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May I not take this occasion to express my respect for the far-sighted wisdom of the founder in arranging for a continuing system of awards? If there were but one such prize, or if this were to be the last, I could not, of course, accept it, for mankind has not yet been rid of the unspeakable horror of war.
I am convinced that our generation has, despite its wounds, made notable progress, but it is the better part of wisdom to consider our work as only begun. It will be a continuing labor. In the definite course of the years before us there will be abundant opportunity for others to distinguish themselves in the crusade against the hate and fear of
There is, indeed, a peculiar fitness in the grouping of the Nobel rewards. The cause of peace, and the cause of truth are of one family. Even as those who love science and devote their lives to physics or chemistry, even as those who create new and higher ideals for mankind in literature, even so with those who love peace, there is no limit set. Whatever has been accomplished in the past is petty compared to the glory of the promise of the future. 1
Mr. Bourgeois received the announcement while in attendance upon the League of Nations, and was informed by the President of the Assembly of the honor conferred upon him. In reply, he said:
Mr. President and my dear colleagues, the emotion which I feel prevents me from replying at length to the touching words of the President. I feel profoundly the unanimity with which the Assembly has associated itself with the President's words, and I will only make a very short reply. But it is a reply which comes from the bottom of my heart. If I have been greatly honored in being awarded this prize, I wish to attribute all the honor to my country for the very high distinction. In choosing me the Nobel Committee chose a Frenchman because it wished to point out and distinguish particularly the part played by France in putting forward the ideas which are common to all of us France, the soldier of Right, whose sacrifices have surpassed all other nations. If France has thus acted in defending its liberty during the War, it will do the same in peace on behalf of justice which is the foundation of all peace. I am glad that the news arrived at a time when we were met together here at Geneva, for thus it forms a further encouragement to us to continue in our labors and to lay the indestructible foundation on which the peace and the freedom of humanity depend.2
Whether we be advocates or opponents of the League of Nations, it must be admitted that President Wilson brought it into being, and whether we approve or disapprove the part which Mr. Bourgeois took in framing the Covenant and in directing the League of Nations, we must acknowledge that for many years, in season and out of season, he stood for the Hague Conferences and the juridical organization of the society of nations. The good in the work of each will survive. The ultimate form which a league, or an association, or a society of nations shall assume, the future alone can decide.
JAMES BROWN SCOTT 1 New York Times, Dec. 11, 1920, p. 11.
2 Provisional Verbatim Record, 19th Plenary Meeting, First Assembly of the League of Nations, Geneva, Dec. 11, 1920, pp. 2-3.
FEDERAL LEGISLATION UPON CIVIL AERONAUTICS Within the past year a large number of bills have been introduced in Congress to regulate the operation of civil aircraft in interstate and foreign commerce. The most recent of these is the bill (Senate 2448) of Senator Wadsworth, chairman of the Military Affairs Committee, which provides for the establishment of a Bureau of Aeronautics in the Department of Commerce, administered by a Commissioner of Civil Aeronautics. The Commissioner is given the power, with the approval of the Secretary of Commerce, to issue regulations having the force of law, to license pilots and register and license civil aircraft and airdromes; to establish the conditions under which civil aircraft may be used for transporting persons or property; to prohibit navigation over military, naval and postal areas; and to establish the rules of traffic applicable to air routes and stations. In addition to the exercise of these delegated legislative functions, the bill proposes that the Commissioner shall foster civil aeronautics by the establishment of air stations, meteorological services and signaling systems, as well as by research and the collection and publication of information upon a broad scale. The Commissioner is also charged with the duty of carrying into effect international aeronautical agreements and treaties.
The proposed legislation has evidently taken account of the difficulties in the way of complete national control of aerial navigation. It derives its authority under the interstate commerce clause of the Constitution and not under the treaty-making power or the admiralty clause; but the scope of national control is enlarged by extending its application to the airspace above navigable streams, rivers and waters of the United States, post roads and post routes, the District of Columbia, the Territories, dependencies and other areas over which the Federal Government has jurisdiction.
The necessity for national regulation has already been referred to in this JOURNAL. The special committee of the American Bar Association at its meeting at Cincinnati in September, recognized the imperative need of such legislation, and stated “that the law respecting aeronautics is the one fundamental vital problem of the actual commercial development of the art at the present time” (p. 27). While the committee has performed a valuable public service in emphasizing the importance of observing the constitutional requirements in adopting any new legislation upon aeronautics, it would appear to be most unfortunate if all national legislation upon the subject were to be deferred until an amendment to the Constitution be adopted granting complete jurisdiction to the Federal Government over aerial navigation. The committee seems to have favored this delay, and, indeed, it was upon this point that the report, although finally adopted, met with strong opposition when presented at Cincinnati. We believe, in
this particular, the committee has attempted a counsel of perfection, which, if followed, might meanwhile endanger the position of the United States in aeronautics. Le mieux est l'ennemi du bien.
The present bill should be the subject of careful consideration in respect of the grant of powers to the Federal courts. Upon constitutional grounds, it appears to be couched in terms much too general. Again, the exemption granted to owners and operators from liability for damages beyond the value of the aircraft, by a limited liability clause analogous to that now applicable to sea vessels, will doubtless also meet with opposition. The policy of the bill in this respect differs from similar legislation in Great Britain under which the owner or charterer is held liable for actual damage caused by his aircraft, without requiring an innocent plaintiff to prove negligence. Of course, the stringent liability of the British Act does not apply to the claims of passengers or shippers.
Space does not permit of a more elaborate discussion of the bill. It will probably emerge only after careful consideration of the constitutional questions. The extent to which intrastate navigation must conform to Federal requirements so as not to interfere with, or create an undue burden upon interstate or foreign aerial commerce, may safely be left to the courts. The scheme of national regulation, whatever it ultimately proves to be, will undoubtedly form the basis of our treaty relations, and an early solution of the problems in some acceptable fashion, even though short of ultima desiderata, will be heartily welcomed.
ARTHUR K. Kuhn.
THE INSTITUTE OF POLITICS
The first session of the Institute of Politics at Williamstown, Mass., notice of which was given in an earlier number of this JOURNAL, too place from July 28 to August 27, last. The plan of the Institute was the idea of President Garfield of Williams College. Having no inclination to establish a summer school or summer session at the college along the lines which have become familiar in this country, he felt that there was a great opportunity to make use of the facilities of the college for a summer gathering to be devoted to the consideration of subjects of special interest. Prior to the war, he had outlined a plan for an institute of politics to be held during the college vacations. This the trustees of Williams College approved, offering the use of the college buildings for the purpose. With the entrance of the United States into the World War, it was impossible to carry the plan into execution. After the war was over, Dr. Garfield felt that the time was ripe for the realization of his idea. It needed, however, financial support for its accomplishment. This was secured through the generosity of Mr. Bernard M. Baruch of New York, who offered to provide for the maintenance of the
1 January, 1921, p. 78.
Institute along the lines devised by Dr. Garfield for a period of three years. Mr. Baruch's gift was made upon the understanding that it should remain anonymous. It was not until toward the close of the Institute that, after repeated requests, the generous donor consented to permit his identity to be disclosed.
With this financial assurance, Dr. Garfield selected a Board of Advisors to assist him in the organization and in the preparation of specific plans for the sessions of the Institute. The Board of Advisors so selected consisted of the Hon. William Howard Taft as Honorary Chairman, Presidents E. A. Alderman of the University of Virginia, E. A. Birge of the University of Wisconsin, H. P. Judson of the University of Chicago, Professors A. C. Coolidge of Harvard University, P. M. Brown of Princeton University, J. B. Moore of Columbia University, J. S. Reeves of the University of Michigan and W. W. Willoughby of the Johns Hopkins University, and Dr. James Brown Scott of the Carnegie Endowment for International Peace.
The opening exercises held in Grace Hall, the beautiful auditorium of Williams College, included an address of welcome by President Garfield and addresses by Chief Justice Taft, President Lowell of Harvard University, and Mayor Peters of Boston.
The character of the exercises and the enthusiasm which they evoked were an excellent augury of the success of the first session. More than 150 men and women were enrolled as members of the Institute, about twothirds of whom were members of college and university faculties. The representation was national in scope, institutions from Maine to Alabama and to the Pacific Coast being represented. Provision had been made for the housing of all the members in the comfortable dormitories of the College, and all met together for meals in the College Commons. This last proved to be one of the pleasantest features of the Institute. The charming surroundings of the College town and the Berkshire Hills, with the glorious weather throughout the session left nothing to be desired as to arrangements or conditions.
Invitations to become members of the Institute had been sent to men and women especially interested in the field of modern European history, international law and diplomacy, and economics. Naturally the majority of those responding affirmatively were associated with the various colleges and universities of the United States. Invitations, however, had not been limited to those in academic life, but were also extended to and accepted by a number of persons engaged in journalism, banking and other fields.
It had been decided to have the first session devote itself to international questions, considered especially with reference to the World War and the treaties of peace. The work of the Institute was to be of two kinds : lecture courses by distinguished lecturers from abroad, and round table conferences, conducted according to seminar methods, upon specific topics in the field of international relations.
The subjects of the various lecture courses and the lecturers were as follows:
I. “International Relations of the Old World States in their Historical,
Political, Commercial, Legal, and Ethical Aspects, including a Dis-
The Right Honorable Viscount James Bryce.
Right Honorable Baron Sergius A. Korff, former Vice-Governor
of Finland. III. “Near Eastern Affairs and Conditions." The Honorable Stephen
Panaretoff, Minister from Bulgaria to the United States. IV. “The Place of Hungary in European History." The Right Hon
orable Count Paul Teleki, former Premier of Hungary. V. “Modern Italy: Its Intellectual, Cultural and Financial Aspects.”
The Honorable Tomasso Tittoni, President of the Italian Senate
and former Ambassador from Italy to Great Britain and France. VI. “The Economic Factor in International Relations.” M. Achille
Viallate, Professor in the Ecole Libre des Sciences Politiques. The very distinguished publicist, Dr. Luis M. Drago, of Argentina, had also accepted an invitation to deliver a course of lectures upon Latin-American problems. It was a matter of very keen regret that Señor Drago died shortly before the date set for his leaving for this country. For this reason, unfortunately, Latin-America was not represented among the lecturers.
Each course consisted of seven lectures. Arrangements have been made for the immediate publication of all of them in book form, each course to be comprised in a volume. The Round-Table Conferences and their leaders were as follows: I. “The Balkan Question.” Professors A. C. Coolidge and R. H.
Lord of Harvard.
Secretary of State.
sor J. W. Garner, University of Illinois.
vard and Major Lawrence Martin of the Department of State. V. “Fundamental Concepts in International Law in Relation to Poli
tical Theory and Legal Philosophy.” Professor J. S. Reeves,
University of Michigan.
rector General of the Pan-American Union.
Harvard. VIII. “Unsettled Questions in International Law.” Professor G. G.
Wilson of Harvard.