Page:The Green Bag (1889–1914), Volume 16.pdf/600

 Paris Letter. would make the case parallel to that of the Alabama. In that case, the Geneva tribunal found from all the facts, that the 'British Government failed to use due diligence in the performance of its neutral obligations, and especially that it omitted, notwithstanding the warnings and official representations made by the diplomatic agents of the United States, to take in due time any effective mea sures of prevention.' When such a case as that is made out in favor of Russia or of Japan (it does not appear for or against which Power the submarine is expected to

547

be used) we may have reason to apprehend another Alabama case, at least when some other conditions have been complied with, such as proof that it really was a submarine, and proof that it has really done some dam age to one of the belligerents.'' * 1 From the editorial, cited above. Proof of actual injury, as well as actual knowledge and lack of due diligence, would probably have to be fur nished by the injured belligerent in order to justify a claim for damages, although the duties of a neutral Government would begin long be fore that point had been reached: but evidence of hostile intention would under certain circum stances, justify a prosecution under our neutrality laws.

PARIS LETTER. JULY, 1904.

THE far-reaching results of the wellplanned and admirably carried out policy of the Government towards disestab lishing the Church from the State are becom ing more and more apparent. By many, this policy is considered as a deliberate war be tween the Continental Free Masons and their well-known antagonist, the Catholic Church. It would be incorrect to consider the matter from this point of view exclu sively. The Masonic Body in France has, no doubt, been energetic in uniting a great mass of politicians, but their efforts would have been nugatory without the moral and active support of the great mass of Frenchmen. The taxing of Church property, abolishing State subsidy to the Church and making the public school system the basis of national education cannot but appeal to the practical, thrifty French taxpayer. Compulsory school ing has done for France what nothing else could do. The silent, or almost silent, revo lution which has been going on in France, is one of the most gratifying signs of the times, and is due to education alone. Such extra ordinary steps have been taken by France in a forward direction without bloodshed, and,

after all, without much clamor, that great hopes may be entertained for the future of this country. The advancement of free State education in France has its lessons for Amer icans, while bearing flattering proof of the splendid example set by the United States in this respect. Nor are signs wanting of a very serious awakening of a spirit of progress towards realizing more perfectly and more practically the fruits of the Revolution of 1789. I had occasion to refer to this matter, not long ago, in the Yale Law Journal, and recent events support my contentions and hopes as set forth in that article. M. Jules Roche has come forward with a bill for the revision of the Constitution. He says: ''The events of the past few years amply demonstrate how incomplete and in sufficient our institutions are to assure and guarantee French citizens their civil rights, and to prove that the Republic is only a name to conjure by. These events also show that a state of things exist which is an abso lute negation of the principles of the French Revolution. It is, then, urgently necessary to put an end to this state of things by the