Chapter XXI: Preface: To the Seventh Volume (20)

(3) Such administrator shall hold office for a term of five
years and shall not be removed before the expiration thereof
except by the Governor-General in Council for cause assigned,
which shall be communicated by message to both Houses of
Parliament within one week after the removal, if Parliament be
then sitting, or, if Parliament be not sitting, then within
one week after the commencement of the next ensuing session.

(4) The Governor-General in Council may from time to time
appoint a deputy administrator to execute the office and
functions of the administrator during his absence, illness, or
other inability.

69. The salaries of the administrators shall be fixed and
provided by Parliament, and shall not be reduced during their
respective terms of office.

{162}

PROVINCIAL COUNCILS.

70.—
(1) There shall be a provincial council in each province
consisting of the same number of members as are elected in the
province for the House of Assembly: Provided that, in any
province whose representatives in the House of Assembly shall
be less than twenty-five in number, the provincial council
shall consist of twenty-five members.

(2) Any person qualified to vote for the election of members
of the provincial council shall be qualified to be a member of
such council.

[Sections 71-77 are regulative of the elections, the terms
(three years), and the sittings of the Provincial Councils.

Sections 78-84 are creative of Executive Committees, for which
each Provincial Council shall elect "from among its members,
or otherwise," four persons, to be joined with the
administrator of the Province, the latter being chairman of
the Executive Committee thus constituted. This Committee, "on
behalf of the Provincial Council," being appointed to "carry
on the administration of provincial affairs," and, "subject to
the provisions of this Act," to be invested with "all powers,
authorities, and functions which at the establishment of the
Union are vested in or exercised by the Governor in Council,
or any minister of the Colony."]

POWERS OF PROVINCIAL COUNCILS.

85. Subject to the provisions of this Act and the assent of
the Governor-General in Council as hereinafter provided, the
provincial council may make ordinances in relation to matters
coming within the following classes of subjects (that is to
say):—

(i) Direct taxation within the province in order to raise a
revenue for provincial purposes:

(ii) The borrowing of money on the sole credit of the province
with the consent of the Governor-General in Council and in
accordance with regulations to be framed by Parliament:

(iii) Education, other than higher education, for a period of
five years and thereafter until Parliament otherwise provides:

(iv) Agriculture to the extent and subject to the conditions
to be defined by Parliament:

(v) The establishment, maintenance, and management of
hospitals and charitable institutions:

(vi) Municipal institutions, divisional councils, and other
local institutions of a similar nature:

(vii) Local works and undertakings within the province, other
than railways and harbours and other than such works as extend
beyond the borders of the province, and subject to the power
of Parliament to declare any work a national work and to
provide for its construction by arrangement with the
provincial council or otherwise:

(viii) Roads, outspans, ponts, and bridges, other than bridges
connecting two provinces:

(ix) Markets and pounds:

(x) Fish and game preservation:

(xi) The imposition of punishment by fine, penalty, or
imprisonment for enforcing any law or any ordinance of the
province made in relation to any matter coming within any of
the classes of subjects enumerated in this section:

(xii) Generally all matters which, in the opinion of the
Governor-General in Council, are of a merely local or private
nature in the province:

(xiii) All other subjects in respect of which Parliament shall
by any law delegate the power of making ordinances to the
provincial council.

[Sections 86-93 are regulative of the exercise of the powers
thus conferred.]

94. The seats of provincial government shall be—
For the Cape of Good Hope, Cape Town;
for Natal, Pietermaritzburg;
for the Transvaal, Pretoria;
for the Orange Free State, Bloemfontein.

VI.—THE SUPREME COURT OF SOUTH AFRICA.

95. There shall be a Supreme Court of South Africa consisting
of a Chief Justice of South Africa, the ordinary judges of
appeal, and the other judges of the several divisions of the
Supreme Court of South Africa in the provinces.

96. There shall be an Appellate Division of the Supreme Court
of South Africa, consisting of the Chief Justice of South
Africa, two ordinary judges of appeal, and two additional
judges of appeal. Such additional judges of appeal shall be
assigned by the Governor-General in Council to the Appellate
Division from any of the provincial or local divisions of the
Supreme Court of South Africa, but shall continue to perform
their duties as judges of their respective divisions when
their attendance is not required in the Appellate Division.

97. The Governor-General in Council may, during the absence,
illness, or other incapacity of the Chief Justice of South
Africa, or of any ordinary or additional judge of appeal,
appoint another judge of the Supreme Court of South Africa to
act temporarily as such chief justice, ordinary judge of
appeal, or additional judge of appeal, as the case may be.

98.—
(1) The several supreme courts of the Cape of Good Hope,
Natal, and the Transvaal, and the High Court of the Orange
River Colony shall, on the establishment of the Union, become
provincial divisions of the Supreme Court of South Africa
within their respective provinces, and shall each be presided
over by a judge-president.

[Further prescriptions on the same subject are contained in
this and the next section of the Act.]

100. The Chief Justice of South Africa, the ordinary judges of
appeal, and all other judges of the Supreme Court of South
Africa to be appointed after the establishment of the Union
shall be appointed by the Governor-General in Council, and
shall receive such remuneration as Parliament shall prescribe,
and their remuneration shall not be diminished during their
continuance in office.

101. The Chief Justice of South Africa and other judges of the
Supreme Court of South Africa shall not be removed from office
except by the Governor-General in Council on an address from
both Houses of Parliament in the same session praying for such
removal on the ground of misbehaviour or incapacity.

102. Upon any vacancy occurring in any division of the Supreme
Court of South Africa, other than the Appellate Division, the
Governor-General in Council may, in case he shall consider
that the number of judges of such court may with advantage to
the public interest be reduced, postpone filling the vacancy
until Parliament shall have determined whether such reduction
shall take place.

[Rules concerning the cases, civil and criminal, which may be
appealed from inferior courts to the Appellate Division, and
not to the Supreme Court, are laid down in sections 103-105.]

{163}

106. There shall be no appeal from the Supreme Court of South
Africa or from any division thereof to the King in Council,
but nothing herein contained shall be construed to impair any
right which the King in Council may be pleased to exercise to
grant special leave to appeal from the Appellate Division to
the King in Council. Parliament may make laws limiting the
matters in respect of which such special leave may be asked,
but Bills containing any such limitation shall be reserved by
the Governor-General for the signification of His Majesty’s
pleasure: Provided that nothing in this section shall affect
any right of appeal to His Majesty in Council from any
judgment given by the Appellate Division of the Supreme Court
under or in virtue of the Colonial Courts of Admiralty Act,
1890.

107. The Chief Justice of South Africa and the ordinary judges
of appeal may, subject to the approval of the Governor-General
in Council, make rules for the conduct of the proceedings of
the Appellate Division and prescribing the time and manner of
making appeals thereto. Until such rules shall have been
promulgated, the rules in force in the Supreme Court of the
Cape of Good Hope at the establishment of the Union shall
mutatis mutandis apply.

[Other details concerning the rules and the sessions of the
several provincial and local divisions of the Supreme Court,
the execution of their writs and other processes, etc., are
set forth in sections 108-116.]

VII.—FINANCE AND RAILWAYS.

117. All revenues, from whatever source arising, over which
the several Colonies have at the establishment of the Union
power of appropriation, shall vest in the Governor-General in
Council. There shall be formed a Railway and Harbour Fund,
into which shall be paid all revenues raised or received by
the Governor-General in Council from the administration of the
railways, ports, and harbours, and such fund shall be
appropriated by Parliament to the purposes of the railways,
ports, and harbours in the manner prescribed by this Act.
There shall also be formed a Consolidated Revenue Fund, into
which shall be paid all other revenues raised or received by
the Governor-General in Council, and such fund shall be
appropriated by Parliament for the purposes of the Union in
the manner prescribed by this Act, and subject to the charges
imposed thereby.

[Sections 118-123 provide for a commission "to institute an
inquiry into the financial relations which should exist
between the Union and the provinces"; prescribe the division
to be made meantime of the Consolidated Revenue Fund; make the
interest of the public debts a first charge on that fund;
transfer to the Union all stocks, moneys, and securities, all
crown lands, public works, etc., and all rights in mines and
minerals that belonged to each of the colonies at the
establishment of the Union.]

124. The Union shall assume all debts and liabilities of the
Colonies existing at its establishment, subject,
notwithstanding any other provision contained in this Act, to
the conditions imposed by any law under which such debts or
liabilities were raised or incurred, and without prejudice to
any rights of security or priority in respect of the payment
of principal, interest, sinking fund, and other charges
conferred on the creditors of any of the Colonies, and may,
subject to such conditions and rights, convert, renew, or
consolidate such debts.

125. All ports, harbours, and railways belonging to the
several Colonies at the establishment of the Union shall from
the date thereof vest in the Governor-General in Council. No
railway for the conveyance of public traffic, and no port,
harbour, or similar work, shall be constructed without the
sanction of Parliament.

126. Subject to the authority of the Governor-General in
Council, the control and management of the railways, ports,
and harbours of the Union shall be exercised through a board
consisting of not more than three commissioners, who shall be
appointed by the Governor-General in Council, and a minister
of State, who shall be chairman. …

[Of the remaining sections of the Act (127-152) the following
are the more important or the more significant.]

133. In order to compensate Pietermaritzburg and Bloemfontein
for any loss sustained by them in the form of diminution of
prosperity or decreased rateable value by reason of their
ceasing to be the seats of government of their respective
colonies, there shall be paid from the Consolidated Revenue
Fund for a period not exceeding twenty-five years to the
municipal councils of such towns a grant of two per centum per
annum on their municipal debts, as existing on the
thirty-first day of January nineteen hundred and nine, and as
ascertained by the Controller and Auditor-General. The
Commission appointed under section one hundred and eighteen
shall, after due inquiry, report to the Governor-General in
Council what compensation should be paid to the municipal
councils of Cape Town and Pretoria for the losses, if any,
similarly sustained by them. Such compensation shall be paid
out of the Consolidated Revenue Fund for a period not
exceeding twenty-five years, and shall not exceed one per
centum per annum on the respective municipal debts of such
towns as existing on the thirty-first January nineteen hundred
and nine, and as ascertained by the Controller and
Auditor-General.

134. The election of senators and of members of the executive
committees of the provincial councils as provided in this Act
shall, whenever such election is contested, be according to
the principle of proportional representation, each voter
having one transferable vote. The Governor-General in Council,
or, in the case of the first election of the Senate, the
Governor in Council of each of the Colonies, shall frame
regulations prescribing the method of voting and of
transferring and counting votes and the duties of returning
officers in connection therewith, and such regulations or any
amendments thereof after being duly promulgated shall have
full force and effect unless and until Parliament shall
otherwise provide.

136. There shall be free trade throughout the Union, but until
Parliament otherwise provides the duties of custom and of
excise leviable under the laws existing in any of the Colonies
at the establishment of the Union shall remain in force.

137. Both the English and Dutch languages shall be official
languages of the Union, and shall be treated on a footing of
equality, and possess and enjoy equal freedom, rights, and
privileges; all records, journals, and proceedings of
Parliament shall be kept in both languages, and all Bills,
Acts, and notices of general public importance or interest
issued by the Government of the Union shall be in both
languages.

{164}

138. All persons who have been naturalised in any of the
Colonies shall be deemed to be naturalised throughout the
Union.

140. Subject to the provisions of the next succeeding section,
all officers of the public service of the Colonies shall at
the establishment of the Union become officers of the Union.

141.
(1) As soon as possible after the establishment of the Union,
the Governor-General in Council shall appoint a public service
commission to make recommendations for such reorganisation and
readjustment of the departments of the public service as may
be necessary. The commission shall also make recommendations
in regard to the assignment of officers to the several
provinces. …

142. After the establishment of the Union the Governor-General
in Council shall appoint a permanent public service commission
with such powers and duties relating to the appointment,
discipline, retirement, and superannuation of public officers
as Parliament shall determine.

143. Any officer of the public service of any of the Colonies
at the establishment of the Union who is not retained in the
service of the Union or assigned to that of a province shall
be entitled to receive such pension, gratuity, or other
compensation as he would have received in like circumstances
if the Union had not been established.

147. The control and administration of native affairs and of
matters specially or differentially affecting Asiastics
throughout the Union shall vest in the Governor-General in
Council, who shall exercise all special powers in regard to
native administration hitherto vested in the Governors of the
Colonies or exercised by them as supreme chiefs, and any lands
vested in the Governor or Governor and Executive Council of
any colony for the purpose of reserves for native locations
shall vest in the Governor-General in Council, who shall
exercise all special powers in relation to such reserves as
may hitherto have been exercisable by any such Governor or
Governor and Executive Council, and no lands set aside for the
occupation of natives which cannot at the establishment of the
Union be alienated except by an Act of the Colonial
Legislature shall be alienated or in any way diverted from the
purposes for which they are set apart except under the
authority of an Act of Parliament.

148.—
(1) All rights and obligations under any conventions or
agreements which are binding on any of the Colonies shall
devolve upon the Union at its establishment.

(2) The provisions of the railway agreement between the
Governments of the Transvaal, the Cape of Good Hope, and
Natal, dated the second of February, nineteen hundred and
nine, shall, as far as practicable, be given effect to by the
Government of the Union.

IX.—NEW PROVINCES AND TERRITORIES.

149. Parliament may alter the boundaries of any province,
divide a province into two or more provinces, or form a new
province out of provinces within the Union, on the petition of
the provincial council of every province whose boundaries are
affected thereby.

150. The King, with the advice of the Privy Council, may on
addresses from the Houses of Parliament of the Union admit
into the Union the territories administered by the British
South Africa Company on such terms and conditions as to
representation and otherwise in each case as are expressed in
the addresses and approved by the King, and the provisions of
any Order in Council in that behalf shall have effect as if
they had been enacted by the Parliament of the United Kingdom
of Great Britain and Ireland.

151. The King, with the advice of the Privy Council, may, on
addresses from the Houses of Parliament of the Union, transfer
to the Union the government of any territories, other than the
territories administered by the British South Africa Company,
belonging to or under the protection of His Majesty, and
inhabited wholly or in part by natives, and upon such transfer
the Governor-General in Council may undertake the government
of such territory upon the terms and conditions embodied in
the Schedule to this Act.

X.—AMENDMENT OF ACT.

152. Parliament may by law repeal or alter any of the
provisions of this Act: Provided that no provision thereof,
for the operation of which a definite period of time is
prescribed, shall during such period be repealed or altered:
And provided further that no repeal or alteration of the
provisions contained in this section, or in sections
thirty-three and thirty-four (until the number of members of
the House of Assembly has reached the limit therein
prescribed, or until a period of ten years has elapsed after
the establishment of the Union, whichever is the longer
period), or in sections thirty-five and one hundred and
thirty-seven, shall be valid unless the Bill embodying such
repeal or alteration shall be passed by both Houses of
Parliament sitting together, and at the third reading be
agreed to by not less than two-thirds of the total number of
members of both Houses. A Bill so passed at such joint sitting
shall be taken to have been duly passed by both Houses of
Parliament.

SCHEDULE.

1. After the transfer of the government of any territory
belonging to or under the protection of His Majesty, the
Governor-General in Council shall be the legislative
authority, and may by proclamation make laws for the peace,
order, and good government of such territory: Provided that
all such laws shall be laid before both Houses of Parliament
within seven days after the issue of the proclamation or, if
Parliament be not then sitting, within seven days after the
beginning of the next session, and shall be effectual unless
and until both Houses of Parliament shall by resolutions
passed in the same session request the Governor-General in
Council to repeal the same, in which case they shall be
repealed by proclamation.

2. The Prime Minister shall be charged with the administration
of any territory thus transferred, and he shall be advised in
the general conduct of such administration by a commission
consisting of not fewer than three members with a secretary,
to be appointed by the Governor-General in Council, who shall
take the instructions of the Prime Minister in conducting all
correspondence relating to the territories, and shall also
under the like control have custody of all official papers
relating to the territories.

{165}

3. The members of the commission shall be appointed by the
Governor-General in Council, and shall be entitled to hold
office for a period of ten years, but such period may be
extended to successive further terms of five years. …

14. It shall not be lawful to alienate any land in Basutoland
or any land forming part of the native reserves in the
Bechuanaland protectorate and Swaziland from the native tribes
inhabiting those territories.

15. The sale of intoxicating liquor to natives shall be
prohibited in the territories, and no provision giving
facilities for introducing, obtaining, or possessing such
liquor in any part of the territories less stringent than
those existing at the time of transfer shall be allowed.

16. The custom, where it exists, of holding pitsos or other
recognised forms of native assembly shall be maintained in the
territories.

17. No differential duties or imposts on the produce of the
territories shall be levied. The laws of the Union relating to
customs and excise shall be made to apply to the territories.

18. There shall be free intercourse for the inhabitants of the
territories with the rest of South Africa subject to the laws,
including the pass laws, of the Union.

19. Subject to the provisions of this Schedule, all revenues
derived from any territory shall be expended for and on behalf
of such territory. …

----------CONSTITUTION OF SOUTH AFRICA: End--------

----------CONSTITUTION OF TURKEY: Start--------

CONSTITUTION OF TURKEY.

The following is a synopsis of the Constitution promulgated
December 23, 1876, the first year of the reign of Abd-ul
Hamid, then soon withdrawn, and practically forgotten for
thirty-two years, but brought to light by the revolution of
1908 and promulgated anew, on the 24th of July in that
memorable year;

See, in this Volume,
TURKEY: A. D. 1908 (JULY-DECEMBER):

THE INDIVISIBILITY OF THE OTTOMAN EMPIRE.

The Sultan, the supreme Caliph of the Mussulmans and sovereign
of all Ottoman subjects, is irresponsible and inviolable. His
prerogatives are those of the constitutional sovereigns of the
West. The subjects of the empire are called, without
distinction, Ottomans. Individual liberty is inviolable, and
is guaranteed by the laws.

Islamism is the religion of the state, but the free exercise
of all recognized creeds is guaranteed, and the religious
privileges of the communities are maintained. No provision
investing the institutions of the state with a theocratic
character exists in the constitution.

The constitution establishes liberty of the press, the right
of petition to both chambers for all Ottomans, liberty of
education, and the equality of all Ottomans before the law.
They all enjoy the same rights, and have the same duties
toward the country. Ottoman subjects, without distinction of
religion, are admitted to the service of the state. Taxation
will be equally distributed; property is guaranteed, and the
domicile is declared inviolable. No person can be taken from
the jurisdiction of his natural judges.

The Council of Ministers will deliberate under the presidency
of the Grand-Vizier. Each minister is responsible for the
conduct of the affairs of his department. The Chamber of
Deputies may demand the impeachment of the ministers, and a
high court is instituted to try them. In the event of the
Chamber adopting a vote hostile to the ministry on any
important question, the Sultan will change the ministers or
dissolve the Chamber. The ministers are entitled to be present
at the sittings of both Chambers, and to take part in the
debates. Interpellations may be addressed to the ministers.
Public functionaries will be appointed in conformity with the
conditions fixed by law, and cannot be dismissed without legal
and sufficient cause. They are not discharged from
responsibility by any orders contrary to law which they may
receive from a superior.

The General Assembly of the Ottomans is composed of two
Chambers, the Senate and the Chamber of Deputies, who will
meet on the 1st of November in each year, the session lasting
four months. A message from the Sultan will be sent to both
Chambers at the opening of each session. The members of both
Chambers are free with regard to their vote and in the
expression of their opinions. Electors are prohibited from
imposing binding engagements upon their representatives. The
initiative in proposing laws belongs in the first place to the
ministry, and next to the Chambers, in the form of
propositions. Laws must be first submitted to the Chamber of
Deputies, then to the Senate, and finally to the imperial
sanction. The Senate is composed of members nominated by the
Sultan and chosen from among the most eminent personages in
the country. The Senate votes the laws already passed by the
Chamber of Deputies, and returns to the latter, or rejects,
any provisions contrary to the constitution or to the
integrity or safety of the state. In the event of a
dissolution of the Chamber of Deputies, the general election
shall be held and the new Chamber meet within six months from
the date of dissolution. The sittings of the Chamber of
Deputies are public. The deputies may not be arrested or
prosecuted during the session without authority from the
Chamber. The Chamber votes the laws article by article, and
the budget by chapters. There is to be one deputy for every
fifty thousand inhabitants, and the elections will be made by
secret ballot. A special law will determine the mode of
election. The mandate of a deputy will render him ineligible
for any public office, except for a ministry. Each legislature
will continue for a period of four years. The deputies will
receive 4,600 francs for every session, which will last from
November to March. The senators are appointed for life by the
Sultan, and will receive 2,300 francs monthly. Judges are
irremovable.

The sittings of the tribunals are public. The advocates
appearing for defendants are free. Sentences may be published.
No interference can be permitted in the administration of
justice. The jurisdiction of the tribunals will be exactly
defined. Any exceptional tribunals or commissions are
prohibited. The office of Public Prosecutor is created. The
High Court, which will try ministers, members of the Court of
Cassation, and other persons charged with the crime of _lese
Majeste_, or of conspiracy against the state, will be
composed of the most eminent judicial and administrative
functionaries.

No tax can be established or levied except by virtue of a law.
The budget will be voted at the commencement of each session,
and for a period of one year only. The final settlement of the
budget for the preceding year will be submitted to the Chamber
of Deputies in the form of a bill. The Court of Accounts will
send every year to the Chamber of Deputies a report upon the
state of public accounts, and will present to the Sultan,
quarterly, a statement showing the financial condition of the
country. The members of the Court of Accounts are irremovable.
No dismissal can take place except in consequence of a
resolution adopted by the Chamber of Deputies.

{166}

The provincial administration is based upon the broadest
system of decentralization. The Councils-General, which are
elective, will deliberate upon and control the affairs of the
province. Every canton will have a council, elected by each of
the different communities, for the management of its own
affairs. The communes will be administered by elective
municipal councils. Primary education is obligatory.

The interpretation of the laws belongs, according to their
nature, to the Court of Cassation, the Council of State, and
the Senate.

The constitution can only be modified on the initiative of the
ministry, or of either of the two Chambers, and by a vote of
both Chambers, passed by a majority of two-thirds. Such
modification must also be sanctioned by the Sultan.

_Appletons' Annual Cyclopaedia, 1876,
pages 773-774._

See amendments, in this Volume, under
TURKEY: A. D. 1909 (APRIL-DECEMBER).

----------CONSTITUTION OF TURKEY: End--------

CONSTITUTION OF THE UNITED STATES:
Proposed Income Tax Amendment.

See (in this Volume)
UNITED STATES: A. D. 1909 (JULY).

CONSTITUTION OF VENEZUELA, New.

See (in this Volume)
VENEZUELA: A. D. 1904.

CONSTITUTION, A World:
The Making of it in Process.

See (in this Volume)
WORLD MOVEMENTS.

CONSTITUTION ISLAND.

"In the Hudson River opposite West Point lies Constitution
Island. It is a wood-covered tract of nearly three hundred
acres, and for many years it has been coveted by the
authorities of the Military Academy and the War Department.
Its owner, Miss Anna Bartlett Warner, was always willing to
sell to the Government, but Congress could never be induced to
make the necessary appropriation for its purchase. Now Mrs.
Russell Sage has joined with Miss Warner in making a gift of
the island to the Nation, to be used as a part of the military
reservation at West Point."

_The Outlook,
September 19, 1908._

CONSTITUTION-MAKING, and Unmaking, in Servia.

See (in this Volume)
BALKAN AND DANUBIAN STATES: SERVIA.

CONSTITUTIONAL DEMOCRATS.

See (in this Volume)
RUSSIA: A. D. 1905-1907, and 1906 and 1907.

CONSULAR SERVICE, The Reform of the American.

See (in this Volume)
CIVIL SERVICE REFORM: UNITED STATES: A. D. 1906-1909.

CONSUMPTION.

See (in this Volume)
PUBLIC HEALTH: TUBERCULOSIS.

CONVICT LEASE SYSTEM:
Its abolition in Georgia.

See (in this Volume)
CRIME AND CRIMINOLOGY.

COOK, Frederick A.:
Claimant of North Pole discovery.

See (in this Volume)
POLAR EXPLORATION.

COOLEY, Dr. Harris R.:
Director of Charities and Corrections, Cleveland, Ohio.

See (in this Volume)
CRIME AND CRIMINOLOGY.

COÖPERATION, Industrial and Commercial.

See (in this Volume)
LABOR REMUNERATION.

COPENHAGEN: A. D. 1906.
Conference of the International Woman Suffrage Alliance.

See (in this Volume)
ELECTIVE FRANCHISE: WOMAN SUFFRAGE.

COPYRIGHT:
The new Law in the United States.

"To the general surprise, the new copyright bill slipped
through both houses of Congress yesterday [March 3, 1909]. It
consists of one complete and consistent copyright statute, in
sixty four sections. The term of copyright is lengthened. The
bill leaves the present first term of twenty-eight years
unchanged, but provides for a renewal term of twenty-eight
years instead of fourteen, thus making possible a period of
protection of fifty-six years from the publication of the
work. The bill also provides for the extension of subsisting
copyrights upon the same basis.

"Copyright may now be secured for all the ‘writings’ of an
author, using the constitutional expression. In enumerating
and classifying works protected by copyright, the bill is more
explicit than the present statutes, and adds the following new
designations: ‘Lectures, sermons, and addresses, prepared for
oral delivery’; ‘dramatico-musical compositions’; ‘plastic
works of a scientific or technical character’; ‘reproductions
of a work of art,’ and ‘ prints and pictorial illustrations,’
in lieu of ‘engravings,’ ‘cuts,’ and ‘chromos,’ and ‘works of
art’ instead of the present specific designations, ‘painting,’
‘drawings,’ ‘statue,’ and ‘statuary.’ Express provision is
made that compilations, abridgments, adaptations,
arrangements, dramatizations, or translations and works
republished with new matter shall be considered new works
subject to copyright.

"As regards a musical work, the bill provides, as does the
present law, that the author shall have the sole right to
perform the work publicly for profit, but adds the sole right
‘to make any arrangement or setting of it or of the melody of
it in any system of notation or any form of record from which
it may be read or reproduced.’ The composer’s control of the
reproduction of his music by mechanical instruments is
qualified as follows:

(a) to cover only music published and copyrighted after the
act goes into effect;

(b) not to include music by a foreign author or composer
unless the foreign state or nation of which he is a subject
grants to citizens of the United States similar rights;

(c) whenever the owner of a musical copyright has used or
permitted or acquiesced in the use of his work upon parts of
instruments serving to reproduce mechanically the musical
work, any other person may make similar use of the work upon
the payment of a royalty of two cents on each part
manufactured, notice to be filed in the copyright office of
such use or license to use by the copyright proprietor.

"American manufacture is required in the case of a book, not
only as regards type-setting in the United States, but ‘if the
text be produced by lithographic or photo-engraving process,
then by a process wholly performed within the limits of the
United States.’ The provision is also extended to
illustrations within a book, and to separate lithographs and
photo engravings, ‘except where in either case the subjects
represented are located in a foreign country.’ The printing
and binding of the book must also be performed within the
United States.
{167}
Photographs are released from the present requirement that
they ‘shall be printed from negatives made within the United
States or from transfers made therefrom.’ The ‘original text
of a book of foreign origin in a language or languages other
than English ’ is also excepted from the requirements of
type-setting in the United States. A new _ad interim_
protection is given books printed abroad in the English
language. If one complete copy of such book is deposited in the
copyright office not later than thirty days after publication
abroad, copyright is granted for a period of thirty days from
the date of receipt of the copy. If an authorized edition of
the book is produced from type set in the United States during
this second thirty days, the full term of copyright is
secured.

"The much discussed provisions prohibiting the importation of
copyrighted books are considerably modified. The importation
of piratical copies of any work copyrighted is prohibited, and
the importation of any books, '_although authorized by the
author or proprietor_,’ which have not been produced in
accordance with the manufacturing provisions, is prohibited.
The Act of 1891 permits importation of books in 'the case of
persons purchasing for use and not for sale, who import,
subject to the duty thereon, not more than _two_ copies
of such book at any one time.’ The new law permits
importation, ‘not more than _one_ copy at one time, for
individual use, and not for sale,’ and adds the proviso that
‘such privilege of importation shall not extend to a foreign
reprint of a book by an American author copyrighted in the
United States.’ The Act of 1891 allows importation in good
faith for the use of societies _incorporated_ or
established for educational, philosophical, literary, or
religious purposes, or for the encouragement of the fine arts,
or for any college, academy, school, or seminary of learning.
The new law confines the privilege to incorporated societies
or institutions, but adds scientific societies and ‘any State,
school, college, university, or free public library’; but
while the Act of 1891 permits ‘_two_ copies in any one
invoice’ to be so imported, the new law provides for ‘not more
than _one_ copy of any such book in one invoice’ when
‘for use and not for sale.’

"In the case of infringement, an injunction may issue, as now,
and damages be recovered as well as all the profits due to the
infringement."

_New York Evening Post,
March 4, 1909._

COPYRIGHT:
Pan-American Convention.

See (in this Volume)
AMERICAN REPUBLICS.

CORINTO, Treaty of.

See (in this Volume)
WAR, THE REVOLT AGAINST: A. D. 1902: CENTRAL AMERICA.

CORPORATE WRONGDOING:
Summary of recent Governmental Action against it in the
United States.

See (in this Volume)
COMBINATIONS, INDUSTRIAL: UNITED STATES: A. D. 1901-1906.

CORPORATION TAX, United States.

See (in this Volume)
TARIFFS: UNITED STATES.

CORPORATIONS:
Forbidden to contribute to Political Elections.

See (in this Volume)
UNITED STATES: A. D. 1907 (JANUARY).

CORPORATIONS AND THE PUBLIC.

See (in this Volume)
Combinations, Industrial, &c., and Railways.

CORPORATIONS, The Bureau of.
Its establishment in the Federal Administration
of the United States.

See (in this Volume)
UNITED STATES: A. D. 1903 (FEBRUARY).

CORRAL, Ramon:
Vice-President of Mexico.

See (in this Volume)
MEXICO A. D. 1904-1905.

CORREGAN, Charles Hunter:
Nominated for President of the United States.

See (in this Volume)
UNITED STATES: A. D. 1904 (MARCH-NOVEMBER).

CORTELYOU, George B.:
Secretary of Commerce and Labor and Secretary of the Treasury.

See (in this Volume)
UNITED STATES: A D. 1901-1905, and 1905-1909.

COST OF LIVING.

See (in this Volume)
LABOR REMUNERATION: WAGES, &c.

COSTA RICA.

See (in this Volume)
CENTRAL AMERICA.

COUNTRY LIFE COMMISSION, Report of the.

See (in this Volume)
UNITED STATES: A. D. 1908-1909 (AUGUST-FEBRUARY).

COURTS, Industrial, German.

See (in this Volume)
LABOR ORGANIZATION: GERMANY: A. D. 1905-1906.

COURTS OF LAW.

See (in this Volume)
LAW AND ITS COURTS.

COWPER-TEMPLEISM.

See (in this Volume)
EDUCATION: ENGLAND: A. D. 1906.

CREEK NATION, Alleged frauds on the.

See (in this Volume)
INDIANS, AMERICAN.

CREMER, William Randal:
Originator of the Inter-parliamentary Union.

See (in this Volume)
WAR, THE REVOLT AGAINST: A. D. 1904-1909;
also NOBEL PRIZES.

CRETE: A. D. 1905-1906.
Insurgent demand of Union with Greece.
Investigation of discontent by the Protecting Powers.
Resignation of the High Commissionership by Prince George.
Appointment of Zaimis.

A determined revolutionary movement to secure union with
Greece was set on foot in March, 1905. Remonstrance against it
by Prince George was unavailing, and the National Assembly,
newly elected on the 2d of April, gave support to the
insurgents, proclaiming the desired union of Crete with "her
mother Greece," and ordering the Greek flag to be raised over
the public buildings of the island. The government of Greece,
while declaring its sympathy with the feeling which the
movement expressed, could not give countenance to it, and
urged the insurgents to lav down their arms. The latter,
however, continued to hold the interior of the island and to
make attacks on the Mohammedan population, until the approach
of winter, when, on the 19th of November, they gave up their
arms. The four protecting Powers then appointed a commission
to investigate the grounds of discontent in the island, and
its report made in the following spring justified a good deal
of the Cretan complaint of arbitrary rule. In May a new
Assembly was elected, in which the Government won 78 seats,
the Opposition 36, and the Moslems were represented by 16. In
July a resolution in favor of annexation to Greece was voted
by acclamation in the Assembly, and its sittings were
suspended to await the decision of the Powers. The latter
announced a little later the intention to organize a
gendarmerie to take the place of foreign troops in the island;
and also to extend the operations of the Greek Finance
Commission to Crete. Prince George now expressed his
unwillingness to continue in the office of High Commissioner,
and, on the request of the Powers, the King of Greece
nominated M. Zaimis to succeed him. The nomination was
accepted, and Prince George withdrew from the island, after
issuing a farewell proclamation, September 25th. M. Zaimis
arrived and assumed office on the 14th of October, being
warmly received. He was understood to have the powers of a
Greek Viceroy, with a mission to prepare the island for
annexation to Greece.

{168}

"I should not like," said a writer in the summer of 1905, "to
speak too positively of Prince George’s mistakes; but I have
met no European who has lived in the island who had a good
word to say for his administration. On the one hand, he played
the despot. The local independent newspapers were destroyed,
and the right of public meeting withdrawn. Worst of all, the
mayors and prefects, who had originally been elected by the
inhabitants of their districts, were degraded to the position
of mere officials nominated by the Prince. At the same time,
he aspired to be a sort of party leader. Quite early in his
term of office he contrived to alienate the best men among the
leaders who had conducted the insurrection with so much
patience and wisdom. The President of the Provisional
Government, Dr. Sphakianakis, an extremely able and, what is
rarer, a wise and disinterested man, went into retirement when
the Prince arrived. …

"By the summer of last year, [1904] when the Prince cast
Professor Jannaris, a philologist of European reputation, into
Canea gaol, the rift between himself and his people had become
desperate. … It was now quite clear that no solution remained
save union with Greece. To Prince George it provided an
honorable and graceful path of retreat. He could retire and
bring with him in his withdrawal a great gift to the Greek
nation, and confer, at the same time, contentment on Crete. …
Prince George, accordingly, devoted the closing months of 1904
to a tour among the European courts. The Powers had never
intended to make him the permanent sovereign of Crete. His
mandate was only for three years, and it had already been
prolonged for a second term. He urged that the time had at
length arrived for a definite solution, which could only be a
union with Greece. But either his pleading was half-hearted or
the Powers were deaf. His term was once more extended, and he
was weak enough, or vain enough, to accept the dangerous
mission. He returned to Crete and reported his failure.

"What followed is recent history. For a month or two the
Cretans were passive, and then suddenly they rose in arms. A
sort of provisional government was established at Therisso, a
stronghold in the mountains, near enough to Canea to threaten
the Prince’s administration, far enough from the sea to be out
of range of the European war-ships. Dr. Sphakianakis and MM.
Venizelos and Foumis are at its head, and it soon received the
allegiance of the whole interior. Simultaneously, under very
strained conditions, a general election was held; and, though
the members were probably drawn for the most part from the
Prince’s party, the Chamber adopted the programme of the
insurgents and solemnly proclaimed the annexation of the
island to Greece. The Prince threatened, but he had no force
behind him; and he too could only reiterate his prayer that
Europe should assent to union. It is a whimsical display of
unanimity. In other lands, subjects rebel to emphasize some
difference of opinion with their rulers. The Cretans have
taken up arms to prove how violently they all agree."

_H. N. Brailsford,
The Future of Crete
(North American Review, August, 1905)._

CRETE: A. D. 1907-1909.
How and why the Cretans have been restrained by the
Four Protecting Powers.

In February, 1907, the Cretans framed and adopted a new
Constitution, providing for an Assembly of sixty-four
Deputies, elected every two years, and continuing the
executive office of High Commissioner, with a Council of
three. They were fully exercising all the rights of
independent self-government, under the protection of the four
Powers which still maintained the old "Concert," namely, Great
Britain, France, Russia, and Italy. The Turkish Government
touched them in no other way than through the theoretical,
intangible suzerainty which the Sultan claimed. But that
claim, acknowledged by their potent protectors, barred them
from annexation to the kingdom of their fellow Greeks, which
was their heart’s desire. If Turkey had continued in the
condition to which it had sunk when the Powers set them free
from all but a fiction of feudal law (see in Volume VI. of
this work, TURKEY: A. D. 1897-1899) there seems little doubt
that they would have won their wish in no long time, with the
help of those Powers; but the great change in Turkish
conditions which came about in 1908 was not favorable to
Cretan hopes.

To the Cretans, in October, 1908, the Turkish Revolution
appeared to have brought them the best of opportunities for
breaking the irksome thread of an unexercised Ottoman
sovereignty. Bulgaria snapped the thread; why should not they?
But Bulgaria had no responsible guardians to look after her
conduct; while Crete was, unfortunately at this juncture, the
ward of an international trust company, whose responsibilities
for her were made immeasurably more serious by the very
circumstances which invited her to an escapade. The
revolutionary undertaking of the Young Turks, to reform their
own nation, claimed the sympathy and good will of every
right-feeling government in the world. Great Britain, France,
and Italy, at least, could not afford to lay, or consent to
the laying, of a straw of difficulty in its way. A declaration
of Cretan independence and annexation to Greece, countenanced
by the Powers, would have raised excitements in Turkey more
than likely to wreck the reform movement in a catastrophe of
war, which might involve much larger fields than those that
lie between Turkey and Greece. The action of Bulgaria and that
of Austria in annexing Bosnia and Herzegovina had put a
dangerous strain on the situation; but neither of these had
tried Turkish feeling as it would have been tried if Crete and
Greece had been suffered to follow their example by the four
protecting Powers.

The attempt was made in Crete on the 12th of October, 1908,
when the Assembly voted union with Greece, and elected a
committee of six members to conduct the Government in the name
of the King of Greece, under Greek laws. The four Powers
intervened in a soothing way, agreeing to treat with the
Turkish Government on the subject, provided that order in the
island should be maintained and protection afforded to the
Mohammedan population. In the previous May they had decided to
withdraw the forces they were jointly keeping in Crete, and
had announced that their evacuation of the island should be
completed by the end of July, 1909.
{169}
When the time thus appointed drew near there was some anxiety
as to what might follow the withdrawal of troops; but the
Powers adhered to their agreement. Meantime the Turkish
Government was giving plain expression to its determination to
"maintain Ottoman rights in Crete." Early in July, 1909, the
intentions of the four Powers were made known by an
announcement to the French Chamber of Deputies from the
Foreign Minister of that Government. The international
contingents of troops, he stated, would be recalled by the
contemplated date of July 27; but four war ships
(stationnaires) would be sent, one by each Power, "to guard
the Ottoman flag and the flags of the four Powers, as well as
to ensure, in case of trouble, the protection of the
population. A declaration would be addressed to the people of
Crete promising, in particular, that the Powers will continue
to occupy themselves with the Cretan question in a benevolent
spirit, but adding that it is their duty to see that order is
maintained and the safety of the Mussulmans in Crete assured;
that with this object they reserve the right of adopting such
measures as may be expedient for the restoration of
tranquillity, in case disturbances should break out which the
local authorities were unable to quell. The declaration
addressed to the Cretans to be communicated to the Porte and a
declaration to be made at Constantinople, in order to give an
exact account of the spirit in which the foregoing measures
have been adopted."

This decision was communicated formally to the Greek and
Turkish governments a little later. The latter, in reply,
thanked the four Powers for their promise to safeguard Ottoman
interests in the island, but declared that it could not
tolerate "any extension of the privileges of the Cretans
beyond those guaranteed by their autonomy, least of all any
such extension as might give rise to the supposition that
Crete was in any way politically connected or dependent on the
Hellenic kingdom."

The attitude of the four Powers in their action was stated
very distinctly to the British House of Commons on the 22d of
July, by Sir Edward Grey, Secretary for Foreign Affairs, as
follows:

"The _status quo_ maintained in Crete is that Crete
remains in trust to the four Powers who hold the island in
trust, and continue to maintain the obligations of preserving
the supreme rights of Turkey. That is the _status quo_,
and to put any other interpretation upon it and say that it
means this or that, or that it amounts to virtual annexation,
is misleading and is not true. That is not intended. The
question of Crete has been exceedingly difficult, partly for
the very reasons which I have already named, that it was
raised at a time when the Turkish Government itself was
passing through a stage exceedingly difficult, but exceedingly
hopeful. What we have desired to do with regard to Crete is to
secure that nothing shall happen which will be damaging to the
prestige of the new _régime_ in Turkey, and by being
damaging to that prestige make the prospects of reform and of
the increasing welfare of Turkey less hopeful."

The last of the international contingents left Crete on the
26th of July; whereupon the Cretans ran up the Greek flag on
the fortress evacuated. Some days passed before the naval
_stationnaires_ of the four Powers arrived on the scene,
and Turkey opened a somewhat sharp correspondence with Greece.
The Powers intervened, assuming responsibility for conditions
in Crete, and asking that communications on the subject be
addressed to them. At the same time, the Cretans were
admonished to take down the Greek flag. As they did not do so,
sailors from the war ships were landed on the 18th of August,
who lowered the flag and cut the flag-staff down. Sixty were
left on guard to prevent further demonstrations of a
provocative kind. To the time of this writing (February 1,
1910) nothing has occurred since to disturb the quiet in
Crete. In November, however, the Turkish Government addressed
to the four Powers a request for a definite settlement of the
status of Crete. The reply, given on the 9th of December, was
as follows:

"The protecting Powers do not deem the moment opportune for
diplomatic negotiations tending to establish a definite
_régime_ in the island. The circumstances have not
changed since the date of evacuation of the island by the
international troops. Though infractions of the _status
quo_ had been committed, they were at once suppressed, and
if more serious infractions occurred the Powers would meet
them in accordance with the standpoint expressed in their
Notes of July last with regard to the supreme rights of the
Sultan. In present conditions negotiations on the Cretan
question might excite public opinion in Turkey and elsewhere,
and lead to dangerous complications."

----------CRIME AND CRIMINOLOGY: Start--------

CRIME AND CRIMINOLOGY: THEIR PROBLEMS.
"Black Hand," The:
Sicilian Blackmail Terrorism brought to the United States.

"Toward the end of the last century the Sicilian gangs which
made their living by blackmail became aware that not a few
Italians who had left their home country as peasants had
acquired wealth across the Atlantic. Even the ordinary
workman, they learnt, who could gain only 40 cents a day in
Sicily, could make about four times that wage in New York.
Accordingly they hastened to exploit by their familiar methods
the rich field of the Italian colony in that city. It was not
long before the American police found themselves faced by an
elaborate machinery of crime far more ingenious and
complicated than anything with which they had previously had
to deal. The Black Hand, as the society called itself,
proceeded normally to extort what it wanted by frank demands
and threats, and it did not hesitate at kidnapping, outrage,
and murder when these means seemed necessary to its ends."

_New York Correspondent London Times,
March 16, 1909._

CRIME AND CRIMINOLOGY:
Cleveland’s Farm Colony.

"A City in the Life Saving Business" is the title given by Mr.
Frederick C. Howe to an article in _The Outlook_ of
January 18, 1908, descriptive of the Farm Colony which the
City of Cleveland, Ohio, has substituted for the old time
"work-house" or "penitentiary" for the detention and treatment
of its vagabonds and petty offenders.
{170}
The change has been wrought within the past seven years by the
City Director of Charities and Corrections, Dr. Harris R.
Cooley. The following facts of it are summarized from Mr.
Howe’s article:

The colony occupies the larger part of a 1900 acre farm, on
which some other institutions, such as a city infirmary, are
to be placed; but the ex-workhouse-prisoners are, so far, the
interesting occupants of the farm. They are prisoners with no
prison. They wear no convict garb, drag no ball and chain, are
surrounded by no wall or stockade, are watched by no armed
guards. They are working a quarry, making roads and sewers,
gathering stone, doing all descriptions of farm work, as free
in their movements as farm laborers who work for hire. And out
of hundreds on whom this treatment has been tried for nearly
seven years "only a handful," it is said, "have ever taken
advantage of their liberty. And it was the other prisoners who
were most incensed at their escape."

These unimprisoned prisoners are put on honor; they are
treated as men to whom society would like to do good. It gives
them a few weeks or months of healthful, honestly laborious
life, in the midst of wholesome and beautiful surroundings
(for the farm is nobly situated); and when they are dismissed
from it they do not go dispirited and weakened and marked with
a prison brand, as they would go from a workhouse, but
strengthened in body, helped to self-respect, and encouraged
to a change of life by the experience they have had. It is not
punishment they have received, but a revelation, in most
cases, of a better side of life than they had known. And this
treatment is proving its success.

There are classes for instruction, on various lines, at the
farm, and some come back, for evening study, after their
release. Two years ago one of the released colonists began the
formation of a Brotherhood among those who came out, to assist
their fellows and take care of them till they got a new
footing in the world; and no less than 427 had received that
helping hand of fellowship when Mr. Howe wrote his account.
The Brotherhood was then occupying a rented house, on the
furnishing of which it had expended over $2000, made up within
its own ranks.