CHARLES NOBLE GREGORY, Washington, D. C.

MAHLON PITNEY, Associate Justice of the Supreme Court of the United States. EUGENE WAMBAUGH, Professor of Law in Harvard Law School, Cambridge, Mass.

ANDREW D. WHITE, President Emeritus, Cornell University, Ithaca, N. Y.

SUBSECTION ON JURISPRUDENCE.

EUGENE WAMBAUGH, Professor of Law in Harvard Law School, Cambridge, Mass., Chairman.

SIMEON E. BALDWIN, formerly Chief Justice of the Supreme Court of Errors of Connecticut, New Haven, Conn.

JOSEPH H. CHOATE, formerly American Ambassador to Great Britain, New York, N. Y.

MOREFIELD STOREY, of the Massachusetts Bar, Boston, Mass.

WILLIAM H. TAFT, formerly President of the United States, New Haven, Conn. JOHN H. WIGMORE, Dean of the Law School, Northwestern University, Chicago, Ill.

68436-17-VOL VII- -2

SECOND PAN AMERICAN SCIENTIFIC CONGRESS.

AIMS AND PURPOSES.

The congress, in accordance with its high aims and purposes namely, to increase the knowledge of things American, to dissem nate and to make the culture of each American country the heritag of all American Republics, to further the advancement of science by disinterested cooperation, to promote industry, inter-American trac and commerce, and to devise the ways and means of mutual helpfu ness in these and in other respects considered the following generi program of subjects, divided into appropriate sections and su

sections.

SECTION VI.—INTERNATIONAL LAW, PUBLIC LAW, AND JURISPRUDENCE.

INTERNATIONAL LAW.

The relation of international law to national law in America countries; the study of international law in American countries ar the means by which it may be made more effective.

How can the people of the American countries best be impress with the duties and responsibilities of the State in international la Are there specific American problems of international law?

The attitude of American countries toward international arbitr tion and the peaceful settlement of international disputes.

Should international law be codified, and if so, should it be do through governmental agencies or by private scientific societies? Mission of the American Institute of International Law.

Pan Americanism in the light of the traditional internation policy of Argentina.

PUBLIC LAW.

The relation of public law to international law; the historical ev lution of public law; public law as affecting legal procedure in ei

causes.

The effect of American public law on our written constitution (a) In their bearing on the sovereignty of the State. (b) Consti

tional provisions making treaties law.

Is there an American public law that can be differentiated fr that of other continents?

The power of the President to dictate by-laws and regulations; ›residential and parliamentary government on the American contilent in State and Nation.

Criminal law and procedure with special reference to the scope and imits of jury trials and the several theories for the punishment of riminals, and differences between the criminal procedures of States ollowing the civil law and those following the common law.

JURISPRUDENCE.

Recent law reforms in the United States of America; the extraerritorial effect of criminal statutes; the international assimilation f law-its need and its possibilities from the American standpoint; udicial organization with special reference to the nomination or lection of judges; organization and functions of the minor judiiary; how lawyers of one country may be more easily and effectively ade acquainted with the laws of another country; a study in Mexian law.

RESOLUTIONS AND RECOMMENDATIONS.

The Second Pan American Scientific Congress considered and disissed the subjects set forth in its program in the light of an intelctual Pan Americanism in a series of meetings from December 27, 15, to January 8, 1916, and adopted resolutions and recommendaons, pertinent to the work of the nine main sections of the congress. The following recommendations refer to Section VI:

ARTICLE 23.

The Second Pan American Scientific Congress recommends, in der to increase the study of international law, to popularize its st principles, and to secure its observance and application in the utual relations of the Americas, that steps be taken to improve and enlarge library and reference facilities

(a) By preparing and publishing a bibliography of international w and related subjects, furnishing the names of publishers and rices, so far as these are obtainable, with special reference to the eeds of poorly endowed libraries.

(b) By preparing and publishing a carefully prepared index or gest of the various heads and subheads of international law, with ferences to standard sources of authority under each head and bhead thereof.

(c) By collecting with the aid, wherever possible, of ministries of reign affairs and publishing from official copies thus secured, in eap and convenient form, all official documents, both foreign and mestic, bearing upon international law, including therein treaties, formation relating to arbitration, announcements of national licy, and diplomatic correspondence.

(d) By issuing in the form of law reports judgments of nation courts involving questions of international law, the sentences arbitral tribunals, and the awards of mixed commissions.

ARTICLE 24.

The Second Pan American Scientific Congress is of the firm o viction that, as the idea of direct government by the people gro it becomes increasingly essential to the well-being of the world th the leaders of opinion in each community be familiar with the dat and obligations as well as with the rights of States, as recogniz in international law, and that it has become a patriotic duty rest upon our educational institutions to give as thorough and as exte sive courses as possible in international law and related subje The congress therefore recommends

I. That steps be taken to extend the study of the subject(a) By increasing the number of schools and institutions which international law and related subjects are taug (b) By increasing the number of students in attendance up the courses.

(c) By diffusing a knowledge of its principles in each Amer

Republic.

II. That a course in international law, where possible, should sist of systematic instruction during at least a full academic y divided between international law and diplomacy.

III.. That prominent experts in international law and diplomacy invited from time to time to lecture upon these subjects in the stitutions of learning of the American Republics.

ARTICLE 25.

The Second Pan American Scientific Congress, in order to p instruction in international law upon a more uniform and scier basis, recommends that

(a) In the teaching of international law emphasis be laid t the positive nature of the subject and the definiteness of the r for whether the teaching of international law be regarded as value as a disciplinary subject or from the standpoint of its imp tance in giving to the student a grasp of the rules that govern relations of nations, it is equally important that he have impre upon his mind the definiteness and positive character of the rules international law; that the teaching of international law be made the occasion for a universal peace propaganda; that the terest of the students in and their enthusiasm for the subject best be aroused by impressing upon them the evolutionary chara of the rules of international law, for through such a presentation the subject the student will not fail to see that the development

ositive rules of law governing the relations of States has contribted toward the maintenance of peace.

(b) In order to emphasize the positive character of international w the widest possible use be made of cases and the concrete facts of ternational experience, for the interest of students can best be oused when they are convinced that they are dealing with such ncrete facts, and that the marshaling of such facts in such a way to develop or illustrate general principles lends dignity to the bject, which can not help but have a stimulating influence; that ternational law should be constantly illustrated from the sources cognized as ultimate authority, such as cases both of judicial and bitral determination; treaties, protocols, acts, and declarations of och-making congresses, such as Westphalia (1648), Vienna (1815), aris (1856), The Hague (1899 and 1907), and London (1909); plomatic incidents ranking as precedents for action of an intertional character; and the great classics of international law. (c) In the teaching of international law care be exercised to disguish the accepted rules of international law from questions of ternational policy.

(d) In a general course on international law the experience of no e country be allowed to assume a consequence out of proportion the strictly international principles it may illustrate.

ARTICLE 26.

The Second Pan American Scientific Congress, in order still furr to advance the cause of international law and the development of ernational justice, recommends that a major in international law in niversity course, leading to the degree of doctor of philosophy, be lowed, if possible, by residence at The Hague in attendance upon Academy of International Law, installed in 1914 in the Peace Palin that city; and that, as no better means has been devised for ording a just appreciation of the diverse and conflicting national ws concerning international law or for developing that "interional mind" which is so essential in a teacher of that subject, as ny fellowships as possible should be established in the academy at › Hague and put at the disposition of advanced students of interional law in the different American Republics.

ARTICLE 27.

he Second Pan American Scientific Congress expresses the opinthat the present development of higher education in the AmerRepublics and the place which they have now assumed in the irs of the society of nations justify and demand that the study of science and historic applications of international law be treated plane of equality with other subjects in the curriculum of col