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ceeds eight hundred millions of dollars, even granted the manufacturers of aband the disbursements for materials, sinthe compensation, and Switzerland taxes, transportation, wages, and other reimbursed the growers of the plant objects during one year amount to from which the poison is distilled; Rusnearly the same sum. All this is exclu- sia compensated the producers of vodsive of the retail trade, the sum of whose ka upon the abolition of the state mocapital and outlay for wages, rent, and nopoly; England expropriates ancient supplies other than liquors, exceeds a rights to sell liquor for a reasonable billion dollars per year. These figures consideration; and in countries where far transcend ordinary comprehension, the underlying principle has recently and the sudden extinction of the prop- come up for discussion, as in Norway erty and employment they represent and Sweden, there appears to be no diswould plainly cause financial disturb- agreement about the equity of compenances on a scale rarely witnessed, af- sation, even for old selling privileges. fecting agriculture, commerce, indus- The United States stands alone, and, try, and banking throughout the land. may we not say, in the unenviable posi

But even if it could be shown that tion of being willing to derive a large this industry and the trade under it part of its revenue for state and Federcomprehend the sum total of the social al purposes from the liquor traffic, in and political ills from which we suffer, long years representing billions of dolthe confiscation of its property without lars, but ready to destroy by vote the compensation would lack all justifica- creature of its own protection and profit tion. The expropriation of the entire without a cent in return. The might is retail business could, of course, not be there, also the ‘legal right, but where contemplated. It is a commonplace to the justice? If the principle of confisstate that the traffic in intoxicants has cation without compensation be genernot only enjoyed the same legal sanc- ally defensible, we might, as the next tion and protection as other business, step, at the behest of Anti-Tobacco but has been utilized liberally for pur- leagues prohibit the growing, manuposes of taxation benefiting all citi- facture, and sale of tobacco, which also zens alike. No public murmur is raised form an important item of revenue to against participation in this blood the Federal government, and let those money,' and an instance is probably made to suffer bear their own losses. yet to be recorded of a prohibitionist who has refunded to the local, state, or

V national government his pro-rata share of the taxes levied on the trade, in The final element in considering the order that he may not profit in any

relation of prohibition to government sense from the iniquitous traffic. Not- is how its non-enforcement affects the withstanding all this, the ruthless de public mind. The introduction to the struction of all the property involved is first volume published by the Commitdemanded as an act of justice — or is tee of Fifty sketches this aspect of the there a motive of retribution ?

situation as follows:In other countries ethical principles "There have been concomitant evils in similar cases are followed also when of prohibitory legislation. The efforts there is no direct legal requirement to enforce it during forty years past of compensation. So far as the liquor have had some unlooked-for effects on industries themselves are concerned, public respect for courts, judicial prothere seems to be no question. France cedure, oaths, and law in general, and for officers of the law, legislators, and helplessly under such a condition; the public servants. The public have seen political parties do not heed it as they law defied, a whole generation of habi- jockey for position. But a party creed tual law-breakers schooled in evasion declaring absolute loyalty to a law and shamelessness, courts ineffective while totally indifferent to its violathrough fluctuations of policy, delays, tion in letter as well as in spirit, is no perjuries, negligences, and other mis- choicer than the party creed definitely carriages of justice, officers of the law opposed to the same law or activedouble-faced and mercenary, legisla- ly aiding its evasion. When enforcetors timid and insincere, candidates ment is made a constant issue, the infor office hypocritical and truckling, fluence upon the public is bad enough; and office-holders unfaithful to pledges but when complete apathy settles upand to reasonable public expectation. on a community, or the patrol wagon Through an agitation which has al- makes an occasional trip in search of ways had a moral end, these immorali- revenue merely, decent respect for the ties have been developed and made government has ceased. A prominent conspicuous.'

publicist and investigator said to the The day before Christmas of 1915, a writer that he had remained a stead. news dispatch was sent broadcast over fast prohibitionist for many years until the country, stating that the saloons of he lived for a while in a prohibition Portland, Maine, had been closed by state and observed the corroding effect the chief of police. No surprise was ex- on the public mind that is dominated pressed that such institutions should in all its relations to government by still exist after sixty years of prohibi- the consideration whether fundamental tion; nor was it intimated that they and statutory laws shall be honored. would be suppressed for good and all. Gravely we are told to make light of Only two questions were asked: first, such disquieting symptoms, to discount when will the dealers open again? and the aberrations of the zealots who realsecond, the more significant of the two, ly mean to vindicate pure government what is the political move behind the although their actions may seem to beorder to close? This instance is com- lie it. For when the sun of national promonplace enough, but it illustrates hibition rises it will melt away all the abundantly the demoralization that impure ice that encrusts sumptuary law seizes upon society at large when it tol- unenforced; its rays will make virtue erates such conditions.

spring up in the habitation of vice, disA community whose public policy solve all hostile opposition, and cause centres about the question whether personal and civic morality to flourish prohibition shall be enforced loses its in barren places. Does the picture alpolitical sanity. The sense of right lure by its verisimilitude, or shall we becomes warped when habitually face the pitiless facts? elections the fitness of a candidate is What the future may hold in store measured by his stand in relation to we can only forecast from the present, enforcement; and schooling in evasion and so far, unfortunately, the promises and hypocrisy becomes an equipment of prohibition have far outstripped for public affairs. Disrespect for public performance. Some day, no doubt, soservice, all too frequent in American ciety will be ready for measurement by life, augments ten-fold, and low stan- new standards; but until then progress dards are taken for granted.

is not made by adding new evils to High-minded individuals may writhe those that now burden us.

GERMAN PROPAGANDA IN THE UNITED STATES

BY GUSTAVUS OHLINGER

barian conquest so thorough. The I

Roman provincials were all but exter“The power of the Parthians was not minated, Roman civilization obliterso formidable as German liberty,' ex- ated. Nor did Rome ever succeed, as claims the greatest of Roman histo-, on the continent, in casting the spell of rians in concluding his description of her political, religious, or intellectual the Teutonic nations. A semi-nomadic empire over these conquerors. English people, organized by tribes and com- history - which in its broad aspects munities under leaders chosen for their includes the history of the American birth, popularity, and military prowess; people— begins with the Anglo-Saxon living in scattered dwellings, for they conquest, and throughout its course is despised cities and would not allow a essentially the record of the struggle, continuity of houses; honoring the vir- at times against foreign or reactionary tụe of their women; recognizing as law kings, at other times against particular their inherited customs, which were interests, for the preservation and debinding upon kings and freemen alike; velopment of the institutions and ideals trying offenders before members of the which so profoundly impressed the tribe; deciding important matters and Roman historians. The Germanic asenacting laws for their princes in the sembly became the prototype of the public assembly where not even kings Witenagemot; the Witenagemot, after were permitted to command, but only a long struggle with the Norman kings, to persuade; jealous of their personal emerged as the Parliament, and on this independence to the extent of laxity in side of the Atlantic came to be known their attendance, for too great punctu- as Congress and State Legislature. The ality might savor of servility; carrying right of the people to choose the sovtheir weapons wherever they went, for ereign was vindicated by the Bill of arms were the badge of liberty and Rights, and again by the Act of Setcitizenship; accompanied in their wars tlement which brought the Hanoverian by their women and children, the dar- kings to England. From the conception ling witnesses of their conduct and the of law as the growth of the free cusapplauders of their valor — such were toms of the people developed the great the people who, even when defeated, body of the English Common Law, a shook the Roman power. “We have law supreme over sovereign as well triumphed,' says Tacitus, 'and Ger- as subject, which Anglo-Saxons have many is still unconquered.'

carried as a treasured inheritance into The successive bands of Jutes, Sax- every part of the world, and which ons, and Angles, who overwhelmed they have made the basic law of most Britain in the fifth and sixth centuries, of the American commonwealths. The brought with them this Germanic in- self-reliant warriors of Tacitus are reheritance. Nowhere else was the bar- flected in the constitutional amendment declaring that the right of the and in 1495 it was formally adopted people to keep and bear arms shall not as the law of the Empire. Long before be infringed; the intense individualism this the tribal organization had given which he described finds expression ir way to the feudal system, and, as the the guaranties of religious freedom, of power of the Emperors grew weaker freedom of speech and of the press, of in the struggle with the Papacy, the the right to assemble and petition, of nobles seized upon every prerogative security of life, liberty and property, which the successors of the Cæsars lost. and of many other rights, which have By the Peace of Westphalia most of been claimed, reaffirmed, and em- them gained the formal recognition of phasized in a long line of charters and their territorial independence and sovdeclarations extending from Magna ereignty, and to these were added a Carta to the Fifteenth Amendment. swarm of knights of the Empire who While repudiating the divine right of exercised a more or less capricious lordkings, the Anglo-Saxon people have ship over the peasantry, the villagers, steadily aimed to realize the divine and the despised Jews. In the twelfth right of man.

century the Germans pushed across To this history the kindred people the Elbe, and farther to the East the who remained in the ancestral home on Teutonic Order established its milithe banks of the Rhine, the Elbe, and tary supremacy over the heathen, nonin Schleswig offer no parallel. In fact, German Prussians. the direction of their development di- In all this territory, comprising two verged sharply from the time when fifths of modern Germany, there was a the progenitors of the modern Anglo- mingling of Germanic and Slavic blood Saxons took their departure. They set- which may account, partly, for the tled largely among the Roman provin- special apathy of Prussians toward Gercials. The invaders brought with them manic ideals of freedom. By the end of their native law, the Romans remained the eighteenth century the habit of subsubject, as before, to the Corpus Juris. jection had become fixed. The lords of The influence of the Church was such Hesse-Cassel, Brunswick, and Hesseas gradually to efface the memory of Hanau complacently drove a bargain Germanic institutions. Charlemagne, in human chattels with George III whom Germans to-day are proud to himself by descent, inheritance, and hail as the first Kaiser, well-nigh exter- every instinct a German princeling minated the Saxon tribes who dwelt and sent twenty-nine thousand of their between the Rhine and the Elbe, and subjects to subjugate the American coloverthrew the Irmensäule - said by onies. The work of the Peoples' Parsome to commemorate the victory of liament in Prussia was frustrated by Arminius over Varus. The Holy Ro- the refusal of the King to recognize man Empire drew the Germanic races his subjects in the preamble of the promore and more under the spell of the posed constitution, and the members ancient civilization. During the Ho- were forcibly dispersed. The Frankfurt henstaufen rule Roman law gained the Parliament drafted an imperial constiascendancy. In making the sovereign tution, including in it a Bill of Rights, the source of law, and in placing him offered the German crown to the Prusabove the law, in inculcating an atti- sian King, and as a reward was tude of subjection and respect for pre- hounded into obloquy. In ignominy rogative, it offered advantages which ended these feeble efforts of the Gerthe princes were glad to appropriate, man people to accomplish something politically for themselves. The future The political apostasy of the German developments were the work of the people and the eclectic attitude of the princes, and resulted in giving to Prus- American mind made sympathetic insia a sham constitution, and in bestow- tercourse mutually desirable, and in no ing upon the Empire an organic law way could American citizens of Gerwhich, while it carefully prescribed the man birth have better served both model for military uniforms, overlook- their native and their adoptive lands ed rights of person and of property, and than by mediating between the disprovided an appointive federal council tinctive habits of thought which they which, under the scheme arranged, can presented. To do this required comnullify every act of the lower house. plete sympathy with our institutions,

Under this régime the Germanic an understanding of American history, birth-right of independence and indi- and an appreciation of the political vidual initiative has been contentedly inheritance which came to us through bartered away for workmen's pensions England. As natural heirs to the best and insurance, and for petty employ that the Fatherland has produced in ment in a widely ramified bureaucracy, culture and in human character, and until the ancient spirit of the race finds as the legatees of Anglo-Saxon freedom, only a hollow mockery in the action of it was their high privilege to reunite the Social Democrats, who leave the through mutual understanding the Reichstag in a body when the cheers long-separated branches of the Gerfor the Emperor are announced. The manic family. This was the mission of rights of man have vanished before the the German element in the United divine right of the State, and the divine States. right of the State is personified in the King and Emperor.

Let this not be understood as a glori- The incentive which brought the fication of Anglo-Saxon democracy, for Pilgrims to New England also inspired that is still in the making. Though we the German immigrations of the sevenhave liberty, we have not yet learned teenth and eighteenth centuries. In to curb the abuse of liberty by the 1677 William Penn visited the Pietists cunning, nor the misuse of it by the of Frankfurt-on-the-Main. The desire incompetent. Nor is it the intention of to escape the persecutions of the state this article to disparage the great work church led to the settlement by memof German philosophers, poets, artists, bers of this sect of Germantown, Pennscientists, and musicians, or even the sylvania, in 1683. Other sects - the products of present-day German ma- Moravians, Mennonites, Lutherans, terialism. The outstanding fact is that, Dunkers — followed. The same ideal having from a common origin reached was the impelling motive for all these opposite extremes of political freedom to worship after the dictates development, no nations had more to of their own consciences. They were learn from each other than had the An- quickly converted to the political thinkglo-Saxon nations - England and the ing of their Anglo-Saxon neighbors and United States and Germany.

bore an honorable part in the RevoluThe dying Faust sees his highest tionary War. They and their descendideals realized on a free soil and among ants became Americans in every sense a free people:

of the word. Freedom alone he earns as well as life

The high tides of German immigraWho day by day must conquer them anew. tion during the first seventy years of

II

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