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leading towards a real union of Central relations, without being obliged to resort American states. Nothing less than this in any case to the employment of force. union was the avowed aim of the Con- The delegates therefore agreed to estabference, “ to promote the unification and lish a permanent.tribunal, to be called harmony of interests as one of the most the “Central American Court of Jusefficacious means to prepare for the fusion tice.” To it the Governments are to bind of the Central American peoples into on? themselves to submit all controversies single nationality.As a first means to of whatever nature. The delegates have this end there must be common legisla- even declared, in their Convention now tion wherever possible. Hence the Con- before the Central American Governference adopted a provision, like that of ments for ratification, that the Court the Hague Conference, for the regular, shall take cognizance of questions which automatic meeting of further confer- an individual of one country may raise ences. Within a month from the final against any of the other contracting ratification of the new treaties, each of Governments, no matter whether his own the contracting Governments agrees to Government supports the claim or not, name one or more commissions to occupy if the remedies provided by the laws of themselves with matters of an economic the respective countries shall have been and fiscal nature which it is deemed exhausted, and if a denial of justice proper to make uniform in Central Amer- shall be shown. It might be difficult to ica. Within six months after their ap- persuade most Governments to agree to pointment the commissions shall present such a provision. Each of the five a report, and each Government shall com- Central American Governments is to municate that report to all the other Gov- name a judge for a term of five years, at ernments, naming delegates to meet at a an annual salary of eight thousand dolcommon conference to be convened on lars. Final decisions are to be rendered the first day of the following January. in accordance with the agreements of at The object of this conference is to frame least three judges. It is a satisfaction common laws. Similar conferences are to note the provision declaring that the to be held annually thereafter in January. office of such judge, while acting, is not The first conference is to meet at Teguci- compatible with the exercise of his progalpa, and when its sessions are over it fession and the discharge of public offices shall designate the next place where the and employments—a provision doubtless conference is to meet, and so on from one day to be ratified regarding the conference to conference. Thus there Hague Court of Arbitral Justice. The will arise, we are glad to say, almost Central American Court is to sit at Carimmediately an international Central tago, but is authorized to transfer its American Parliament.

residence if deemed proper. The first suggestion of these details probably

came from Mr. Root. If so, he obtains

As in the Hague within a few months a second triumph, The Central American Conference last for the Hague Conference followed

Court of Arbitral Justice

summer, so in the almost to the letter many of his instruc

Central American tions to the American delegation. Thus Conference this autumn, if, with many, has been established, first, peace and the first subject of importance seemed amity in Central America, and, second, that of a transformation of the Confer- definite arrangements for the legislative ence into an International Parliament, and executive departments of a proposed the second was certainly that of the great state to be made out of five present establishment of an Interðational Court. little states. Finally, we in the North Such a Central American Court should may feel justly elated because of the represent, as the treaty text says, “ The moral bond toward ourselves and MexNational Conscience of Central Amer- ico involved in the fulfillment of these ica.” It should efficaciously guarantee treaties. Civilization is thus justified of the rights of the five Governments, and her children. The strong have aided maintain peace and harmony in their the weak.


Probably no recent writer and more interesting things. In these Mr. Kipling

is more widely read by words of Mr. Kipling is presented the to College Men

undergraduates in Amer- gospel of the real life, of common sense, ican colleges than Rudyard Kipling. He and of universal experience. It cannot has been called a materialist, but he is be preached too often by men of Mr. really the poet laureate of modern energy, Kipling's position, nor can it be heard daring, and achievement. His words too frequently in our colleges. recently spoken before the students of McGill University in Montreal will be heard with greater attention because

In many respects the most students regard Mr. Kipling as one of

A City

noteworthy event of the

Dramatized themselves in their love of action. When

present opera season you go into the battle of life, he said to the the production at the Manhattan Operayoung men of McGill, you will be con- House in New York on Friday of last fronted by an organized conspiracy which week of Gustave Charpentier's musical rowill try to make you believe that the mance “ Louise.” The real subject of the world is governed by the idea of wealth opera is neither a man nor a woman, but for wealth's sake. Sooner or later, how- a city-- Paris. From the beginning to ever, you will see some man to whom the end it is the city that acts, that sings, this idea does not appeal, who is not that speaks, before the audience. Like interested in the methods of amassing some divinity, it has its slaves and its wealth. You will be inclined to laugh votaries. These it rules by compulsion at him at first and think that he is not and allurement. Within its power it “smart.” Watch him closely, and he holds their destinies; for their struggles will presently show you that money dom- in rebellion it brings tragic suffering ; inates everybody except the man who for acquiescence it brings buoyant does not want it. You may meet this man gayety. What fate is to the Greek on a farm, in a village, in the Legislature. drama, the Bohemia of Paris is to the Whenever or wherever you meet him, people who live on the stage in “Louise." and it comes to a direct issue with him, The story is a simple one. A Parisian his little finger will be thicker than your working-girl, Louise, captures the eye loins, and you will go in fear of him; he and then what might be called the heart will not go in fear of you. You will find of Julien, an artist; she in turn surrenthat you have no weapon in your armory ders to him. The girl's mother scolds, with which you can attack him. Study her father tries affectionately to disthat man, because it does not pay to be suade. Her resistance to the artist, obsessed with the desire of wealth for however, gradually weakens. The call wealth's sake. If more wealth is neces- of the city, made vocal by the cries sary to you, for purposes not your own, of the street venders, reinforces his use your left hand to acquire it, but keep suit. At last, as she is at work with your right for your proper work in life. her shopmates in a sewing establishIf you employ both arms in that game, ment, she hears his voice in serenade. you will be in danger of stooping ; in dan- She can no longer control her desire. ger also of losing your soul. The chief Amid the jeers of the girls she flies with cure for the depressions, despondencies, him. Together they live on the slopes of and doubts of youth, which have their Montmartre. The city, their divinity, lies root in the egotism of human nature, is before them. Night falls. Bohemians to lose yourself in some issue not your and grisettes gather in masquerade. own, in another man's trouble or another A mob of onlookers collect. With wild man's joy. Do not be “smart.” When- shouts and songs the roysterers bedeck ever you see any of your mates showing Louise as Queen of Bohemia. Suddenly signs of “smartness” in his work, his talk, Louise's mother, broken in spirit, appears. or his play, take him by the hand, or She tells of the father's illness and pleads both hands, or by the back of the neck, for her daughter's return. She promises if necessary, and lovingly, playfully, but her liberty. Louise goes with her. Then firmly, lead him to a knowledge of higher comes the tragedy. The father treats

her as a child. She has tasted freedom as New York is to absurdly acted musicand is unresponsive. Pathetically, näive- dramas, the people of the city should be ly, he sings to her the old-time lullaby. grateful to Mr. Hammerstein for such a Her only response is an ecstatic call for company of actors. The scenery was Julien and for the city. The father, angry, adequate. One scene in particular, that bids her go, and drives her before him. of the city from Montmartre, was a wonLouise, frightened, makes her escape. derfully artistic production. Miss Mary The father, come to his senses, repents; Garden, M. Dalmores, Mme. Bresslerhe calls for Louise. There is no answer. Gianoli, and M. Gilibert were ably supOvercome with sorrow, he breaks down. ported ; and M. Campanini, the musical Suddenly rage seizes him again; but director, secured an ensemble that dethis time it is against the alluring city served all the enthusiastic applause it He rushes toward the open window, received. The one word to describe and with shaking fist cries out with the opera as performed is “ adequate.” hatred, “Oh, Paris !”

On another page will be found a sketch of the composer, Gustave Charpentier,

by Mr. Alvan F. Sanborn. The opera has been called French Art

Socialistic. That is a tribute in Opera to Socialism, for it implies

It is the fashion in some parts

Music in that a picture of the life of wage-earners

of the country to sneer at

New York is sufficient argument for social revolu

music in New York City as a tion. The fact is, the opera preaches no matter of fashion and not of artistic sermon, inculcates no lesson. It is an appreciation or love. Boston crowds artistic picture of one great section of Symphony Hall, and everybody says, human life. It exhibits the French pas “What intelligent lovers of music the sion for delicacy in treatment, for clarity, Bostonians are !” New York crowds two for balance, for dramatic structure. Real- opera-houses, and is so eager to hear a ism there is, too; but not the sort of great number of concerts of the highest realism that is really a perverted love of class that it is often very difficult to the ugly. The scenes, the dress, the secure seats, and everybody outside says, language, the manners, are of the streets “How those New Yorkers go in droves !” of Paris to-day. There are the chatter- Well-known European conductors who ing shop-girls, the impudent gamins, the have been here during the past few years posing artists, the coachman, old clo' have taken a different point of view. man, tradesmen's clerks—all passing by They have declared, almost unanimously, as unaffectedly as ever did the denizens that New York has a great and cultiof Hester Street on the stage of Harri- vated musical public, and that in point gan and Hart. But, as the whistles of of appreciation it ranks with the first the tugboats and the ferries sometimes four or five musical cities in the world. blend in a strange and haunting har. These statements are amply borne out mony, so the cries of the venders become by the facts. New York has two large the voice of the street, the chattering opera-houses; it has eight symphony of the shop-girls the voice of nervous orchestras, well sustained, and rendering industry, and the song of the ragpicker music of the highest order at short interthe voice of the submerged. One who vals; it has several choral organizaenjoys looking at life from a French tions, which not only present the great point of view will not be offended by the classical oratorios, but the new works, one episode that smacks of the theatrical. long before they are presented elsewhere The music, like the other elements of in the country. There are, in addition, the drama, would not have been possible innumerable chamber concerts and reciwithout Wagner; but it has its own tals, and artists of the highest rank, like qualities, too. It never ceases to be an Kreisler and Paderewski, are received accompaniment of beautiful sound; and with an intelligent and persistent enthuit intensifies the dramatic movement. siasm year after year. There are also a The performance was remarkable. Used number of singing societies doing excel

lent work, and popular concerts are given inherit the spiritual indestructible glory of in many parts of the city. A writer in righteousness (which) is in heaven. » the New York Evening Post reports that it is now the practically unanimous judgthere are probably thirty thousand stu

ment of all Biblical scholars that the last dents of music in New York City; and a

twelve verses of the Gospel of Mark recent gift of $500,000 to the Institute (chap. xvi. 9–20) were not a part of of Musical Art, to be used in securing Mark's original Gospel, but are an addifor New York students the best teachers tion with a different origin, and at a of music in the world, is an evidence of very early date were ascribed to Aristhe substantial love of the art in the

tion. It is therefore quite certain that the metropolis. The same writer calls atten- paragraph quoted above is not a part of tion to the fact that Chinese tom-toms,

Mark's Gospel. Whether it was a part Armenian and Turkish players, Greek

of the so-called Aristion addition or was music, Italian music of the lyric quality, added by another hand to that addition, Irish, Hungarian, Polish, Russian, and or whether both forms of the addition Hebrew music may all be heard in New

come from an earlier common source, is York City.

not certain. The manuscript is of interest especially to those who are students

of the early texts of the Gospels. As to At a meeting of the Archæo

whether it contains any words of Jesus or An Early logical Institute of America,

even is developed from any of his actual Gospel Text

held December 30, Profes- sayings it is too early to venture an sor H. A, Sanders, of the University of

opinion. Michigan, reported on four manuscripts

of the Bible bought by Mr. Charles R. A Question of Consti

tutional Law

Freer, of Detroit, early in 1907, in Egypt. They all certainly antedate 639 A.D., and probably range in date from the third to the sixth century. Of these, the two In its issue of December 7 The Outlook most interesting are one which contains suggests a rule of constitutional construction the Psalms, and which is believed from

which, it seems to me, differs from that

which has been followed by the Supreme the present examination to be one of the

Court. In commenting upon the issues prebest manuscripts of the Psalms in exist- sented by Senator Foraker's announcement ence; the other contains the four Gospels of his candidacy, The Outlook says (page entire. The latter was probably written

753): in the fifth or sixth century, but there is

Is the Constitution to be treated like the charter of

a corporation which possesses no powers not conferred good reason for believing it to representa by the charter, or is it the expressed will of the Natext of the Gospels that existed as early tion, which, because it is a Nation, has all the powers

of National sovereignty not expressly denied to it by as the first part of the second century. the Constitution, and are the principles expressed in The most interesting feature in this

that document to be applied to the changed conditions

of the National life as the National welfare may manuscript is the following addition to

require? the close of the Gospel of Mark, which

If by the word “ Nation” is meant the is found inserted between the fourteenth people of the United States, then the Conand fifteenth verses:

stitution need not be examined to ascertain

the powers of the Nation, for the NationMark xvi. 14a -“ And they answered, say; that is, the people-is all-powerful. If by ing that this age of unrighteousness and the word “Nation” is meant the United unbelief is under the power of Satan, who States Government, then I submit The does not permit the things which are made Outlook is in error. impure by the (evil) spirits to comprehend The Constitution is “the expressed will of the truth of God (and) his power. 'For the Nation;" it is the measure of the powers this reason, reveal thy righteousness now, conferred by the people upon the Federal they said to Christ; and Christ said to Government; and in order to ascertain the them, “The limit of the years of the power powers of that Government the Constitution of Satan has been fulfilled, but other terrible must be examined and construed. things are at hand, and I was delivered The Constitution is a grant of power, and unto death on behalf of those who sinned the test of constitutionality has always been in order that they may return to the truth whether within the Constitution there could and sin no more, to the end that they may be found warrant for the act under consider

ation. The Constitution is examined, not I. The United States is a Nation. By to learn whether a power is denied, but to this word “ Nation” is meant neither the ascertain whether it has been granted. The Tenth Amendment to the Constitution

Federal Government on the one hand nor is as follows:

the people of the United States on the The powers not delegated to the United States by other. The Nation is more than seventy the Constitution, nor prohibited by it to the States,

millions of people living together within are reserved to the States respectively, or to the people.

the limits of one territory; the Nation Cooley, in his “Principles of Constitutional is this people acting organically. The Law” (ed. 1891), says (page 28) :

Constitution did not create this Nation; The government created by the Constitution is one the Nation created the Constitution. This of limited and enumerated powers, and the Constitution is the measure and the test of the powers con

Nation possesses all the powers of sovferred. Whatever is not conferred is withheld, and ereignty possessed by other nations exbelongs to the several States or to the people thereof.

cept as they are expressly denied to it And on page 29,

by the terms of the instrument; thus, it From what has just been said, it is manifest that there must be a difference in the presumption that

has no power to establish slavery in any attends an exercise of National and one of State pow territory under its jurisdiction, because ers. The difference is this. To ascertain whether

it has expressly denied to itself that any power assumed by the government of the United States is rightfully assumed, the Constitution is to be power. examined in order to see whether expressly or by fair II. This Nation differs from other implication the power has been granted, and if the

nations not because it possesses fewer grant does not appear, the assumption must be held unwarranted. To ascertain whether a State right. powers, but because they are differently fully exercises a power, we have only to see whether

distributed. In most nations the sovby the Constitution of the United States it is conceded to the Union, or by that Constitution or that of ereignty is lodged, undivided, in one the State prohibited to be exercised at all. The pre organization. In the United States it is sumption must be that the State rightfully does what it assumes to do, until it is made to appear how, by

divided : certain powers of sovereignty constitutional concessions, it has divested itself of

are lodged in the Federal Government, the power, or by its own Constitution has for the time rendered the exercise unwarrantable.

certain other powers in the States. The This is not a question of strict or liberal

Constitution determines, not what powers construction. It is a question of the funda the Nation possesses, but how these mental principles of constitutional construc

powers are distributed. lion. The method suggested by The Outlook

III. The limitations on the power of might apply to the Constitution of a State, but, without violating the rules which have

the Federal Government are solely for been laid down since the foundation of the the protection of the people of the United Government, it cannot apply to the construc States. In dealing with those who are tion of the Federal Constitution. An attempt so to do would be in violation of the Tenth

not citizens of the United States, its Amendment.

powers are not limited by the ConstituF. B. JOHNSTONE. tion. An alien in the United States Chicago, Illinois.

cannot claim the protection of the ConThe Supreme Court of the United stitution. The Federal Government can States is the authoritative and final inter arrest, try, and deport such an alien preter of the Constitution of the United

without giving him a jury trial. People States. That Constitution is not what living in a territory which belongs to the The Outlook thinks it is, not what our United States, but is not a part of the correspondent thinks it is, not even what United States, cannot claim the protecJudge Cooley thinks it is, but what the tion of the Constitution, and the power Supreme Court of the United States of the Federal Government over them is decides that it is. To determine what not limited by the Constitution. The is the Constitution under which we are Federal Government can arrest, try, and now living, we are to look, not merely at imprison such a person residing in the the original document, but at that docu- Philippines, though he be a citizen of the ment as interpreted by over a century of United States, without giving him a jury judicial decisions and National actions. trial. Neither an alien in the United We believe that a careful consideration States nor a citizen residing in territory of that century of historical and judicial not a part of the United States can claim interpretation establishes the following anything under the Constitution. fundamental principles.

IV. While the powers of the Federal

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