not authoritative decisions, and are adopted, if at all, because of their inherent reasonableness.

The effect of all this is not necessarily to weaken the church. The older organization, it is true, may be supplanted by a newer and more progressive one, but this should and does result in a deepening of spirituality and a clearer philosophic insight into the meaning of life. Freed from the entanglements arising from the pursuits of material power and wealth, it may devote itself to matters more definitely religious. It may liberalize its theology, spiritualize its teachings, humanize its ethical ideals, and seek to influence men, not as formerly, by emphasis on pains and penalties, but on the beauty of holiness and the ideals of human brotherhood. Experience seems to show that such a church exercises a deeper and truer sway over man's hearts and minds than an ecclesiastical organization wielding what may now be considered as secular functions.

CHAPTER VII

ECONOMIC REGULATION

It will, of course, be impossible in an elementary study to trace with any fullness the development of the power and activity of the state in the regulation and control of economic life. It will be sufficient, perhaps, to indicate in a general way what has been the attitude of the state toward the chief factors in economic progress.

TERRITORY

The Ownership of Land.1-The possession of abundant territory for its population is the foremost economic necessity for a state. From the land human beings derive their chief supply of food, or natural wealth which may be exchanged for foods, so that without land no permanent state can exist. From the earliest times, therefore, states have had to devote especial attention to the acquisition and defense of territory. Whatever claim a community might have to land depended at first entirely on possession and use. The strong hand, nerved by the necessity of securing a livelihood, was the only form of title deed recognized. What a community needed for hunting, grazing, or agricultural purposes it used, defending its right by main strength against intruders. If, at a later time, a vigorous community, necessitated For studies of the history of property see Section IV of the Bibliography.

by natural increase of population, found itself restricted in food supplies, it would either increase its boundaries by war on weaker neighbors, or would send out colonies of fighting men to win and hold newer lands, or would abandon its old location and seek a new one. In so doing it made no attempt to sell the old nor to buy the new. It seized whatever territory it needed, exterminating or driving before it the inhabitants of the land. The invasion of Canaan by the Israelites, the migration of the Helvetians as narrated by Cæsar, and the migration of the Asiatic Huns and Mongols illustrate such movements of population.

The Utilization of Land.-Occasionally communities sought to acquire ownership in much more territory than it was possible to utilize. This might be due to forethought in anticipation of future growth of population, or to land hunger-the desire to own land irrespective of its immediate or even prospective utilization.2 Manifestly such claims could be maintained only through force or in the absence of opposition. The same condition practically obtains at present. States define their boundary lines at times out of all proportion to the possible needs of their populations. But it is fairly well understood in world politics that a state asserting a claim to lands which it cannot possibly use, holds them only as long as it can defend them against other claimants eager to utilize the territory. States in their relations one with another tacitly assume that the capacity to utilize furnishes a fairly good title against ownership without use. As a corollary to this arises the theory that the nation that can best use, has a better right to land than a nation

'See, for example, Cæsar's account of the Suevi, De Bello Gallico, Book IV, Chapter III.

which misuses, or only partly utilizes, its territory. In all such controversies, however, the decision between the two rival claimants is generally settled by force of arms, not by discussions of ethical standards. Illustrations of such conflicts may be found in our own history in our dealings with the Indians, with Spain, and with Mexico. The System of Mandataries.-Under the system of mandataries included in the plan for the League of Nations a somewhat different policy is set forth.

3

'The word mandatary emphasizes the notion of trusteeship and is therefore better than mandatory.

ARTICLE 22.

To those colonies and territories which as a consequence of the late war have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilization and that securities for the performance of this trust should be embodied in this Covenant.

The best method of giving practical effect to this principle is that the tutelage of such peoples should be entrusted to advanced nations who by reason of their resources, their experience or their geographical position can best undertake this responsibility, and who are willing to accept it, and that this tutelage should be exercised by them as Mandatories on behalf of the League.

The character of the mandate must differ according to the stage of the development of the people, the geographical situation of the territory, its economic conditions, and other similar circum

stances.

Certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence as independent nations can be provisionally recognized subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone. The wishes of these communities must be a principal consideration in the selection of the Mandatory.

Other peoples, especially those of Central Africa, are at such a stage that the Mandatory must be responsible for the administration of the territory under conditions which will guarantee freedom of conscience and religion, subject only to the maintenance of public order and morals, the prohibition of abuses such as the slave trade, the arms traffic, and the liquor traffic, and the prevention of the establishment of fortifications or military and naval bases and of military training of the natives for other than

Recognizing that barbarian, semi-civilized, or backward races inhabit in many cases lands that properly should be brought into close contact with more highly civilized nations, it aims to substitute for the older methods of exploitation and conquest the vesting in some capable state of a trusteeship over the race in need of development, so that the stronger may help the weaker to make more rapid advancement under the guidance and protection of a benevolent trustee, reporting annually to the League respecting the needs and progress of the protected nation. The plan proposed may possibly prove Utopian in this era of racial antagonism, but one may readily grant that the mandatary provision of the League is ideally admirable and some day should be made real.

The Individual and the Land.-Under a theory of ownership based on communal use, evidently no individual in a community could claim any particular portion of land as his own. As a member of the community he shared with his fellows what all collectively had. In

police purposes and the defense of territory, and will also secure equal opportunities for the trade and commerce of other Members of the League.

There are territories, such as South-West Africa and certain of the South Pacific Islands, which, owing to the sparseness of their population, or their small size, or their remoteness from the centers of civilization, or their geographical contiguity to the territory of the Mandatory, and other circumstances, can be best administered under the laws of the Mandatory as integral portions of its territory, subject to the safeguards above mentioned in the interests of the indigenous population.

In every case of mandate, the Mandatory shall render to the Council an annual report in reference to the territory committed to its charge.

The degree of authority, control, or administration to be exercised by the Mandatory shall, if not previously agreed upon by the Members of the League, be explicitly defined in each case by the Council.

A permanent Commission shall be constituted to receive and examine the annual reports of the Mandatories and to advise the Council on all matters relating to the observance of the mandates.