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could be found in ancient writings to prove which are asked by the audiences on these her appearance on the occasion of her famous subjects. In New York City many lantrial in Athens garbed only in immodesty. guages have been spoken since before the Now Mr. Théodore Reinach has come Revolution; and consequently it is eminently to the rescue of Sappho, whose character fitting that many lectures should be given in has long been regarded as questionable. the Italian and German languages, and in Sappho's reputation as a poet rests on very Yiddish. Another happy adaptation of these few, but very convincing, survivals of her lectures to the public service is the instruction work; her evil reputation has rested on the given concerning the preservation of health, very slightest foundations, and Mr. Reinach and especially concerning the prevention of thinks he has discovered that she was tuberculosis. A long step toward the unifiwidow in reduced circumstances, who pro- cation of the educational facilities of the mevided a home for high-born girls on Lesbos, tropolis is taken in the co-operation of the
, where they were taught music, art, poetry, lecturers with the public libraries. On every dancing, and possibly the art of dressing. lecture bulletin the location of the nearest The evidence for this position is furnished library is printed, and the librarians prepare by some lines of Sappho, and especially by a special lists of books for reading in connecrecently discovered ode, in which she prays tion with the lectures. for her brother's safe return from Egypt. He maintains that Sappho was of a family
GAMBLING WITH THE of sufficient position to suffer banishment, whereas women of her alleged habits were
PEOPLE'S HEALTH always humbly born, or foreigners, and he Alarm should be felt throughout the counbelieves that the stories which have reflected try at the action of Governor Dix in demandon her reputation are fables. Sappho is ing the immediate resignation of the Health entitled to the assumption of innocence until Officer of the Port of New York. If the her guilt has been proved; and it is certain facts could be generally known as they are that evidence of her guilt is lacking.
known to us, alarm would be accompanied
with angry resentment. For sheer irresponThe annual report of Dr. sibility, this action of Governor Dix's matches Henry M. Leipziger, who anything that has been done by any high pub
has charge of the evening lic official in recent years. lectures given in the public schools of The Outlook is not saying this carelessly New York City, furnishes additional proof or heedlessly. We have seen the transcript of the popularity of what has happily been of evidence taken by the Commissioner whose called a “University for the People." ” recommendation Governor Dix follows. We With a staff of more than seven hundred have the report of that Commissioner, who lecturers who addressed during the year took the evidence and who made the recomnearly fifty-five hundred audiences and mendation. In the light of that evidence, reached almost one million people, it is quite Governor Dix's action is not only astoundimpossible to estimate the educational value ing, it approaches the incredible. of this larger use of the school-houses of For sixteen years Dr. Alvah H. Doty has New York. The vast sums invested in those been Health Officer of the Port of New buildings yield a larger return than ever, York. Although an officer of the State of and the expenditure is justified on larger New York, he has stood as guardian at the grounds. The school-house which closes the gate through which nearly a million immigrants doors on the children in the afternoon only to a year pass from Europe to all parts of the open them to their parents in the evening is United States. In all that time he has sucdoing double duty, and is a real municipal ceeded in preventing any imported epidemic building. One significant feature of the from getting a foothold in this country. Per
a work last year was the increasing interest in haps the finest achievement of his adminismunicipal and governmental topics, an in- tration has come within the past year in his terest which carries with it definite hope for successful defense of the Nation against the better government and better citizenship. threatened invasion of cholera. His work in Another indication of the awakening minds of this respect has called forth high praise from the men and women who attend these lectures physicians and medical experts. is the intelligence shown in the questions What is more astonishing still is that he
has done this with appliances that are far rejects in toto the testimony of these two from adequate and with a force of helpers responsible people, and declares that this that the State has been too niggardly to make alleged mode of washing children is a foul as efficient as they should be.
and cruel “wrong on helpless childhood,” Against this man a newspaper, the “ Jewish condemns itself, and cannot be excused. Morning Journal," instigated certain charges. These are fair samples of the Commission
, and offered to support them by the statements er's report which Governor Dix accepts as of some immigrants. Some of these statements adequate reason for dismissing Dr. Doty, are so palpably unreasonable and contradic- whose record as a health officer has been tory that no person of ordinary intelligence extraordinary and in some respects unique.' would consider them as calling for any refu- Governor Dix's letter to Dr. Doty, approvtation. One example will suffice.
ing and following the recommendations of charged that mothers were not allowed to see the Commissioner who condemned Dr. Doty, their children even when they were very ill is such a letter as one would write to a man and dying ; and, second, it was charged that who had proved himself, by the results of mothers were allowed to see their children his work, corrupt, immoral, and incompetent. under circumstances of illness that caused Undoubtedly this letter, read in whole or in the mothers great distress. In other words, part by hundreds of thousands, will create the Health Officer was charged with being the impression that Dr. Doty has been not inhuman on absolutely opposite grounds. only incompetent, but immoral and corrupt.
The Commissioner, by the name of Bulger, It is a calamity for a State that it should issued a report which, so far from being have for Governor one who so little realjudicial in character, is virtually a mere re- izes his responsibility as to put forth such a statement of charges, with a show of refer- document as this letter. It absolutely disence to the evidence. What the character regards the indorsement of Dr. Doty by of this report is may fairly be judged from men of the highest standing in the comthree examples. This Commissioner, to munity : in particular, such eminent physicite one example, lumps yellow fever with cians as Dr. Flexner, the great bacteriologist smallpox, plague, and cholera as a disease of the Rockefeller Institute; Dr. Janeway, that can be conveyed from one person to Dr. Jacobi, Dr. Prudden, Dr. Biggs, Dr. another by direct exposure.
Park, Dr. Polk, President of the Academy posed that no citizen who had access to the of Medicine ; and the former physician to ordinary means of information was to-day President Cleveland, Dr. J. D. Bryant. ignorant of the fact that yellow fever is con- This is not the first time that attempts to veyed exclusively by a species of mosquito secure Dr. Doty's place for some other man that does not exist at the latitude of New York. have been made. Charges substantially Another instance: this Commissioner cites as like these and supported by substantially serious testimony: the fantastic tale that a the same testimony were offered during Govdrink was prepared from gin and passed ernor Hughes's administration, and Governor around in an urn which had contained human Hughes, after an examination of them, reashes, which some one had said were the fused even to institute an investigation. ashes of the late Colonel Waring. Of course When he reappointed Dr. Doty, Governor this story has no value except to supply Hughes made special reference to his effinewspapers with front-page material, and, if cient service. it had its origin in anything but a disordered Not the least serious aspect of the Gov. and malicious witness's mind, can be attrib- ernor's demand for Dr. Doty's resignation uted only to somebody's grisly sense of is the way in which it has been presented. humor. One more instance: the Commis- Dr. Doty's term expired about a year ago sioner, in referring to the charge that two (in February, 1911), and Governor Dix, if or more children were on various occasions he had wished, could have appointed his washed in the same water, admits that this successor then. But he did not wish to do charge was "stoutly contradicted and indig- Then came the investigation, and before nantly denied " by the Supervisor of Nurses the report of that investigation was made and by the Chief Medical Officer ; but he the Legislature adjourned. It then became says that the immigrant women whose testi- impossible for the Governor to appoint Dr. mony supported the charges appeared to be Doty's successor without either removing • frank, candid, conscientious," and so he Dr. Doty under charges or waiting until
We had sup
the Legislature should reassemble. The Gov
THE LAW'S DELAYS1 ernor has done neither until now, within a week of the reassembling of the Legislature. Laymen and litigants have long felt the And now, instead of waiting until the Legis- injustice and inefficiency resulting from the lature reassembles and appointing Dr. Doty's law's delays. Lawyers and judges have also successor, he takes these few days in which taken up the cry, and the greatest hope that to indorse the charges sustained by the Com- the country has for reform of the courts, the missioner. It is an extraordinary action.
trial and punishment of criminals, and the What can the people of the State do about
administration of civil lawsuits is found in the it? What can the people of the Nation do? fact that the best jurists are in favor of such In the first place, they can make known
reform. The especial merit of Mr. Moortheir resentment by writing directly to Gov- field Storey's little book on the law's delays, ernor John A. Dix, Albany, New York; that the substance of which formed a series of will probably not save Dr. Doty from dis- lectures at the Yale Law School, is that it missal, but it may impress upon Governor
deals with a legal and technical subject in a Dix the danger of appointing as Dr. Doty's human and interesting way. successor a merely “ political doctor.”
Mr. Storey is an accomplished lawyer, In the second place, the people of the
but he is first of all ardent antiState can impress upon their legislators the imperialist, and therefore a passionate opnecessity for seeing that proper facilities ponent of Theodore Roosevelt, whom he are provided for quarantine purposes at the regards, as an arch-imperialist. His book is port of New York,
in itself an amusing illustration of the law's In the third place, the people of the Nation delay, or rather of the lawyers' delay, for he should discuss the question whether the Fed
delays attacking his main subject in order to eral Government ought not to take up the
devote some pages to a severe criticism of duty of protecting the health of the whole Mr. Roosevelt's alleged criticisms of the Nation by standing guard at its chief port.
courts. He also illustrates one of the defects It should be remembered, however, that of legal procedure in the criminal law when no change in machinery is going to save the he asserts to the jury. (that is, to us, the country from action such as that of Governor readers of his book), as a fact, something that Dis. The responsibility for this menace to
is contrary to the evidence. In criminal law, the people's health rests directly upon the
we believe, this is called pettifogging. He voters of New York State, who, in a mood repeats as fact some newspaper gossip about of inexplicable fear of imaginary evils, put
Mr. Roosevelt by referring to and condemning Mr. Dix into the Governor's chair and
“ his attacks during the recent political cambrought upon themselves evils that they now paign [that of the autumn of 1910] upon the see are very real. Changing the health Supreme Court of the United States and upon officer from the State to the Federal Gov. other eminent judges whom he characterized ernment will not prevent, necessarily, the
variously as · fossilized,' reactionary,' or in recurrence of such an act as this.
even less flattering terms." The speech as the people of New York had the sense to
“ during the recent political campaign " upon keep a man like Governor Hughes in the Gov
which this distorted gossip is based was deernor's chair, the port of New York was well livered by Mr. Roosevelt before the Colorado guarded. If the people of the Nation should Legislature, upon the invitation of that body. ever have the recklessness to put a man like
The only passage in which the word " fossilGovernor Dix into the President's chair, the ized ” occurs (we quote from the stenographic port of New York would be in as great, report already printed in full in The Outlook) danger as it is now under Governor Dix runs as follows:
If, as a consequence of this act, cholera or By a five to four vote they (the Supreme some other epidemic disease gets a foothold
Court] declared the action of the State of New
York unconstitutional, because, forsooth, men in this country, it will be due to misgovern
must not be deprived of their "liberty" to work ment; and the deaths of men, women, and under unhealthy conditions. children will rest heavily on Governor John All who are acquainted with the effort to A. Dix. But the fact that a man like Gov
remedy industrial abuses know the type of mind ernor Dix is in position to bear such responsi
(it may be perfectly honest, but is absolutely
fossilized) which declines to allow us to work bility is attributable to the votes cast by thoughtless and prejudiced voters.
1 The Reform of Legal Procedure. By Moorfield Storey The Yale University Press, New Haven.
for tlie beiterment of conditions among the encouraged. It insures attention to business, wage-earners on the ground that we must not and avoids much waste of time in the juryinterfere with the “liberty” of a girl to work under conditions which jeopardize life and limb, or the "liberty.” of a man to work under
In contrast with this common-sense treatconditions which ruin his health after a limited ment of non-essentials in English courts Mr. number of years.
Storey gives some examples of the way in Such was the decision. The court was, of course, absolutely powerless to make the
which justice has been defeated by the remotest attempt to provide a remedy for the
observance of trivial technicalities in some wrong which undoubtedly existed, and its re- American courts within a few years : fusal to permit action by the State did not confer any power upon the Nation to act. The One man was convicted of murder in the first decision was nominally against State's rights, degree and the verdict was set aside because really against popular rights.
the foreman spelled “first""fust.” In another
case a convicted murderer was given a new trial Mr. Roosevelt called, not individual judges,
because “breast” was spelled in the indictment
without the “a.” Another murderer was given but a type of mind, fossilized. Unless Mr.
a new trial because, though the indictment Storey possesses that not uncommon type of alleged that he stabbed a man who did “inmind himself, he will be the first to perceive stantly die,” the words “then and there" were how baseless is his charge that Mr. Roosevelt
not inserted before "instantly," as if he could
have died instantly without dying “then and "attacked the Supreme Court” and charac
there," or as if it made any difference when or terized it as “ fossilized.” The incident is not where he died if he was killed by the accused of great importance except as showing the Again, an indictment for rape was held defectdifficulties of dealing with legal injustice. For
ive because it concluded "against peace and
dignity of the State," instead of “against the here we have an eminent lawyer who, in the
peace and dignity of the State," and a convicvery act of protesting against certain defects tion of murder was set aside because in the of the legal profession, perpetrates some of name of the murdered man, Patrick Fitz-Patthese defects in his own practice.
rick, the second “patrick was spelled with a
small “p.” Aside from this blemish the book is a valuable and interesting one; it is full of enter- Among the fundamental remedies which taining anecdotes, vital experiences, and Mr. Storey proposes for these defects in expert opinion. The simplicity of legal American legal procedure we select three for administration in England, as compared with especial mention.
, American methods, is brought out more than The first is better courts with greater powonce in the course of the book, and we ers—that is, courts with able, strong, and quote the following incident, related by Mr. independent judges who shall have a greater Storey, as an indication of what may be done latitude than they now have in rendering defor real justice when legal technicalities and cisions and in directing the course of trials. legal jargon are tempered with common Second, legislatures which shall devote
themselves to the enactment of general
principles rather than detailed, petty, and Some years ago a friend of mine in England was watching the trial of a case, when one of complicated prohibitions. the counsel called a witness.
“Why do you
Third, a body of lawyers who believe that call this witness ?” said the judge. "I want to their function is to promote justice and to make the jury understand the working, of a winch," was the reply. “Oh,” said the judge, prevent crime, and who will no more stoop “the jury understands that," and, turning to the
to encouraging and prolonging litigation for jury, he said: “Gentlemen, don't you all know the sake of profiting by it than a physician what a winch is and how it works?". They all will stoop to spreading an epidemic for the nodded assent.
sake of the fees that he may derive from it. judge, “ you don't need this witness. Call your next.' A little while later the case was given
The independence of judges is not proto the jury, who, as is very often the case in moted by expecting a judicial candidate to England, consulted without leaving the box. contribute money to the campaign funds of After a few minutes the judge turned to them and said: “Well, gentlemen, have you agreed ?"
the party which supports him. “We stand eleven to one," answered the fore- Justice is not served when the Legislature man. Addressing the counsel, the judge said: establishes a system of conditions and pro“Gentlemen, will you take the verdict of the hibitions under which, as happened recently eleven?” They assented, and the case was
in a case cited by Mr. Storey, 9,000 men may ended. This was practical sense, and it may be added that consultation by the jurymen under
be summoned and nearly 5,000 examined the eye of the judge and counsel should be before a jury is finally chosen; or under
which a defendant in a criminal case is Italy finds her African expedition far relieved of the necessity of taking the witness- from a holiday picnic. She holds so much stand lest he should incriminate himself. If of the province of Tripoli as is covered by the purpose of the State is to discover and the guns of her fleet.
But permanent occupunish the guilty offender," why shouldn't he pation and settlement of the country are posincriminate himself ?” asks Mr. Storey with sible, if at all, only at the cost of long, exgreat pertinence.
pensive, and tedious guerrilla warfare with And the Bar Associations of the various the native tribes. In such a warfare little is States should make a concerted effort to pre- to be gained in either honor or commercial vent unscrupulous lawyers from stirring up advantage. Even if Italy's successes have litigation, as, for example, in the field of per- been as great as her most enthusiastic sons sonal damage suits. “The prosecution of think they have been, Italy could not regard such suits becomes a business by itself, and the offer of mediation as an unfriendly act. in every large community there are lawyers She might welcome it; as did Japan after with offices equipped to gather and press far greater victories both on land and on sea. such claims. They have runners who visit The future holds dread possibilities : for the injured, doctors who send them cases and Italy, danger of present unrest breaking out in testify for the claimants, experts upon whom republican revolution against a military monthey rely, . . . and secret methods of reach- archy which imposes an added burden of taxing jurors.
ation on a people already overburdened; for Mr. Storey has written a readable book Turkey, danger of a revolution against the which will interest the layman as much as it Young Turk and a return of the Old Turk to does the lawyer. Its great value lies in the power, with all which that involves, including fact that it is a severe, although dispassion possible wholesale massacres; for the surate and impartial, indictment of American rounding countries, danger of a new religious courts and American lawyers by a lawyer who war—the Crescent against the Cross—the is familiar with and a believer in the best tra- seriousness of which it is impossible to overditions of what ought always to be a useful estimate. These are not probabilities; but and noble profession.
they are possibilities, seriously discussed by those most familiar with the existing condi
tions. AMERICA'S OPPORTUNITY Peace is not impossible. Italy made war
avowedly to secure protection for her citizens We hope that our readers noted Dr. Mary residing in Tripoli. If through mediation she P. Eddy's letter in last week's Outlook. If not, could secure adequate guarantees for such we hope they will look back and read it now. protection, she could make peace without Her picture of conditions in the Turkish humiliation Empire suggests America's opportunity. It America is the one Power which can interis the opportunity to bring about peace be- vene without provoking hostility, England, tween Italy and Turkey.
France, Germany, Spain, Russia, all have The agreement between the nations signed interests which would cause both Italy and at The Hague provides that "it is expedient Turkey to look upon their proffered mediaand desirable that one more Powers, tion with some suspicion. America has no strangers to the dispute, should, on their such interests. She would be free from susown initiative and as far as circumstances picion. And President Taft, who is by nature may allow, offer their good offices or media- and training a diplomat and by temperament tion to the States at variance," and may do and principle a peace-lover, is the man to this “even during the course of hostilities,” undertake the delicate and difficult task. and that such an offer “ can never be re- If ever it is desirable to offer mediation, if garded by either of the parties in dispute as ever circumstances allow, this is the time and an unfriendly act.” Both Italy and Turkey these are the circumstances. are parties to this agreement.
Peace hath her victories no less than war. Do the circumstances allow such an offer If by her good offices America could reconof mediation in the present case ?
cile Italy and Turkey, she would have won Turkey has already appealed to the Euro- for peace a victory second only to that which pean Powers to intervene. Turkey could not she won by her mediation between Russia object.