report of the division of international law of the carnegie endowment for international peace

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Report of the Division of International Law of the Carnegie Endowment for International Peace Source: Journal of the American Institute of Criminal Law and Criminology, Vol. 18, No. 2 (Aug., 1927), pp. 274-276 Published by: Northwestern University Stable URL: http://www.jstor.org/stable/1134706 . Accessed: 18/06/2014 10:14 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. . Northwestern University is collaborating with JSTOR to digitize, preserve and extend access to Journal of the American Institute of Criminal Law and Criminology. http://www.jstor.org This content downloaded from 195.34.79.253 on Wed, 18 Jun 2014 10:14:42 AM All use subject to JSTOR Terms and Conditions

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Page 1: Report of the Division of International Law of the Carnegie Endowment for International Peace

Report of the Division of International Law of the Carnegie Endowment forInternational PeaceSource: Journal of the American Institute of Criminal Law and Criminology, Vol. 18, No. 2(Aug., 1927), pp. 274-276Published by: Northwestern UniversityStable URL: http://www.jstor.org/stable/1134706 .

Accessed: 18/06/2014 10:14

Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp

.JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact [email protected].

.

Northwestern University is collaborating with JSTOR to digitize, preserve and extend access to Journal of theAmerican Institute of Criminal Law and Criminology.

http://www.jstor.org

This content downloaded from 195.34.79.253 on Wed, 18 Jun 2014 10:14:42 AMAll use subject to JSTOR Terms and Conditions

Page 2: Report of the Division of International Law of the Carnegie Endowment for International Peace

274

required to file with the sheriff or the superintendent of police, a complete report within twenty-four hours of the sale.

8.-The law should be changed so as to allow a greatly simplified state- ment of the crime to replace the present complicated and technical indict- ments and preventing the dismissal of charges because of some slight defect in the wording of the indictment.

9. The trial judge should be permitted to examine and qualify the jur- ors and counsel for the representative parties should not be permitted to interrogate the prospective jurors on any matter covered by this examina- tion.

10.-The trial judge should be permitted to interrogate a witness includ- ing the defendant while on the witness stand on any questions pertinent to any issue in the case.

11.-The state should be permitted to show other charges pending against the defendant and his previous convictions if either a felony or mis- demeanor, or both, by interrogating the defendant with regard thereto if on the stand.

12.-The trial judge should be charged with the duty of making the nec- essary investigations and examinations of the defendant to determine the question of the defendant's sanity, after conviction. The jury trial on that question should not be allowed unless the court in its sound discretion so orders.

13.-A judge before whom the person is summoned for jury service should be permitted to fix a time for such service to suit the convenience of such a person at which time the prospective juror should be compelled to appear and serve without further notice or summons. If such person seeks further delay the judge should be empowered to impose penalties, either fine or imprisonment until such person finds it convenient to serve.

14.-The statute should be amended so as to allow comment on the fail- ure of a defendant to testify and to permit the jury to consider such failure.

In the opinion of the Commission, these suggestions or such as may be practical at this time should be formulated into bills for acts and introduced in the present General Assembly. To this end the attention and good offices of the Governor of Illinois, the Lieutenant-Governor of Illinois, the Presi- dent pro tem of the Senate, the Speaker of the House of Representatives, the Illinois State Bar Association, the Chicago Bar Association, the Lawyers Association of Illinois, the Union League Club, the Industrial Club, the Illi- nois Association for Criminal Justice, and such other organizations as may be interested in the better administration of criminal justice, is invited. The enactment of such measures into law will further the protection against vio- lation of the life and property of the people of Illinois and they should receive the whole-hearted support of every public spirited citizen.--,Criminal Justice, Journal of the Chicago Crime Commission, January, 1927.

INTERNATIONAL LAW

Report of the Division of International Law of the Carnegie Endow- ment for International Peace.-The work of the Division of International Law of the Carnegie Endowment for International Peace as outlined in the annual report just issued by its director, Dr. James Brown Scott, falls roughly into four groups: (1) The activities of the Institute of Interna-

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Page 3: Report of the Division of International Law of the Carnegie Endowment for International Peace

INTERNATIONAL LAW 275

tional Law and the American Institute of International Law, both of which receive generous financial aid from the Endowment; (2) the sessions of the Academy of International Law at the Hague, and the traveling fellowships granted to teachers and students; (3) publications and translations, and (4) financial aid to journals and societies of international law, and help in meet- ing the cost of publication of meritorious works on this subject.

During the past year the two Institutes have been mainly concerned with the tremendous task of codifying international law. At a meeting held in Paris in September, 1926, fifteen commissions appointed by the Institute of International Law to study various phases of the subject gave reports covering a large part of the international law of peace.

The American Institute of International Law met at Montevideo on March 21, 1927, and reconsidered projects of codification that it had adopted at Lima in 1924. These projects are now to be submitted to the Commission of Jurists which is to assemble at Rio de Janeiro during the present month. Dr. Scott, the director of the Division of International Law, is also presi- dent of the American Institute, and he has been chosen as one of the two American delegates to the meeting of the Commission of Jurists.

The Academy of International Law at the Hague reports a successful year. Last summer 429 students representing 35 countries were enrolled under teachers of 16 different nationalities. Frequent gatherings of the pro- fessors, of the students, and of professors and students together, constituted a series of informal peace conferences.

Foreign governments showed an increasing interest in the work of the Academy. Prussia sent 30 students, most of them young magistrates, and fellowships were granted by the governments of France, Germany, Chile, Denmark, Danzig, Egypt, Spain, the Netherlands, Poland and Roumania, as well as by the University of Sao Paolo, Brazil, the Royal Academy of Juris- prudence at Madrid, and a Czechoslovak foundation.

In January, 1926, the stipend of the traveling fellowships issued by the Division to teachers and students of international law was increased to $1000 for students, and $1500 for teachers. Ninety applications were considered during the year. Since the fellowships were established ten years ago, 110 awards have been made, 28 of which were renewals. Of the 82 recipients 42 were teachers, and 40 were students.

The Division reports several publications in preparation. A translation of the works of Hugo Grotius brings the number of books in the series of "classics of international law" up to eleven. In addition, Hon. John Bassett Moore is making a collection of all the known international arbitrations. Much of this material is now in the hands of the printer. Foreign transla- tions include a French edition of the proceedings of the Hague conferences of 1899 and 1907; a French translation of selected speeches by Elihu Root; and a Spanish edition of "Diplomatic Correspondence of the United States Concerning the Independence of Latin-American Nations," by William R. Manning.

Subventions have been granted to leading journals of international law in France, Germany, Italy and Latin-America, and to such organizations as the Grotius Society and the Societe de Legislation Comparee. Aid has also been given to help to meet the cost of publication of several important books.

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Page 4: Report of the Division of International Law of the Carnegie Endowment for International Peace

276

Among these are the lectures delivered at the Hague Academy of Interna- tional Law in 1923 and 1924, "Prize Law during the World War," by James W. Garner of the University of Illinois, and "The Law and Procedure of International Tribunals," by Jackson H. Ralston. The requests for financial aid are so numerous that the Division is able to grant only a small part of them.

A large part of the work of the Division of International Law is, and must be, highly technical, but there is no doubt, in the mind of the Director, that it bears abundant fruit in the wider fields of international cooperation and good will.

SELF-GOVERNING BAR BILL

Self-Governing Bar Bill.-An epoch in the history of California jurispru- dence was written this week, when representatives of the legal profession all over the State gathered to felicitate each other on Governor Young's signing the self-governing bar bill.

Senate Bill No. 9 introduced by Senators Frank C. Weller and H. C. Nelson made its first public appearance way back in 1921, when Joseph J. Webb of San Francisco, who has for six years carried on the work as Chair- man of the special committee to secure the bill's passage and to whose steady, consistent, untiring effort its final success is largely due, introduced it before the San Francisco Bar Association.

Basing the final amended copy of the bill on similar successful bills in the States of Alabama, North Dakota, New Mexico and Idaho, the Califor- nia State Bar Bill, embodying the best of these four, will be used as a work- ing basis in nine other States of the Union.

Mr. Kemper Campbell, President of the Los Angeles Bar Association, early unified the Southern part of the State by his advocacy of the measure which will automatically make every attorney in California a member of the State Bar. At the Capitol Mr. Campbell said today,

"This is a thoroughly considered, conservative and constructive reform measure. Under this law each member of the Bar will have a definite responsibility and a definite privilege of participation. In my opinion this is the most important feature of the act. It will result in a revival of idealism in the profession. The ,Bar will not fail to meet its obligation."

In receiving many distinguished members of the legal profession, who visited Sacramento today, Governor Young stated.

"I signed the 'State Bar Act' knowing it to be a sincere effort on the part of the legal profession of California to measure up to their responsibili- ties. I have every confidence that through this bill the Bar will succeed in greatly improving the administration of justice. If I can, at any future time, be of assistance in this regard, I shall be most happy to do so."

Replying to the Governor's address Mr. Thomas C. Ridgeway, President of the California Bar Association, stated:

"We are profoundly appreciative of your signature to this measure and the Bar welcomes the privilege of adequately meeting its obligation. Means are furnished to do efficiently what voluntary associations have heretofore unsuccessfully endeavored to accomplish, while the powers granted are sub- ject to the control by the Supreme Court. In behalf of the California Bar we thank you most sincerely."

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