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strong police force curbed it with difficulty. all the laws all the time, I do not know how
Finally, after these ranters had refused a per- they could do it with the means at hand.
mit to hold meetings under police protection The rule of reason and discretion should be
elsewhere than in a thronged street, they were applied to law enforcement."
arrested, tried, and found guilty of violating This principle, asserted now by the Su-
the city ordinances.

preme Court of the United States, was asIn a message to the City Council stating serted in the famous dictum of Cicero in the situation and his treatment of it Mayor pleading against too rigid an application of Calkins laid down these axioms :

Roman law : “ Summum jus summa inWith our Constitutional rights to freedom juria”- “ Extreme law is extreme injustice.” of speech and of religious belief go other rights of co-ordinate value—the right of all to "BLUE" LAWS free and orderly use of the public streets ; The so-called Blue Laws of Connecticut the right of citizens of every religious class to came to New Jersey with emigrants from the use the common thoroughfares without mo- New Haven colony, who founded Newark lestation by any of another class. Public streets in 1666. Blue gowns distinguished the are intended solely for travel and traffic. Presbyterian clergy from the Church of EngAny other use of them is a concession to be land clergy, who wore black. Hence, probgranted only if not obstructing their primary ably, the name “ Blue Laws." Their prohiuse. Freedom of speech is not liberty to say bition of Sunday travel, and of any kind of whatever one chooses wherever one wishes, play, pastime, or diversion, as well as of regardless of consequences. To grant such business and labor, survives to-day. liberty would be like giving pistol permits Respect for law is the corner-stone of a stable to children.

commonwealth. Any conscious disregard of The general principle here involved is that law is an infectious germ of lawlessness. Constitutional rights so limit one another that Open disregard of law by some of the higherlimitation by law is necessary to their equal up has already bred dangerous imitators protection by law.

among the lower-down. The immemorial The enforcement of law presently required sacredness of law " demands the abolition another official statement. Sundry religious of every statute unsanctioned by the respect and civic organizations had complained to the of the community. The surest way to get City Council that many shopkeepers were rid of a bad law, said President Grant, violating the Sabbath laws. To this Mayor is to enforce it. But there is a less militant Calkins replied in a letter to a representative way. citizen.

Athenian democracy in the fifth century With a cautionary remark that literal en- B.C. was in this point and some others in forcement of those laws would land him and advance of American. The first annual busisome of the petitioners with most of their ness of the Assembly was an inquiry whether townsmen in the police court on Monday, any alteration of the laws was needed. Any Mr. Calkins pronounces for a reasonable such proposal, if sustained by the majority, enforcement of the spirit of the law. This, was referred to a special commission, whose upheld by a massive public sentiment, is ful- decision, after hearing the arguments pro and filled by quiet orderliness and a very general con, was decisive. cessation of business and labor.

Mr. Calkins has kindly informed The and quiet of the day are better observed by Outlook of a practice in Scotland of tacitly rethe poor Italian with his little shop open pealing laws“ by desuetude ;' in other words, than by the prosperous folk whose Sunday an obsolete law is simply disregarded by recreations are pursued with clouds of dust the Court in a proceeding thereunder. The and noisy horns. Why begin with him decision of the Court holds the law obsolete, rather than them in literal enforcement of and thus works out a practical repealer." the law ?

That Blue Laws are not protected from conThere are many laws, says the Mayor, tempt by decent burial Mr. Calkins's letter to which their makers did not expect to be The Outlook ascribes to good people who strictly enforced on all-2. g., the motor vehicle fight vigorously against repealing them, fearspeed law, purposely made strict for handy ing that it would be a step toward an entire use when necessary. ' If,” says he, "it secularizing of the sacred day. Their fight is were the duty of officials rigidly to enforce so strenuous that the lawmakers weary of it

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and adjourn, saying, “What matters it? The Chinese jades, and more than six hundred law is dead, anyway.”

examples of Egyptian glass ; there are also Might we not do better by patterning from early Persian and Indo-Persian paintings, and the Athenian or the Scottish method, or, over twelve hundred Chinese and Japanese still better, by a judicious blend of both ? screens, panels, and scrolls.

At first it was supposed that the building THE FREER MUSEUM

projected by Mr. Freer for his collection In 1905 Mr. Charles L. Freer, of Detroit, would not be available until after his death. offered his art collection to the Smithsonian Now, however, the munificent donor has Institution, and so to the Nation.

been able to set aside $1,000,000 for its imAt that time the collection was one of the mediate construction, the architect is well most remarkable in America, but during the advanced upon the plans, and the erection ten years which have since elapsed it has will be begun this spring. doubled in size and value. It is notable, This announcement is a cause of satisfacfirst of all, because of its unique wealth in tion to all art lovers, for several reasons. modern American painting. And yet the First, a doubly significant collection will group is composed of comparatively few be available, not in its owner's home city, painters—Whistler, Tryon, Dewing, Thayer, but in the National capital, where it can be Homer, Sargent, Twachtman, Metcalf, Mel- enjoyed by many more sightseers than if it chers, and Lindon Smith. Of these names were in Detroit. that of Whistler looms large; indeed, the Second, the Freer collection in its own whole collection is dominated by examples of building marks the first great step in this his work, of which Mr. Freer possesses no country towards the establishment of such fewer than sixty-two oil paintings, forty-four restful and educational small museums as are water-colors, thirty-two pastels, over seven the Wallace Collection in London and the

undred etchings, drawings, sketches, and Poldi-Pezzoli in Milan. lithographs, and, finally, the famous “ Peacock Finally, Mr. Freer has added himself to

This room is to be given a gallery the gratifyingly growing list of those who do by itself.

Mr. Freer was Whistler's friend not wait for death to transfer their possesand admirer. In a very real sense the col- sions, but enjoy while living the happiness of lection is a Whistler memorial, as it is also a seeing and directing the disposal of what they choice exhibition of that group of modern have acquired to the greatest good of the American painters who stand alike far from greatest number. both the old academical school and from latter-day aberrations.

THE LANGUAGE QUESTION The second feature of the Freer collection is its wealth in Oriental art. Mr. Freer started It is not often that the Legislature of with gathering together examples of Amer- one state or province of a nation passes ican art, and especially of Whistler ; but his . a resolution admonishing another state or attention was finally turned elsewhere by vis- province. Yet this is what has happened iting an exhibition at the Grolier Club in in Canada. The Legislature of the Province New York City, where he saw some prints of Quebec has passed a resolution to by the Japanese master Hokusai, and, noting the effect

the effect that the Province of Ontario in them points of contrast with Whistler's should change its school laws and give to manner, bought some of them, and thus the French population their rights. The formed the nucleus of his now truly extraor- population of Quebec is over four-fifths dinary Oriental collection. It is especially French; that of Ontario about cne-tenth. important on the historical side, for it ilius- The action of the Quebec Legislature in aptrates the development of art as originating parently attempting to

parently attempting to dictate an educain India and carried across China to Japan. tional policy to the Ontario Government has There are

some seventeen hundred speci- aroused the resentment, not only of Orangemens of pottery from Japan, Korea, China, men and other extremists in Ontario, but Central and Western Asia, and Egypt, over also of more moderately minded men. two hundred and thirty bronzes from the In both the United States and Canada the same sources, and several hundred stone educational system is based on the principle sculptures, wood carvings, and ivories, be- of free education. Further, as is the case · sides a superb representation of ancient with several States in this country, so in


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Cabrera is a robber and a murderer; that to him we owe the terrible condition of peonage of the Indian ; that he is to blame for the depleted condition of the national treasury and the depreciation of the national currency that makes a dollar of Guatemalan money worth only two cents in United States gold; that he is starving the soldiers and pocketing the money that should be spent on their equipment.


Canada the several provinces have control of education. Canada, however, has made special concessions both to religion and language. As to religion, in the provinces of Quebec, Ontario, Alberta, and Saskatchewan there are separate schools for Roman Catholics ; in the other provinces the schools are unsectarian. As to language, in Quebec the French naturally have the upper hand in school control ; in Ontario the English have. All of the people of Ontario doubtless believe that their children should receive an English education, but the French in that province want both languages taught. Under existing regulations the teaching of French is limited to an hour a day, except where time may be increased upon special order. This, the French protest, is inadequate. Hence, where they have been strong enough, they have refused to obey the law, and in consequence the Provincial Department of Education has withheld grants from rebellious schools. These then appealed to the courts, but the courts decided against them. The case has now been sent to the British Privy Council.

But this is not all. While the French party is almost exclusively Roman Catholic. Canadian Roman Catholics are not all French; some are Irish. And the Irish insist upon the teaching of English in the schools.

The main result so far has been that the French have established a large number of private schools. Their districts may thus become more French than ever. It is not easy to predict how the matter will end.

One thing is certain. No matter how strong the devotion of the French-Canadian to the British Empire, he has no notion of effacing either his individuality or his language, Empire or no Empire.

The story of the election procedure is also interesting. Over six months ago the Liberal party held its national tion and nominated Cabrera. The Presidential candidate was to be elected during the year of 1916, and, as January 10 and the following days appeared to be the most convenient time, the elections were ordered to be held then. They were held under the control of the military. There is compulsory military service in Guatemala, and so every citizen is a soldier. He must obey the rollcall frequently; and, in addition, if he hears the bugle blown some afternoon, he must present himself without fail the following morning at the military headquarters of his section. The bugle was blown on Sunday afternoon, and the notice read that all citizens between twenty and sixty years of age must present themselves at eight o'clock the next morning Monday morning comes, and promptly at eight o'clock the roll is called. Those who have not responded to their names are noted, and may be put in prison for a month or two. Those who reply "present” are drawn up in military array and marched to one of the polling centers. Here they have a campaign button pinned on them and a ballot given them which contains the following words: “I hereby give my vote for the Licenciado Don Manuel Estrada Cabrera for President of the Republic for the term 1917-1923."

Those who can sign their names do so. Those who cannot have them signed for them. They then file past the election urn and deposit their ballot. The regiment is forthwith dismissed.

This system has worked with sinister smoothness in Guatemala.


A correspondent of The Outlook in Guatemala sends us a vivid account of the recent election there by which Manuel Estrada Cabrera was re-elected President of the Republic for the regular term of six years.

Señor Cabrera was the candidate of the so-called Liberal party. But where are the other parties? There are none. single voice was raised in the press or in public assembly against the re-election of the present incumbent. A really wonderful unanimity pervades the nation.

Our correspondent adds :

To be sure, when you get 'behind the closed doors with confidential friends, you hear that

- Not a


The work of the Christian Literature Society in China is intimately connected with political progress. The reformers of 1895 were among the most highly educated men in the Empire, and for three years Kang Yu-wei,

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Liang Chi-chao, and others, through their

A REAL NATIONAL GUARD organ, “ Chinese Progress,” stirred up the minds of millions of men. Their work was The United States ought not to depend not altogether advanced by the more radical for protection on a volunteer force to be revolutionaries who finally brought about a called, out in case of necessity. It ought to change from a monarchy to a republic, in so be permanently prepared with effectual means far as some of the revolutionaries followed for preserving peace, and for this purpose it inefficient methods, and the consequent po- ought to follow Washington's counsel and as litical unrest allowed bandits like the “ White a people be armed and disciplined in preparaWolves" to organize brigandage through tion against the possible peril of war. most of the provinces. The saner upholders This Citizen Soldiery secured by universal of the Republic, however, did much good in training and universal service ought to be enabling President Sun Yat-sen and after under the exclusive authority and control of him Yuan Shi-kai to establish increasingly the Federal Government. At present, except stable governments, so that now the latest for a small standing or professional army, not report of the Christian Literature Society can large enough to do the necessary permanent say, " The people are in comparative peace duty required by the Nation, our military and trade is reviving." The report does not forces are State militia. The States are fail to add, however, " It will take many

explicitly prohibited by the Constitution from years, perhaps generations, before China can making war, "unless actually invaded or in be put on a stable and progressive basis. such imminent danger as will not admit of For before that is possible there must be delay;" and they are equipped with military better education throughout the land, and power for making war. The power to make the spread of moral ideals and sanctions." war is by the Constitution explicitly given to

So long as education is not developed it the Nation, and on the Nation is laid the duty is vain to hope for a permanent settlement. of protecting the States alike from invasion That there is hope for such settlement, and insurrection ; and the Nation is left with however, is indicated, not only by what a force inadequate even to man its fortificaChina herself is doing, but also by what tions and perform the necessary police funcher friends are doing for her. During the tions of the Federal Government. The States past year American endeavors have been are forbidden to make war and yet are armed accentuated by the report of the Rockefeller and equipped for war. The Nation is required Foundation Commission, which is about estab- to protect the States and yet is left unarmed lishing medical colleges of the first order in and unequipped China. The interest of other nations is indi- To correct this extraordinary anomaly no cated by the augmented work of the Hongkong amendment to the Constitution is required. University (British), which has Chinese stu- Congress has only to provide a Citizen Soldents from most of the provinces, and by the diery under Federal control for the National educational institutions which Japan is put- defense, leaving each State to make such ting up in Shanghai, also by the work of the provision for enforcing law and maintaining Municipal Council in Shanghai.

peace within its own borders as it deems best. The chief internal change in the Christian If the States should cease to maintain a Literature Society is the resignation, after State militia, and in lieu of such State militia twenty-four years' service, of the Rev. Dr. there should be organized a National Citizen Timothy Richard. When he began his term Soldiery under undivided Federal control, the of office, China, as he has said, lacked four defense of the Nation would be immensely things: true science, true history, true econ- strengthened. In the organization of this omy, and true religion. As to the first, new force the National Government would Chinese text-books said nothing about chem- naturally look to the leaders and men of the istry or physics. As to history, the text-books present organized militia of the States to spoke of China as the only civilized nation ! supply a large proportion of the commissioned As to economics, the Chinese books never and non-commissioned officers of the new told students about the advantages to be regiments. The men of the present National derived from international trade. Finally, Guard are representative of that portion of as to religion, any Chinese who became a our citizens who have taken the greatest interChristian was liable to be dismissed from est and sacrificed the most in order to do their the Government service.

share for the National defense. It cannot be


doubted that they would display the same universal military service ? We refer him to spirit of patriotism under a newer Federal Washington's affirmation that “a free people organization.

ought not only to be armed but disciplined.” If, instead of a State militia, a paid pro- as an effectual means of preserving peace. fessional State constabulary were organized Does the pacifist think a narrow limitation in every State, the protection of the State should be put upon the size of our army? would likewise be strengthened. The militia We refer him to the fact that his forebears in is a military organization, and a military organ- the Constitutional Convention proposed such ization is created, equipped, and trained to do a limitation, and the proposal was promptly debattle with another similar military body. It feated, all the States voting against it, and we is therefore furnished with the long-distance ask him to ponder Washington's suggesrifle, the quick-firing machine gun, the cannon, tion that he had no objection to limiting the and the mortar. The constabulary is created, force of the army to any given number,“ proequipped, and trained to deal with indi- vided the Convention would get foreign govviduals, groups, or sometimes mobs, always ernments to agree that they would limit their imperfectly organized, if organized at all. armies to half that number.It is therefore furnished with clubs and Does the pacifist suggest that the proposal pistols, and shoots only in case of dire neces- of universal service is not based on any sity. The rifle of the militiaman is as apt precedent in American history? We refer to kill an innocent bystander as a criminal him to the Act of Congress, an actual law; leader; not so the club or the pistol of the passed in 1792, which provided that " each trained policeman. The difference between and every free, able-bodied, white male citithe two is inferred by the saying attributed zen of the respective States, resident therein, to Marshal Suvaroff, The bayonet is wise ; who is or shall be of the age of eighteen the bullet a fool."

years, and under the age of forty-five years If the money now spent on

a State

(except as hereinafter excepted), shall, severmilitia which is not needed was divided ally and respectively, be enrolled in the between a Citizen Soldiery which the Na- militia by the captain or commanding officer tion needs and a State constabulary which of the company within whose bounds such the State needs, the increased expense need citizen shall reside, and that within twelve not be prohibitive. If accompanied with months after the passing of this Act.” perfectly legitimate economies, the increase Does the pacifist ask us to believe that in expense might even be comparatively all danger of war is past and that insignificant

may live in peace and safety unprepared ? It would take several years to organize, We commend him to the words of Alexarm, and discipline a National Citizen Soldiery. ander Hamilton : " That there may happen Meanwhile it would not be impracticable and cases in which the National Government it would be wise so further to co-ordinate the may be necessitated to resort to force cannot militia of the various States that out of them be denied. Our own experience has corrobcould be called a volunteer force in case of orated the lessons taught by the examples of immediate necessity, as such a volunteer force other nations; that emergencies of this sort was summoned to the defense of the Nation will sometimes arise in all societies, however at the outbreak of the Civil War. This, how- constituted ; that seditions and insurrections ever, even if every man of the organized are, unhappily, maladies as inseparable from militia was fit and volunteered (and not half the body politic as tumors and eruptions from of them, at a liberal estimate, could be counted the natural body ; that the idea of governing on as trained volunteers), could furnish no at all times by the simple force of law (which more than 135,000 men.

we have been told is the only admissible prinIn thus urging the creation of a Citizen ciple of republican government) has no place Soldiery under exclusive Federal control, The but in the reveries of those political doctors Outlook is not proposing any departure from whose sagacity disdains the admonitions of the ideals entertained and the policies urged experimental instruction.” by the founders of the Constitution.

From Does the pacifist tell us that in case of intheir writings and speeches could easily be vasion a million men would spring instantly to found effective replies to all the pleas of the defense of their country? We refer him modern pacifists.

to the same Alexander Hamilton : “ Here Does the pacifist fear a peril to liberty in I expect we shall be told that the militia of



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