Omaha Daily Bee Newspaper, February 7, 1910, Page 1

— THE OMAHA BEE a clean, reliable newspaper that is admitted to each and every home. WEATHER FORECAST. For Nebraska For lowa—Fair. For weather repert see page 2 Generally fair. VOL. XXXIX—NO. OMAHA, M( N AY MOR ND G, FEBRUARY [£) 1910. SINGLE COPY TWC ) CENT RADICAL CHANGE ¢ INLIABILITY LAW| ! Congressman Sabath’s Bill Affecting Common Carriers Attracts Atten- tion of Railroad Men. WOULD OVERTURN EXISTING ACT New Theory Involved Making Fixed Charge on Companies. NO CONTRIBUTARY NEGLIGENCE Measure Specifies Deaths in Servioe Shall Be Paid For. & \ COMPENSATION AS AN ANNUITY, Chatrmam Moon of Subcommittee & it in Charge Fixes Date February for Full Hearing. ) \VASHINGTON, Féb. 6~One of the most radical pleces of proposed legislation be- | fore the present congress and one which | heretofore has not occupled any great amount of attention, is now being given serious consideration by the judiciary com- mittee of the house and a hearing on It has been ordered for Febriary 17, to which & number of prominent rallroad men of the country have been invited. It 18 the bill introduced by Representa- tive Sabath (democrat) of Illinois, which would require all persons ‘‘carrying on oc- cupations and trades subj to the reg- ulative power of congress,” including rail- roads, express compunies, aid car | companies, to pay compensation on a fixed basis to.injured employes. The legislation It enacted would overturn the present em- ployers’ liability law, and In fact, revo- lutionize the existing system of indemnity for personal injuries. The bill defines the amount of compensa- tion to be paid by employers to employes, In cases of injury or death, basing it upon the amount of previous earning of the victim, and provides that it shall be paid in the form of an annuity. The bill Is based upon the existing laws of England and Germany. Such legi: tion was favored in one of the messages ot Former President Roosevelt and Presi- lent Taft also is said to have commented tavorably upon it. Analysis by Mr. Moo Representative Moon of Pennsylvania, chairman of the subcommittee of the judielary committee analyzes the bill in a letter which he has sent to officials of the leading raliroads. Mr. Moon says in part: “You will observe this bill both by Its title and its scope, alms at the entire over- throw of the existing principle of law respecting the llability of common carriers, acts of negligence resulting in Injury or death. itirely all common law or based upon ‘the prin-’ ciples of contributory or comparative negligence; the existing doctrine of negligence of co-employes, and for risk of employment and subjects the common car- rier to a fixed and definite llability for injury or death to employes without regard to' the negligence of the defendant. “It substitutes statutory compensation for | common law lability and makes this com- pensation & distinct element of operating expenses. Change Most Radical. “This bill is being vigorously pushed by its promoters, the hearing has already been had by the sub-committee. This hearing was confined entirely to the principle in- volved, no to the detalls of the bill. The hearing developed the fact that the change proposed by the bill was so radical and it enacted into law would impose an obligation upon the common carrier of the country engaged In interstate commercé, so different from that already existing that the commit- tes would not be justified in passing upon it without affording an opportunity to them to be heard. “In pursuance of this action, we have postponed the hearing untll Thursday, February 17, at 1080 a. m., at which time and place we shall be glad to hear the views of your company upon the sub- Ject.” Mr. Moon said that his committee had been “seriously impressed Ly this pro- posed legislation and we are glving it the most caretul consideration.” [ Mr. Sabath, the author of the bill, has seen working on the idea for a number of years, and has carried on a general propa- ganda ln its favor. He announced at a recent hearing on his bill that when it was enacted into law, he was ready to drop from public life, satistied with his achievements, The blll s applicable to raliroad and steamship company's engaged in inter- state or forelgn commerce, and to any company engaged In any capacity in hand- the matls of the United States. Even the United States government would be bound under its terms to pay compensation to its employes in the postal service injured or killed in the performance of their dutles. SPECULATIVE BUYERS HAMPER AMERICAN TRADE Fruit Growers Feel Effect of Manip- fon of Narket, According Report. WASHINGTON, Feb. 6.—American fruit trado with Germany has been hampered in recent years by the operations of specula- tive buyers In the United States, acgording to & report to the Bureau of Manufacturers trom Consul Genaral Skinner at Hamburg. The trouble could be overcome, In the opinfoh of the consul general, if the fruit produgers would combine and get up stan- dard grades and lssue officlal certificates to every company so that the ipmorters at Hamburg gould be certain of getting the | goods they pay for. | Germany Imports $21,000,00 worth of fruit | anpually by means of the facilities at Hamburg re-exports a considerable quan- tity to other countries. Taking apples as an (llustration, the lmportations into Ham- burg by American growers have steadily | declined fram 14900 tons in 1906, to 4,32 | tons in 1803, while the total importations from all countries has greatly Increased One reason for the decrease it is sald, is the fuet that the grades of American fruit are not always what they are reported to be. A matter of geénaal complaint, alse, it tated, is that speculative firms who L.lhe Jury, |Jurors Unable to Make Decision in Woman’s Case Stand Eight for Acquittal and Four for Conviction of Mrs. Stewart-Ford. CINCINNATI, Fab. 6.—~After twenty-four hours' deliberation the jury in the case of Mrs. Jeanetts Stewart-Ford, charged with Elackmalling Charles L. Warriner; default- Ing local treasurer of the Big Four rafl- road, was unable to reach an agreement and was discharged. Judge Swing stated, after he dismissed that he had been informed that \he last ballot elght jurors had stood “lcquittal and four for conviction. unexpected end to the sensational % % . = yas explained by two of the jurymen ) to the fact that the majority of “Slleagues refused to give any credit t timony of Warriner. They as- at & man who had confessed to 08 for twenty-five vears, would \te to perjure himself against & . tho he believed, had been the “% s exposure, y Hunt announced tonight that he & to bring the woman to trial again within the next three months. At the same time he Intimated that he might abandon the case. He asserted the result of the trial was due to a “species of dis- eased mentality which seemed to affect American jurors and prevent them from convicting a woman on any charge." He declared the same process of reasoning evident in the sympathy displayed for Evelyn Nesbitt Shaw and Nan Patterson, to both of whom he compared Mrs. Fard. Pending her trial Mrs. Ford was re- leased”on & $2,600 bond, furnished by a holding company. This bond will have to be renewed tomorrow, but no difficulty is ex- pected In this respect. Alaska Adopts Shotgun Policy Crew of Army Cableship Preventea from Burying Victim qf Small- pox on Land. \ WASHINGTON, Feb. 6.—Alkska seems to have adopted the shotgun policy heretofore confined to southern latitudes. The army cableship, Burnside, which Is laying a cable in Alaskan waters, recently touched at Sitka for the purpose of burying the body of & member of the crew who disd of smallpox. The captain went ashore to make the necessary arrangements. When the citizens learned of his errand, they notitied him that the body could mot be landed. When he insisted they told him plainly that the first man to come down the gangplank with the corpse would be shot. ‘Irt ordef to avoid trouble the Burn- wide returned to sen. It is assumed the corpse was, buried at dea. Babies’ Advent ¢« Clegs Estate ' Settlement of Hargadine Property Interests Blocked Because of Birth Rate Among Heirs, ST. LOUIS, Feb. 6.—Babies are arriving 50 fast in the homes of helrs of the late Willlam A. Hargadine, one of the milllon- aire founders of the Hargadine-McKittrick Dry Goods company, that lawyers and the courts are wonderipg whether the estate ever will be settled. Several hundred thousand dollars worth of real estate Is being held in trust to be turned Into cash for the beneficiaries. But bables have persistently interposed legal obstacles. These cherubs have not only defied the courts and lawyers by their advent, but they have thwarted the plans of their trus- tees, who have been striving for- three years to get a court setting. Bach time a petition has been filed, however, the an- nouncement of ‘4 birth in the family has called all legal process to & hait, for under the law no estate can be_settled without entering the appearance of every heir. BURNING VESSEL AT SEA ‘Washington that Was Sighted tm Report Received at Abandoned Ship by Mereh WASHINGTON, Feb, 8.—A vessel on fire and abandoned at sea was reported today by wireless telegram to the naval hydro- graphic office. It appears probable the burned schooner was the “George F. Phil- lips” of Stoford, Del, which salled from Baltimore on Jonuary 23 for Wilmington, N. C., in command of Captain Gaskins. She carried a crew of four. The vessel was buflt at Betlila, Del. in 101, was of 270 gross tonnage, 130.2 feet long and 28.3 feet beam. So far as reported the crew has not been picked up or landed at any port. JAPAN FIRMLY | OPPOSES PLAN Considers Neutralization of Manchu- | rian Roads as Blow at Harvest { of Russian War, ISTATESMEN AND PEOPLE OBJECT | Think it Would Be Giving Up What | Nation Fought For. | DENIES DISCRIMINATION EXISTS Trade in Northern Province Suffers fronf Unavoidable Causes. e | PURPOSE TO KEEP ADVANTAGE Oriental Nation Will Not Yield Particle Until Rights in Terri- tory Expire by Lapse of Time, TOKIO, Feb. 6.—The proposition of the | United States for the neutralization of the | rallroads in Manchurla came as u surprise | and the publication of the detalls of the note, which was handed to the Japanese government on December 10 by the Ameri- can ambadsador, aroused an immediate choas of disapproval. Putting aside all question of the business or politféeal advis- atility of the proposition, sentiment entered mostlargely into the attitude of the people lot Japan. The foreign offies, while ad- | mitting that sueh a note had been received, | | would give no intimation as to how it had been or would be treated. Count T. Hayashi, the last minister of foreign affairs and for a year ambassador to Great Britain; Count Okuma, formerly ~ne of the most active of statesmen, and | evéryone whose name carried any weight whatsoever, were quoted in the newspapers in strenuous objection to giving up what is claimed to be the harvest of the war with Russia. “Tens of thousands of our soldiers died in Manchuria in the war with Russia," they sald. *“We got little out of the war except what was political. The material ¢lde is represented by the South Manchur- lan raflway and the Antung-Mukden. The leased territory and Port Arthur were only recovered. “These we won ten years before, and lost again by the intrigue of certain powers when we were a weaker nation. Now the Urited States, hitherto always our friend, comes Into combination with other powers and proposes that we should give up the South Manchurian raflway, a paying road, and the Antung-Mukden, the continuation of our rallroads in Korea, to the -control of foreigners and strangers. Y “The reasons asslgned for this are that the Prinetple Jf the ‘open door and ‘eqhial opportunity’ for all nations doing business in China must be preserved. But Japan has entered Into solemn agreement with the powers of America and Europe to pre- serve the integrity of Ckina and to main- toin the principle of the open door and equal opportunity in concert with China and with all other nations, and to thie Jupan has adhered religiously. “In two ways, therefore, the United States attacks the honor and the sentiment of the people of Japan. Is it any wonder that we refuse to permit our government even to suggest that the proposal has been received by Japan with equanimity?” This statement practically —voices the entire expression heard from the public during the first forty-eight hours after the first news of receipt of Secretary Knox's note. But the further sentiment was expressed | thus: “The riots that followed the making of the treaty of Portsmouth would not be a circumstance to the trouble that would follow the relinquishment by Japan of its | rights in Manchuria, even though it re- ceived twice tfe intrinsic value. Denial of Discrimination. So far as can be learned by responsible investigators there s little or no founda- tion for the charges of discrimination brought against Japan in connection with tfade in Manchuria. The leading business forms of England and America are, In common with the Japanese, suffering from a depreciation In the trade in this territory, but that depreclation is due to conditions over which neither the Japanese nor any | other country for the present has any con- | trol. One thing may be set down as absolutely certain and that is that Japan is not going to give up its right in the outh Manchurian rallway until those rights shall be terminated by the lapse of the ‘cerm for which Japan has control. Japan was given control of the outh Manchurian raflway for a period of thirty-six years from the sign- ing of the Portsmouth treaty. The Antung Mukden raliway will remain In possession | of Japan for fifteen years. { Wireless Operator Tells Story of Call for Help SAVANNAH, Ga, Féb. 6-~W. G. Me- Ginniss, the wireless operator of the steamer Kentucky today told the story of the wrecking of his vessel and the rescue of the captain and crew by the Mallory Liner Alamo, sending the story to the station of the United Wireless company at Savannah, MeGinniss said: “At midnight, February 3, a leak was re- ported and by 2 a. m., February 4, every- body was on deck as the water was slowly overcoming the pumps. At 2:30 a. m., the captain called me and stated the condi- tion of the ship, and telling me that he aid not think there was any danger, but for me to see If 1 could get any one in | cave we needed help. 1 started calling and shortly afterward| Chief Engineer Grand told me the water | was slowly creeping up on the dynamo, which much lgnger. ) 1 pleked up the Alamo, which answered by 'S. 0. 8’ The Alamo was about ninety miles way. as Captain Moore could reckon It. The Alamo started toward us Meanwhile Cap- tain Moore kept watching for the sun in order to get @ time sight in order to give would' not glve current ' ‘k arders do not fil them if the market going up and as & result the lmporters sustain heavy losses. | Robert Lacy came up about 8% and sald them our correct position. The electricla 1 gave my position as nearly | the water was up to the wheels of the | dynamo, which would not hold #s power much longer. After some time we decided the only way to do was to put all hands at work to keep the dynamo running re- gardless of anything else, as the ship was settling fast, “Mr. Lacy wrapped the whole thing, dynamo and turbine engine in canvas, which gave it eight inches before it burned the armature out.” We kept in constant communication with the Alamo ‘and made about two miles toward It. | “Everyone on .board was in a very| | serious mood. We gave up hopes of reach- | ing Charleston and waited for the Alamo. About 11:30 a. m., just before the captain got his noon position, the electrician re- ported the water was up to the last inch and the dynamo might stop any minute. Our principal object was to keep the dynamo | rucning until we could get our noon posi- | tion to the other ship. After a hard fight | we managed to keep thé dynamo running right up to the moment we sighted the Alamo. “At1:30 p. m., all the boats were lowered and by 3 p. m., the Alamo was alongside."” Today the revenue cutter Yamacra: Pported that after crulsing around last night and today it was unable to fiud any trace | of the Kentucky and the vessel must have | sure From the Washington Star. ALLEN AFTER SENATORSHIP?|Re Friends of Populist Statesman Think He Will Jump in Fight. W. B. PRICE ALSO CONSIDERING Former Deputy Auditor, Who Has Been Getting Harpoon Ever Since, Now Loéking for Something Tangible. (From a Staff Correspondenit.) LINCOLN, Feb, 6a—(Spectald—While W. H. Thompson of Grand Island has a call on the democratic. nomination for United States senator at this time, because he has ‘the support.of T. representing the Bryans, the fight ; © W. V. Alen of lson 18 sald to be ready to get into the game. If he does announce his eandidacy, his friends say he will make a vigorous campaign, and will be strong enough to give the Little Glant, Mr. Hitchcock, Mr. Metcalfe and other pros- pective eandidates a hard run ‘for their money. Down around the §ommoner Mr. Allen is not In good standing for he helped to place the democratic bank guatiity law in cold storage, so, notwithstanding he re- celved the endorsement of Mr. Bryan on one occasion, It is a safe guess that he will never get that same endorsement In this campalgn. Persons who profess to known are authority for the statement that Mr. Allen Intends to get' into the. senatorial fight. W. B. Price has beenjafter the governor on several occasiagis this week to get him to.say whether he' intends to run for the senate or for his. present place, but the governor has as yet given no definite an- swer. For the “present” he is running for governor, but the present passes mighty quickly Price belleves and therefore the governor is liable to be running for the senate soon. Price Got Double Cross. If the governor will say right out that he is going to run for re-election, then Price Intends to make the race for the senate. He cannot stand for Thompson, and neither does he beileve Mr. Hitcheock will get into the race. He believes also that Mr. Met- calfe will pot be permitted to enter, so he wants to make a try for the toga. Mr. Price was euchered out of a seat in con- gross by his “friends” a year ago and forced to make the race for auditor, which he cared little for and did not get. So he belleves the time is ripe to reward nim for his sacrifice. Mr. Price is bullding o nice néw home and it will have a large porch for the reception of visiting delega~ tions looking for garden sood or jobs. Rebel at Dictation. There is something doing among the coun- try democrats of Lancaster county, but as yet they have been so secretive about it, and only the fact has leaked out that they had a meeting last night in Lincoin. It is sald the meeting was well attended, which is significant In view of the fact that a meeting of the. county and city committees .drew out only about a dozen persons. This meeting was for the purpose of arranging for the coming dollar ban- quet, while the other meeting s said to have had for its object the start of an “(Continued on Second Page.) With the Automo- bile Show nearly here, interest in automobiles is at its height. Besides pushing their 1910 mod- els, dealers are making some at- tractive offerings in used machines to move them quickly, A few firms also offer unlimited facilities for the overhauling and repairing your auto. On the first want ad page today, under the classification “AUTOMOBILES" is also a large list of bargains offered by Omaha and Council Bluffs dealer Heave you read the want ads to- day? ‘rietns settled. | Tés BETTER = LREAD port Man Cannot Swim Atlantic Fleet Engaged in Practice Maneuvers in Guantanamo Bay, Shows y Sailors Where Instriction is Given. WASHINGTON, Feb. 6.—Attention is di- rected In an officlal report by I miral Schroeder, week, made by Admiral Beh 0" the the men who are not at home in the water. During the week a regiment consisting o fthe landing forces of the Georgia, New Jersey, Nebraska and Rhode Island was encamped on Door point. practice’and various drills were held. High scores were made in the small arms prac- tice and battalions were exerclsed in wall scaling. On Wednesday afternoon the First, Sec- ond, Fourth and marine regiments were given a practico march across country with. the idea of concentrating and repell- a designated afternoon the fleet went to sea, where battle evolutions were continued untfl Friday, when anchor again ing a supposed point, On Thursday attack at was dropped In Guantanamo bay. On Saturday the crew ball and other athletic sports. spirit of the men Is excellent, — Runaway Team Blocks Train. PIERRE, 8. D, regardless of the to the west tressel, wedging et finally pulled the track clear. loose, . Feb. 6. weather. through then. selves a betveen and the to keep thelr time record good. Cooks bl PIERRE, 8. D., Feb. 6.—(Spectal.)—! Hliaabeth MoGnnon, 666 ot ing o3 o tlers of western Sully county, gave a dinner to her relatives and a few friends at her home at Okobojo on her ninety-first birth- . To make day anniversary Dinner at 91. for the guests herself. r Ad- in command of the At- lantic fleet now engaged in practice ma- neuvers in Guantanamo boy, Cuba, to the remarkable fact that more than 2,600 men in the fleet cannot swim. In a brief report of “the fleet's operations during the last Rifle and pistol induiged in base Admira) Schroeder reports that the practice worl is progressing satisfactorily and that the (Spectal)—While tralus over the northwest have been gen- erally late for several months, the crews on ‘the Plerre & Rapid City line have been keeping up a record of getting in on time, They have heen proud of their record, but were compelled to loose aut for once on the train due in here this moming, And all on' account of the runaway team of a farmer. started at Wall and ran down the track and went The team long T the tes so tightly that it was necessary to Tcuse up A section crew at Wall to help Beth horses were long - wait which delayed the train ended, but not until it had spolled the train crew's opportunity B n the occasion one of “her own" she prepared the dinner |BUSINESS EN AND MARKET Violent Contractions in Stocks Due to Overspeculation. \ LESS DEMAND NOW FOR IRON This Tends to Substantiate View that Enterprises May Have to Move Slowly for Time for Safety. NEW YORK, Feb. 6.—~The violent con- traction In market stocks last week and the heavy liquidation which caused It proved diffieult to explain. The crash gave rise to anxiety over the general situation and to fears that lo facts existed, Ao they v: not disclosed. The ex- cess of the preceding speculation, which had pusheéd prices to unwarranted heights during the year 199, was assumed and the measure of that excess was held respon- sible for the violence of last week's re- action. ‘The letting out of the speculative Infla- t1on not only has brought a modified view of the actual conditions which prompted it, but also a realization of the lull in the progress of such prosperous increase as had set in. With the recognition of the check to progress in business and Industry comes tho question how far the reaction may run. The unsettled speculative senti- ment reflected in, the stock market followi from this uncertainty over business and industry, Confidence Is impaired in the substantlal nature of the improvement which has cocurred and in its permanent haracter, Business Slows Down. A potent factor in this view Is the dying Qown of demand for iron, especlally for the longer dellveries and the resultant de- cline in the perlod. The report of cancel- lation of orders for equipment by some of the fallroad companies make an impression of distrust over malntenance of traffic. The raising of capital for extension of enterprise also presents difficulties. It was in this connection that the fallure of the bond firm of Fisk & Robinson made a profound impression on sentiment. The evidence of apathetic demand for bond: furnished by the unsaleabllity of this firm's holdings {llustrate ‘'one of the most serlous flaws In the existing financlal situation. The relation of corporations to the law is a continulng tople. Stock hoped that the adjournment of the supreme court for a threo weeks' recess with a de- cision In the American Tobacco case would quiet the influence of this factor. It was revived by the sensational expressions in a public address by a former assistant a torney general. The Influence of these ex- pressions was due to the supposition that they répresented the formulated views of important capital Interests. \ A less abstruse but effective influence on stocks is the pushing of the movement by the banks to clear out of their collateral for loans such stocks as are under sus- picion of manipulation by pools. Ten Thousand bollar Biil is Lost by Messenger Boy NEW YORK, Feb. 6.—As monotonously Tonight he s locked up in police head- as it sets down quotations of stocks, hundreds of business offices yesterday and set a small army of messenger boys on a quest: Notity fruitless quest “Lost, & ten thousand dollar bill, fractional variations the with this iaconle Hornblower & Weeks,” Investigation shows tonight that the bill morning but was | Hornblower but hope | went astray on not reported lost until today. & Weeks to recover have tion. On Friday morning Benson Lang, 11 years who has been employed by Horn- old, blower & Weeks 'for four months as a messcnger boy, was given the bill to take The bill was pinned to a deposit slip and both and slip were enclosed in the firm's to the National bill bank book. Young Lang never reached the bank and Lo the office until this morning when he reported the loss to his accompanied by his mother. dld not return employers, it owlng to passing a bill of such a large denomina- Friday not its number the difficulty bank for deposit. tleker startied In | quarters, charged with being a susplcious person. /] This is the story he told the police: “I never had seen ®o much money In one bill before and I could not help show: ing it, first to the elevator man, then to another bank runner and thirdly Greek bootblack, who has a stand in front of the bullding. I let him handle it and hold it up to the light. He aid not be- lleve It could be real. He gave it back to me, I put it into the pass book, put the pass book In my overcoat pocket and hurried to the bank. When I took the pass book out the bill was gone.” Larig says he was 50 dazed by his loss of untll nightfall when he confessed his plight to his mother and went to bed. The boy has been an. outdoor patlent at the Paychopathlc ward of the Bellevue hos- pital, as was shown by two cards In his pocket, both of which, however, gave fic- titious addresses. When asked why he had not given the hospital his true address he could only say: “I did not want to.” operators | to al that he wandered about the streets all day | PEACE THE GOAL OF NEW SOCIETY Judicial Settlement of Disputes Among Nations Object of Body in Baltimore. PRESIDENT TAFT SANCTIONS IT Great Aid Toward Proposed Court of Arbitral Justize. \ SECRETARY KNOX FINDS IT GOOD Will Further Existing Aims of the Department of State, SENATOR ROOT WRITES LETTER Comments on the Fallure of Buropean Mind to Comprehend Meaning of Unblased Judieial Aetion. BALTIMORE, Md., Feb. 6-—There w organized tonight at the residence of Theo- dore Marburg, the American Soolety for the Judicial Settlement of International disputes, which will devote itselt princl- pally to lssuing articles by leading men of all countries on subjeets indicated by the title of the organization and to organizing meetings ,of national scope In various parts of this country from time to time with a view to educating the people as to the desirability of promoting the peace of the world by settling points of International controversy in the same general way In which differences between Individuals are now settled. During the meeting the fol- lowing letters were read: “WHITE HOUSE, WASHINGTON, Jan. 31, 1910.—My Dear Mr. Marburg: I have learned with Interest of the plans to found an American soclety for the judiclal settle- ment of intcrnational. disputes. “The leaflets, which you propose to pub- lish, together with the meetings of national scope, which you are planning to hold from time to time, may have a very great influence on the development of public opinion on this important-subect. If the proposed court of arbitral justice at The Hague becomes an accomplished fact there will still remain the task of securing the adhesion of a number of powers to the court and the very Important task of so cultivating opinion fn varlous countrles ns to incline governments to resort to the court when occasion ealls for it. There fs no other single way in which the cause of peice and disarmament can be so ef- feotively promoted as by the firm estab- lishment of a pefmanent International court of justice. Sincerely yours, “WILLIAM H. TAFT, Work Already Begun. “DEPARTMENT OF STATE, WASH- INGTON, February 8, 1010.—My Dear Mr. Marburg: You are right In assuming that I take not only & keen personal, but offi ctal: interest (0 the,mevement for"which your‘socléty s “oryrileat, for a8 you | re doubtless aware, I have in an dentioal clrcular note, dated Ootober 18, 1909, urged {the powers to invest the international | prize court with the jurisdiction and fune- |tions of a court of arbitral justice, thus completing the work of The Becond Hague peace conference by carrying Into effect its recommendation that the eourt of arbitral Justice be constituted through diplomatic channels. Should the jdentic note be fa- vorably recelved and should the court of arbitral justice be thus constituted, the consenting nations would have a perman- ent International tribunal for the judiclal determination of controversies arising out of peace as well as war and it cannot be | doubted that such a tribunal would in large measure, render to nations the ser- vices which national courts have per- formed for private litigants. By the set- tlement of controversles susceptible of ju- diclal determination before they have reaclied an acute stage, the causes of war would be minimized and a first step taken toward the gradual decrease of armament, “Regretting my inability to testify by my | presence the great interest I have In the organization of your soclety, I am, Very sincerely yours, P, C. KNOX." Views of Ellhu Root. | “UNITED STATES SENATE, WASH- | INGTON, Feb, 2, 1910-My Dear Mr. Mar- { burg: I beg to say to your guests that I sympathize very strongly with their ob- | Ject and belfeve that the proposed organi- zation is adapted to render a great public | benefit. 1'assume that the new organization 1s to have a definite, specific objéct which may_ be indicated by the emphasizing of the word “judiclal,” In its title to indicate a distinction between that kind of settle- ment of international disputes and the or- dinary arbitration as it has been understood |in the past and is generally understood | now. 1 assume that you are going to urge that disputes between nations shall be settled by judges acting under the judiclal sense of honorable obligating with a ju- diclal idea of impartiality rather than by | diplomats acting under the diplomatic ideas of honorable obligation and feeling bound to negotlate a settlement rather than to pass without fear or favor upen questions of fact and law, “It seems to me that such & change In the fundamental Idea of what af arbitra- tion should be, is essential to any very great further extension of the idea of arbi- tration. 1 have been much surprised, how- ever, to see how many people there are of abllity and force who do not agree with this idea at all, particularly peaple on the | other side of the Atlantic. The extraordi- | nary scope of judicial power In this coun- | try has accustomed us to see the opera- | tions of government and questions arising | between soverelgns states submitted to Judges who apply the test of conformity to | established principles and rules of | duet embodied in our constitutions. It | seems natural and proper to us that the | conduct of government effecting substan- | tial rights, and not depending upon ques- con- | tions of policy, should be passed upon by |the courts when occaslon arises. It Is casy, therefore, for Americans to grasp the idea that the same method of settle- | ment should be applicd to questions grow- !ing out of the conduct of nations and not | involying questions of policy. “In countries, however, where the courts exercise no such power, the idea I8 quite |8 new one to most people, and It It Is to prevail, there must be a process of educa- tion. Buch a process will naturally vecelve its chief Impulse in the United States, and 1 hope your new socicty will give #uch an tmpulse with vigor and acc With kind regards, I ithtully yours. ELIHU ROOT." INITED STATES SENATE, WASH- INGTON, Feb. 3.—~My Dear Mr, Marburg: X