. The allegation by Mayor Mitchel of a long- The Mayor went on to say that by means standing conspiracy on the part of certain of this wire-tapping the police got evidence officials of the Catholic Church and laymen that the four crimes of perjury, criminal libel, to obstruct the administration of justice and conspiracy to utter a criminal libel, and discredit his administration is, as wego to press, conspiracy to obstruct justice had been comthe latest and most sensational development mitted. of the investigation into the practice of what In regard to the case of police supervision is known as “wire-tapping” on the part of of the wires of Seymour & Seymour, memthe New York City police. This investigation bers of that firm have denied that they were has been conducted by the Joint Legislative engaged in any business of a criminal nature. Committee to look into the administration of They admitted that they were engaged in the the Public Service Law—the Committee consummation of a large transaction involving which is generally called the Thompson Com- the purchase of munitions of war for the mittee, after its Chairman, Senator George F. Allies. From this evidence the opponents of Thompson. “Wire-tapping” is the practice the city administration have based the hint of " listening in " or overhearing telephonic that the Seymour wires were tapped by the conversations by means of a tap applied to police solely as an improper means of assist

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ing a commercial competitor of the Seymour neglect of duty on the part of a police departfirm.

ment if it failed to use these measures against As to this charge The Outlook can say, on

thieves. the best of authority, that the Police Depart

Listening to conversations can be done at

short or at long range. At short range one can ment had what seemed to it to be abundant

do it sometimes by hiding behind a screen, by evidence to suspect that the supervision of

listening at a door; doing it at long range one the telephone wires of Seymour & Seymour

must resort to the dictagraph or to listening over would lead to the discovery of activities of a telephone wires. serious criminal nature. The firm of J. P. All these methods are essentially the same: Morgan & Co., a competitor of Seymour & necessary against thieves, unjustifiable against Seymour in munitions deals, complained to honest men. We try to take the most stringent the police that valuable information was being precautions, not merely in listening on wires, stolen from them, apparently by a man in

but in all forms of detective work, to see to it their employ. The preliminary investigation

that in taking strong action against crime and

criminals the rights of others are protected. of the police established the fact that larceny

We believe we should be justly open to critihad been committed and led them to believe

cism if, on the one hand, we fail to take all that the stolen information was being sold proper precaution against the abuse of detecto some one in the Seymour office. There

tive methods, and, on the other hand, if we fail was not the slightest evidence, however, that to use all lawful methods to protect society any member of the Seymour firm itself was against criminals. involved.

Sometimes the best of us make mistakes. On the same high authority, The Outlook We may unjustly suspect a man of being a is informed that the Federal Government

pickpocket and shadow him; we may unjustly had asked the New York Police Depart.

suspect two perfectly honest citizens of plotting

crime, and improperly listen to their private ment to co-operate in the prevention of

conversation; we may unwittingly, or by an treachery and of violations of American

error in judgment, listen to the conversation neutrality. In fact, the Police Department

over telephone wires of honest, law-abiding has been of great service to the Federal persons-the record of such a conversation, Government in work of this nature ; and however, would be immediately destroyed and just before the Seymour case was called to forgotten. And it must be remembered that the attention of the police they had secured telephone conversations from their very nature the conviction of a man named Schindel for cannot be private in the way that letters can stealing information from the National City be, since the employees of the telephone comBank to be sold to Germany. The police

pany cannot help hearing parts of conversations

and may, if they are inclined, easily hear all. believed that the Seymour case was of similar

We may, and unfortunately do, at times arrest character to the National City Bank case.

persons who are acquitted in court, but we

have to keep on making arrests, simply using POLICE ESPIONAGE

every possible precaution to see to it that injusIN A DEMOCRACY

tice is not done. In regard to the whole question of wire

Such mistakes are probably inevitable, since tapping by the police, Commissioner Woods

we are all human, but the effort has been and has made the following statement written for

will continue to be strong and unremitting to

reduce them to the lowest possible proportion, The Outlook:

and I feel that we have been successful in doing We recognize fully that in all kinds of police this in the past. work our duty is just as much to defend the honest man as to restrain the criminal. In

The facts of this wire-tapping by the police detective methods, therefore, we must be just as are still under investigation by an official careful to afford all possible protection against body. Charities Commissioner John A. intrusion on the privacy of law-abiding citizens Kingsbury and his legal adviser, Special as we are to ferret out the criminal and bring Deputy Corporation Counsel William H. him to justice. Much detective work, at best, is disagreeable. Kings County Grand Jury for tapping the

Hotchkiss, have just been indicted by the It involves methods that no one likes to use.

wires of Father Farrell and the two Messrs. It involves eavesdropping, shadowing, looking through windows, listening to conversations.

Potter for improper purposes, despite the It would be wholly unjustifiable to do this

assertion of Mayor Mitchel that the purpose sort of thing willfully where law-abiding citi- was a legitimate one. The way in which the zens are concerned, but it would be equally a Mayor has stood by his subordinates against certain of his fellow Catholics has been a fine for two reasons: first, because it is in conexample of political and moral courage. trast with the protest against Mr. Brandeis's

But, although all the facts in this contro- confirmation signed by the present President versy have not yet been determined, the of Harvard, Mr. Lowell; and, second, because principles may be laid down on which action in certain particulars Mr. Brandeis's views, should be taken when the facts are known. as, for instance, with regard to trades unions,

A democracy ought to sail an even course are known to be at odds with some of Mr. between autocracy and anarchy. The less Eliot's opinions. Mr. Eliot writes as follows: police espionage we have in a democracy, the “I have known Mr. Louis D. Brandeis better. To say the less crime we have in a for forty years, and believe that I understand democracy the better is an equally self-evident his capacities and his character. He was a statement. Russia is a country that well illus- distinguished student in the Harvard Law trates the evils of too much police espionage, School in 1875–8. He possessed by nature too much governmental interference in the a keen intelligence, quick and generous symaffairs of individuals. Mexico is a country pathies, a remarkable capacity for labor, and that represents the evils of too little police a character in which gentleness, courage, and supervision, too little protection of its citizens joy in combat were intimately blended. His by the Government. But it may be that professional career has exhibited all these police methods which would never be tol- qualities, and with them much practical altruerated in a democracy when applied to ism and public spirit. He has sometimes innocent citizens are necessary and desira- advocated measures or policies which did not ble in application to criminals or to those commend themselves to me, but I have never whom there is good reason to suspect of questioned his honesty and sincerity or his crime.

desire for justice. He has become a learned Between the course of Russia and the jurist. course of Mexico it ought to be possible for “ Under present circumstances I believe the United States to steer an intermediate that the rejection by the Senate of his nomicourse. Above all, we must remember one nation to the Supreme Court would be a grave principle—that is, that if a representative of misfortune for the whole legal profession, the the people seems to be wielding a power Court, all American business, and the counarbitrarily or unjustly, the remedy is not to weaken that power with checks on the man Our readers will find on another page an holding it. The remedy is to put that power article on Mr. Brandeis by Mr. William Hard. into the hands of a man responsible and capable of using it justly. In the present con- LAKE MOHONK troversy it may be suggested that the ques- ARBITRATION CONFERENCE tion is not whether the police ought or ought The Lake Mohonk Conference is not a not to have the privilege of tapping the tele- peace conference ; it is a conference for phone wires ; the question is whether the international arbitration. The object is not police have used that power with good judg- primarily to secure peace, but to secure a ment.

better means of obtaining justice between

nations than is furnished by war. The ultiTHE BRANDEIS

mate end is justice ; peace is regarded as an CASE

important incident and a sure result from The Senate Judiciary Committee on justice. This, repeatedly asserted by Albert Wednesday of last week reported, by a strict K. Smiley, the founder of the Conference, party vote of 10 to 8, a recommendation that was implied in the opening address of Mr. the nomination of Mr. Louis D. Brandeis as Daniel Smiley at the Conference held at Lake a Justice of the United States Supreme Court Mohonk, May 17, 18, and 19, and underlay be confirmed.

all the discussions which occupied the attenSupport for the nomination of Mr. Brandeis tion of the Conference both morning and has come from widely various sources. Nota- evening of the three days' session.

It may ble among the expressions of approval is a be safely assumed that the entire membership letter sent to Senator Culberson, Chairman believe that it is both desirable and practicaof the Senate Committee on the Judiciary, ble to substitute the appeal to reason for the by Charles W. Eliot, President Emeritus of appeal to force ; if there were any disbeHarvard. This letter is particularly notable lievers, they were not in evidence. The

try.”

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