Chapter X: The France-America Committee of New York 261 (8)

There is unfortunately much misunderstanding and criticism among our fellow-citizens of other denominations in regard to the attitude of the Roman Catholic Church towards the important and far-reaching subject of the education of children in the public schools, and the Catholic point of view is frequently misrepresented.

In the first place, it is constantly asserted that Catholics are opposed to the public school system of America. On the contrary, Catholics approve and support the public schools, and willingly vote and pay their share of the taxes necessary for the maintenance of these schools. They believe that the state should provide free common schools for the education of children, so that every American child not only shall have an opportunity of securing a free education but may be compelled to take advantage of the opportunity thus provided. They recognize that in this country it is generally impracticable in the common schools to teach the tenets of religious faiths, because to compel children indiscriminately to study the doctrines of any particular religion in which their parents do not believe would destroy all religious freedom and would be contrary to fundamental rights. They recognize further that to attempt to teach in the public schools the tenets of the Catholic, the Jewish and the numerous Protestant denominations, would be quite impossible and inevitably would lead to religious chaos. They realize that absolute equality or religious freedom can be secured only by making the public schools non-sectarian. Catholics, therefore, favor the maintenance of the system of free common schools; they have heretofore supported and will continue to support the system, although they object to some of the details of management, and they will send and do send their children to these public schools wherever there are no Catholic schools. In fact, fully one-half of the Catholic children of our country are now attending public schools because of the lack of Catholic schools.

Thousands of well-to-do Protestants and Jews--many in our own immediate neighborhood--send their children to private schools, whether day or boarding schools, in many of which the Protestant faith is taught. Yet no one suggests that, because these parents send their children to private schools, they are in any sense acting in hostility to the public schools, or to American institutions, or to the best interests of their own children. As parents, they have and ought to have the right to send their children to such schools as they think will afford them an education more complete and more conducive to the formation of moral character than they can secure at the public schools. Catholics are but exercising the same common right, and what, moreover, they believe to be their duty as parents, when they send their children to the parochial schools which are erected, equipped and maintained at their own expense.

Another misrepresentation, and one which Catholics resent, is the statement that the parochial and other Catholic schools do not inculcate patriotism, and that they teach anti-American doctrines. Any candid investigator will readily find that this charge is wholly unfounded. In Catholic schools, patriotism, obedience to the law and loyalty to the Constitution are taught as a religious even more than a civic duty; the best and highest ideals of American patriotism and citizenship are exalted. No true American Catholic can be other than a good and patriotic American citizen. Children are taught in these schools that loyal obedience to the laws and religious tolerance are the two essential elements of good Catholic citizenship, and in every form and aspect they are impressed with the obligation as a religious duty to render unto Cæsar the things which are Cæsar's and unto God the things which are God's and to be ever thankful that in this country these two separate obligations are wholly reconcilable.

The fundamental and controlling reason or motive for the establishment and maintenance of parochial schools is the profound conviction on the part of all Roman Catholics, in which conviction clergy and laity are a unit, that the welfare of the state, the stability of the Union, the continuance of civil and religious freedom, and the lasting happiness of the individual depend upon the code and standards of morality, discipline, self-restraint and temperance taught by religion. The student of history well knows that social order and civilized society have always rested upon religion; that there has never been a civilized nation without religion; that free government has never long endured except in countries where some religious faith has prevailed, and that our own country for three centuries has been an essentially religious country, by which I mean that the great majority of citizens have been believers in God and in some Christian religion. When the Constitution of the United States was established, the Americans were a truly religious people, and as a whole held firmly to one form or another of Christian faith. It has been recently pointed out by Archbishop Ireland in the Cathedral of St. Paul that in those days, "to stay away from religious service on Sunday was to invoke upon one's self serious public criticism." It is quite true that the great majority of Americans were then Protestants, but they were a religious majority. The Catholics can never forget that they owe the blessing of the religious liberty and tolerance which they now enjoy to a generation that was overwhelmingly Protestant and that it was first granted at an epoch when religious liberty and tolerance were practically unknown in Europe, whether in Catholic or Protestant countries.

Lord Bryce in his great work on "The American Commonwealth" has reviewed the influence of religion in this country, and has declared that "one is startled by the thought of what might befall this huge yet delicate fabric of laws and commerce and social institutions were the foundation it has rested upon to crumble away." That foundation he recognized to be religion, and he admonished us that "the more democratic republics become, the more the masses grow conscious of their own power, the more do they need to live, not only by patriotism, but by reverence and self-control, and the more essential to their well-being are those sources whence reverence and self-control flow."[69] Catholics believe that those sources of reverence and self-control are to be found in religion, and that if we sow in irreligion we shall reap in irreligion. Hence the firm and uncompromising determination of Catholic clergy and laity that thorough and efficient religious instruction, so far as lies in their power, shall be a vital and essential element in the education of every American Catholic child.

I very much doubt whether any respectable number of sensible and reflecting American citizens in our day would challenge the truth that morality is essential to the maintenance of civilized society and government, that the greatest influence for morality is to be found in the churches of the various denominations throughout the country, and that in teaching morality the churches are rendering a patriotic service and promoting the best interests and the highest policy of the state. I venture to assert that the only reasonable difference of opinion possible among candid and just men is as to the best way of inculcating religion in the young and the extent to which religious instruction is essential as a part of the complete education of children. On the one hand, there are those who conscientiously assert and sincerely believe that their children can receive all the religious training they need at home or at Sunday school and that they do not require any religious instruction in the daily schoolroom; on the other hand, there are those who conscientiously assert and sincerely believe that religion is the most essential part of the education of the child and of the forming of its moral character, that few parents have the time or the ability to teach religion to their children, and that religion can properly be taught only by making it part and parcel of the early schoolroom and of every day's instruction and study, while the mind and character of the child are plastic. The latter view is that of Catholics and of constantly increasing numbers of Protestants who send their children to private schools in which the doctrines of their faith are taught.

In the Catholic view, the influence of the school upon the future manhood and womanhood and citizenship of the country cannot be over-estimated. The school is the nursery where the mind and heart of the impressionable child are moulded into enduring form; the subtle influence of daily religious surroundings, including example and suggestion in the classroom, is as strong and pervading as it is difficult to analyze; the lessons of the primary and elementary school are those that endure and in time dominate the child's mind; and the visible examples of daily discipline, uniformity of ideals, obedience, self-control and disinterested devotedness to Church and country, indeed the very atmosphere of the Catholic religious school, are of themselves formative and educative elements. It is the classroom that is the training field of character and good citizenship--of true manhood and womanhood. Yet many would wholly exclude and banish its most important and essential feature!

Catholics believe that religion and the philosophy of Christianity are not to be taught haphazard, at odd moments, or by untrained persons, and that a firm grasp of the truths of the Catholic religion--or in fact of any religion--by the immature minds and hearts of children cannot be secured by merely reciting abstract maxims of morality, or without constant example and precept, daily lessons, long training and thorough drilling. They further believe that, except in rare instances, this cannot be done by home instruction or by attendance at Sunday school once a week. The immense sacrifices that Catholics have made and are making all over the country ought to demonstrate how sincere is their conviction upon this point. We may form some idea of the extent of this sacrifice from this building and from the fact that the assessed valuation of the Catholic parochial schools in the city of New York is now over $30,000,000.

The story of the heroic struggles and sacrifices of Catholics in order to maintain their system of schools for the education of their children ought to be known to every American Catholic, for it is the most thrilling and inspiring page in the history of their church. The time remaining to me will permit only a brief review of the results accomplished. It is an accomplishment of which Catholics may justly feel proud.

The greatest single religious fact in the United States to-day is undoubtedly the Catholic school system maintained by private individuals. The Catholic parish schools now number over 5,000, and the academies and colleges over 900, with over 1,500,000 pupils in attendance at these schools and colleges. More than 20,000 Catholic men and women unselfishly devote their lives to the work of teaching in these schools, academies and colleges. The system is crowned by a great Catholic university at Washington with an attendance of nearly 1,500. This vast educational organization is maintained at a yearly cost of millions of dollars without any public aid whatever, except the exemption of school property from ordinary taxation. The efficiency of the Catholic schools and colleges has long been demonstrated by examinations and practical results, and it is at last generally conceded. The Catholic schools teach everything that is taught in the public schools and, in addition, they teach religion and religious morality. The standards of education in all secular branches are equal and in many instances superior to those of the neighborhood public or private schools. In other words, Catholic children are as well educated in the Catholic schools as in the public schools; they come from them as well trained and as patriotic as the children coming from any other schools, and in addition they are thoroughly grounded in the doctrines of their great religion. I say "great" because it is the great religion of all Christendom as well as of this country. When the Constitution of the United States was framed at the Philadelphia convention of 1787, there were only about 25,000 avowed Catholics in the whole Union. To-day they number 17,000,000. More than one-third of all who now attend Christian churches in the United States are Roman Catholics. The Catholic Church has several times as many members as any other religious denomination. The figures in the state of New York show that about 65 per cent., nearly two-thirds, of all regular attendants at Christian churches, are Roman Catholics, and that the remaining attendants are divided among many separate Protestant denominations. Hence the correctness of the assertion that the Catholic religion is the great religion of this country.

It is true and should be added that Catholics hope that the day will come when the people of all denominations will more adequately appreciate the fact that religious instruction tends to promote the best and the most loyal citizenship, that the Catholic parochial schools are, therefore, rendering a public service, and that as such they should be allotted a reasonable part of the public educational fund raised from general taxation, measured by and limited to the actual saving to that fund, provided also that a required standard of education be maintained. In England, for example, the Catholic parochial schools receive grants of public moneys if they fulfil certain conditions of efficiency in secular instruction, staff qualification and equipment, and the extent of these grants is approximately the actual saving to the public fund. In the Catholic diocese of Long Island, in which we live, there are now over 68,000 children being educated in the Catholic schools and colleges, and in Greater New York there are more than 130,000 children attending the parochial schools. All these children would have to be educated in the public schools and at the expense of the taxpayers if the Catholic schools did not educate them, and this Catholic education involves an immense direct saving to the public school fund. Statistics recently submitted to the Constitutional Convention sitting at Albany showed that the immediate saving to the city of New York alone from the parochial schools was fully $7,500,000 per annum, and that not one penny of this saving was being contributed by the city or the state to the cost of educating and training these Catholic children. Consequently, it is not unreasonable to believe that justice and tolerance will finally prevail, and that the day will come when it will be recognized as equitable and as a wise and enlightened public policy to provide that whenever any denomination, whether Catholic, Protestant, or Jewish, is, in addition to giving religious instruction, educating and training large numbers of children according to satisfactory secular standards and tests, and is thereby relieving the public educational fund, every such denominational school should be granted out of the public funds some part of the actual saving so made, because it is rendering a public service. A basis of adjustment will, I am confident, be ultimately worked out, which will be fair and just to all denominations. But in the meantime the private schools where both secular and religious training are given to children, including the Catholic parochial schools, must continue to be erected, equipped and supported wholly by the members of the various denominations. There are now numerous Protestant private schools where the Protestant faith is being taught; and what is true of the Catholic parochial schools is also true of the Protestant schools.

We are all so accustomed to the blessings of absolute religious liberty that we really find it difficult to imagine that any other condition could ever have been tolerated in the free air of America, and we are very apt to overlook or minimize the value of the most precious privilege we enjoy. Yet, it is only a few generations since religious intolerance prevailed in the United States and Catholics were mercilessly and barbarously persecuted. The first constitution of the state of New York in 1777 discriminated against Catholics by permitting only Protestants to become citizens of the state, and this was done notwithstanding the fact that the Continental Congress had three years before entreated the states to bury religious intolerance forever in oblivion. At one time in the colony of New York Catholic priests were hunted as criminals, were condemned to perpetual imprisonment if apprehended, and were to suffer the death penalty if they broke prison and were retaken. Catholics could not hold civil or military positions, and could not even worship God according to their faith without becoming criminals and liable to imprisonment. The only period of full religious tolerance and liberty in our colonial history was for a short time during the term of Governor Dongan, who was a Roman Catholic.

All this intolerance has happily passed away never to return, and religious liberty is now firmly established. I recall the past only in order to impress upon your minds that we should treasure this blessing and be ever grateful to the generation of Americans, overwhelmingly Protestant, which gave us religious freedom and in doing so went far toward atoning for the past persecution of Catholics.

In conclusion, I must add that we Catholics of the Parish of St. Patrick of Glen Cove should acclaim our appreciation of the great service and unselfish devotion of the one person whose whole-hearted energy has made this school possible and without whose example we should despair of maintaining it. Long may this beautiful building endure as a splendid monument to the faith and patriotism of a Catholic priest, our beloved pastor, Bernard O'Reilly. We must also voice our cordial welcome and pledge of support to the Sisters of Notre Dame, worthy members of a great American Catholic sisterhood devoted to the education of children, who are now about to take up among us the task of teaching our children. They will labor week after week and year after year, devotedly and unselfishly, for a pittance barely sufficient to supply their absolute physical needs, with little or no expectation of public recognition. They will seek and find their reward solely in the inward satisfaction of the day's work and duty well done and in the inspiring and quickening maxim of their order and of their whole daily life that their holy task is ever

Pro Deo et Ecclesia et Patria.

FOOTNOTES:

[Footnote 68: Remarks at the dedication of the Roman Catholic parochial school at Glen Cove, Long Island, New York, on September 6, 1915.]

[Footnote 69: The American Commonwealth, new edition (1912), vol. II, pp. 793, 794.]

THE FRANCE-AMERICA COMMITTEE OF NEW YORK[70]

I ask you, Gentlemen, to rise and lift your glasses high to the joint toast of his Excellency the President of the United States, his Excellency the President of the Republic of France and his Majesty the King of England.

I ask you again to rise and lift your glasses high to the joint toast of the other Allies: to his Majesty the King of the Belgians, whose valiant and heroic people have suffered frightfully and have again shown, as Cæsar taught us, that "_horum omnium fortissimi sunt Belgae_;" his Imperial Majesty the Czar of all the Russias, whose brave soldiers have stood so much of the brunt of the battle and paid such an awful toll, and to his Majesty the King of Italy, and his courageous army and navy, whose help may yet prove decisive.

As the permanent object of the France-America Committee, which was organized long before the present war, is to perpetuate the traditions and bonds of friendship which bind the governments and peoples of France and America together, our guests will readily appreciate why France should seem, at the moment, to be foremost in our thoughts.

Monsieur Homberg, Monsieur Mallet: Le Comité France-Amérique de New York éprouve un très vif plaisir à saluer en vous les délégués de la République Française. Le Comité tient à vous témoigner l'amitié des Américains pour la France, notre admiration de l'héroïsme que le peuple français de toutes classes a montré pendant l'année affreuse qui vient de s'écouler, nos ardentes sympathies pour vos souffrances, et nos souhaits pour votre avenir.

Notre hospitalité est malheureusement imprégnée d'une tristesse poignante, car un souci de tous les instants ne nous permet pas d'oublier la guerre brutale et féroce qui a dévasté une grande partie de la France et presque toute la Belgique, et qui menace non seulement les libertés des peuples français et belge, mais la civilisation de toute l'Europe. Il est vrai que notre gouvernement national, pour des raisons d'état, se trouve forcé de maintenir une neutralité légale, tâche si difficile et si complexe, mais le peuple américain ne saurait être indifférent aux malheurs et aux détresses des Français. Un grand Américain a bien dit que c'est en apprenant l'histoire de son pays que l'enfant américain apprend à aimer la France. Nous ne pourrions jamais oublier l'aide généreuse, la sympathie, le dévouement, et le désintéressement que le peuple français nous a témoignés au début de notre histoire. Le souvenir, Messieurs, en est ineffaçable. Innombrables sont mes compatriotes qui prient de tout cœur qu'une nouvelle Bataille de Poitiers contre les Sarrasins délivre bientôt la belle et sainte terre de France de ses envahisseurs.

Le service que la France a rendu aux Etats-Unis est souvent méconnu et quelquefois oublié. L'heure est venue de réfuter et les dénigrements et les préjugés. Le Comité France-Amérique voudrait saisir cette occasion pour rappeler hautement ce que nous devons à la France et exprimer la reconnaissance profonde que le peuple américain ressent envers le peuple français.

La plupart des historiens, cherchant leurs matériaux dans les archives des gouvernements et dans les notes des rois et de leurs ministres, ne voient trop souvent qu'un calcul ou un motif intéressé dans l'aide que la France nous a apportée et dans l'amitié qu'elle nous a témoignée pendant notre Guerre d'Indépendance. Mais ceux qui cherchent consciencieusement à pénétrer jusqu'à l'âme du peuple français pendant les années de 1776 à 1781, comme l'avait fait l'historien Américain, James Breck Perkins, feu le président du Comité des Affaires Etrangères de notre Congrès National, attestent que cette aide, qui fut si efficace et qui seule a rendu notre succès possible, était désinteressée et n'était inspirée que par sympathie pour un peuple faible et par amour pour la liberté et la justice politique. La Fayette, l'ami intime et dévoué de Washington et de Franklin, était véritablement l'incarnation du sentiment d'enthousiasme exalté et de sympathie ardente que les Français ressentaient alors dans toutes les classes pour un peuple qui voulait être libre. Sans doute Louis XVI. et Vergennes y voyaient des avantages incidentels et des raisons d'état, mais c'était bien le peuple impatient et l'enthousiasme et le sentiment public de la nation entière qui ont finalement forcé le gouvernement du Roi à nous envoyer une armée disciplinée sous Rochambeau et une flotte de guerre sous d'Estaing et de Grasse. L'importance incalculable du service rendu par les Français peut être estimée en nous rappelant que les deux tiers et les mieux équipées des troupes alliées à Yorktown étaient français, et que ce fut à Rochambeau que le commandant anglais avait cru devoir rendre son épée.

En prenant part à notre Guerre d'Indépendance, le peuple français savait parfaitement que son aide lui coûterait un prix énorme et que les impôts déjà trop lourds devraient être encore augmentés. L'historien Perkins déclare que le montant des dépenses de la France pour libérer l'Amérique s'est élevé à sept cent soixante douze millions de dollars, c'est à dire, à plus de trois milliards huit cent millions de francs.[71] De cette énorme dépense, qui a ruiné le trésor royal, comme l'avait bien prêdit Turgot, pas un sou n'a été remboursé à la France. Elle ne l'a jamais réclamé, et elle en refuserait fièrement aujourd'hui le remboursement en nous rappelant qu'elle avait stipulé dans le traité d'alliance avec les Etats-Unis d'Amérique du 6 Février, 1778, qu'elle ne recevrait aucune indemnité pour sa coopération et ses sacrifices, et que même si le Canada était conquis, cette contrée serait annexée aux Etats-Unis et non pas retournée à la France. Ce traité, sans précédent en générosité dans l'histoire du monde, était le premier de tous les traités que les Etats-Unis ont faits et le seul traité d'alliance dans notre histoire.

Ne serait-il pas souverainement juste, si le peuple américain, cent trente quatre ans après la bataille de Yorktown, reconnaissait ce service--je me refuse à l'appeler dette--en offrant au peuple français un crédit commercial du principal, c'est à dire, sept cent soixante douze millions, remboursable quand la France le pourrait? Même en francs, ce ne serait que l'équivalent d'une contribution insignifiante par chaque citoyen des Etats-Unis, et bien moins en valeur que l'impôt qui a été payé volontairement et de bon cœur par le peuple français du dix-huitième siècle pour nous aider. Quelle noblesse, quelle gloire, quelle splendeur de cœur, d'âme et d'esprit si les grands banquiers américains avaient pu proclamer au monde qu'ils avaient eux-mêmes offert le crédit en reconnaissance du passé! Nous serions vraiment fiers de notre génération si elle pouvait écrire une page aussi sublime, aussi impérissable dans l'histoire du monde. Alors, Messieurs, nul doute ne subsisterait quant au succès éclatant de votre mission, surtout si une parole éloquente pouvait toucher le cœur des Américains et leur rappeler combien ils doivent à la France, à cette république sœur et souffrante, et combien la question aujourd'hui n'est pas seulement une affaire commerciale pour notre propre profit avec nos meilleurs clients, mais aussi une question de gratitude pour un ami loyal et dévoué et de sympathie effective pour un grand et noble peuple qui souffre.

Au nom de cette reconnaissance et de cette sympathie américaines que j'ai essayé d'exprimer en interprétant, j'en suis convaincu, la pensée de tous les Américains réunis ici, je lève mon verre en l'honneur de la République Française, de la France blessée mais si vivante, si courageuse, si valiante, et de ses représentants distingués qui nous honorent de leur présence, M. Octave Homberg et M. Ernest Mallet. Messieurs, j'ai l'honneur de vous présenter M. Homberg.[72]

My Lord Chief Justice of England and Gentlemen of the British Commission: After the eloquent tributes of last night at the Pilgrims, I find it extremely difficult to express and convey to you the full import and sincerity of our welcome.

Every tie that can bind one people to another binds the American people to the English. Most of us are of the Anglo-Saxon race and have the same blood coursing through our veins. To the great majority of Americans, England has ever been the mother country. We speak the same language, read the same literature, strive for the same ideals, are governed by the same principles of politics and jurisprudence, and entertain the same fundamental conceptions of right and wrong and justice as among men and among nations. The greater part of England's history is our history; her Magna Carta is our Magna Carta, and the immortal deeds of valor of the English, Scotch, Irish and Welsh are our heritage and the source of our inspiration. Our hearts, therefore, cannot but beat faster day after day as we read of the splendid heroism and noble self-sacrifice of your great race.

To our minds the noblest and the most truly glorious page in the history of England was written by Sir Edward Grey when, on behalf of your government, my Lord, he refused to break the plighted faith of England to avoid involving his country in the greatest and most disastrous war in the history of the world, a war for which England was not prepared, for which Sir Edward and his colleagues knew she was not prepared, and which threatened and might involve the ruin of the British Empire. There is a nobility and sublimity, inexpressible by mere words, in the act of sending that small but now immortal British army to Belgium in August of last year, to face tenfold its number, to die for strangers--for a mere "scrap of paper," as a treaty was cynically and immorally called--solely that the honor of England might be kept inviolate. England has never been grander or nobler than on that day. The glory she then gained cannot fade. Gentlemen, the Anglo-Saxon race never rose to higher renown than when the British statesmen of to-day showed on such a grand scale that the spirit of the Light Brigade at Balaclava still lives:

"Their's not to reason why,
Their's but to do and die."

And we Americans were then prouder than ever before to belong to the Anglo-Saxon race.

England may prevail in this war, or she may fail. But whatever may happen, whatever may be decreed by Providence, your magnificent and unselfish heroism in springing to the defense of Belgium has added to England's renown and to our race a glory which is priceless and infinitely beyond the whole cost of the war, a glory worth dying for, a glory that will thrill and uplift generations of men for all time, a glory that will ever inspire acts of patriotic service and valorous self-sacrifice, of chivalry and honor.

Although, Gentlemen of the British Commission, the deep sympathy of the great majority of Americans is naturally with the Allies in the present war, we want you to return to England appreciating why we must loyally support the neutrality which the President of the United States has proclaimed. The policy of this country in regard to European wars was fixed in 1793. One of the most important and enduring of the many services that President Washington rendered to the United States was when he stood firm as a rock against the abuse and clamor of that day in upholding and enforcing neutrality in favor of England as against the demands of her then enemies. We have consistently adhered to that principle for more than one hundred and twenty years. It has been our fixed and constant policy, not a football of politics, or of newspaper propaganda, or of temporary emotion or expediency, but the sober judgment and conscience of the nation. The essence of this policy is that it is the duty of our government, not only to the present but to future generations, to avoid being drawn into European wars unless our honor or our vital interests become involved. During more than a century we have invited the inhabitants of every nation of Europe to come here and become a part of our country, and we have impliedly assured them of our adherence to this traditional policy of neutrality. If, now, we also should draw the sword, out of heartfelt sympathy and friendship for the Allies, or in indignation at the outrage of the violation of Belgium, we might become hereafter constantly involved in European conflicts in which we should have no other than a humanitarian interest, and as a result find the devoted friends and relatives of to-day the inflamed and bitter enemies of to-morrow.

My Lord and Gentlemen of the British Commission, we want you to return to England realizing how difficult and complex is the task of our President. Under our system of government, he alone can speak for the nation and commit us in our foreign relations, upon him alone is imposed the awful burden of responsibility and duty, and patriotism commands us as Americans loyally to support him, whatever may be our individual opinions or sentiments as to particular measures or grave omissions. We want you to return profoundly convinced that in standing by our policy of neutrality, we are not indifferent, or callous, or pusillanimous, or mercenary; and that our President is striving on our behalf to do what is right as God gives him to see the right, not only by the Americans now living but by those future generations for whom we are the trustees. Above all, we want you to return to England firmly believing that we unqualifiedly approve and extol the noble and heroic action of England in drawing her sword in defense of Belgium, and that our heartfelt sympathy and good wishes are with you and your heroic sailors and soldiers at the front.

Gentlemen, I ask you to rise and lift your glasses high and drain them in honor of the distinguished representatives of England. I have the pleasure of presenting to you the Right Honourable Lord Reading, the Lord Chief Justice of England.

FOOTNOTES:

[Footnote 70: Remarks as presiding officer at a luncheon given in honor of the members of the Anglo-French Credit and Finance Commission, at the Hotel Knickerbocker, New York, October 1, 1915.]

[Footnote 71: France in the American Revolution, p. 498; see also the introduction by Ambassador Jusserand, p. xv. The accuracy of these figures has not been independently verified. An examination of the late Mr. Perkins' papers does not disclose the source of his statement. The French archives show a direct expenditure of 1,507,500,000 livres, but these figures do not include payments made in and after the year 1783. Professor Marion of the Collège de France is of opinion that the total expenditure probably reached 2,000,000,000 livres. Marion, _Histoire Financière de la France, 1715-1789_, vol. I, p. 303, Paris, 1914; see also Gomel, _Les Causes Financières de la Révolution Française_, vol. II, p. 36, Paris, 1893. Fiske, in his Critical Period, p. 35, states the expenditure to have been 1,400,000,000 francs.]

[Footnote 72: M. Homberg replied in French, and Mr. Guthrie then continued as above.]

INDEX

American ideals, 37, 161, 267.

Ancestor-worship, 27-29.

Anglo-French Commission, 261.

Anson, Sir William R., 104, 106.

Aristotle, 14.

Athens, 42.

Australia, 81.

Ayers, In re, 118.

Bakers case, 57, 153.

Bancroft, George, 30.

Bankers, Case of the, 106.

Bar, should defend the courts against criticism, 70, 127, 147, 158;
duty to defend constitutional guaranties, 85, 86;
efforts to secure proper judicial nominations, 139-141;
professional responsibility, 142-143.

Barons, Articles of the, 5.

Bate's case, 17.

Belgium, 261, 262, 267, 270.

Bill of Rights, New York statute of 1787, 19, 23;
permanent nature, 20, 21, 203;
the federal bill of rights, 74, 83;
must be enforced by the courts, 77-78;
ineffective where legislative power is supreme, 77-78.
_See_ Constitutions and Constitutional limitations.

Blackstone, Sir William, 99, 168.

Bonham's case, 10.

Bosses, Political, their power increased by direct primaries, 142,
236, 238;
efforts to overthrow them, 230-231, 245;
Woodrow Wilson on, 242.

Bracton, Henry de, 102.

Bradford, William, 30n, 38-39.

Bryan, William J., 180-182, 213-215.

Bryce, Viscount, 69, 251.

Carlisle _vs._ United States, 101.

Charter, _see_ Constitutions and Magna Carta.

Chisholm _vs._ Georgia, 89, 95.

Church and State, Separation of, germ of idea in Magna Carta, 11, 12;
an American political principle, 12;
opposed by Puritans, 32, 33;
accomplished by the Pilgrims, 32, 34.

Clark _vs._ Barnard, 96.

Class legislation, may lead England to restrain temporary
majorities, 11;
masking as social reform, 43;
dangers of, 74, 79, 85, 124;
New York tenement law of 1884, 85;
involved in graduated taxation, 165, 166.

Cleveland, Grover, 149, 151, 216.

Cohens _vs._ Virginia, 93.

Coke, Sir Edward, 23, 105.

Common law, silent as to the equal protection of the laws, 36;
may be changed by the legislature, 68-69, 134-138, 155;
the birthright of Americans, 98;
soundness of common-law rules, 132-134.

Commune consilium, antecedent of parliament, 16;
power to impose taxes, 16.

Communism, a conceit of Plato's, 38;
failure of the experiment in Plymouth colony, 37-39;
in the colony of Virginia, 38.

Congress, decay through increase of executive power, 44;
power to regulate interstate commerce, 61;
cannot regulate internal affairs of the several states, 61;
acts of, 61, 62, 68, 100, 121, 126;
limitations upon, 74, 78, 81, 169-171;
proposes amendments to the Constitution, 74, 89;
attempts to curtail the federal courts, 88, 125;
duty to enforce constitutional amendments, 110;
duty to uphold the Constitution, 171-172;
protection of American industries and wages, 193-197;
dissatisfaction with, 205-206.

Consolidated Gas Co. case, 122.

Cooley, Thomas M., 90, 161-162.

Constitutions, principles rooted in Magna Carta, 1;
intended to endure forever, 20, 21, 203;
unwise to create political body to enforce, 25;
may be deprived of practical force by failure to observe
constitutional restraints, 46, 75;
explanation would dispel prejudice against the courts, 48;
nature and purpose to declare general principles, 52;
a rule of interpretation, 154-155;
antiquated in the view of modern iconoclasts, 202;
small vote on amendments, 208-209;
should deal only with fundamentals, 224, 225.
_See_ Magna Carta and Mayflower Compact.

Constitution, Federal, sources of, 1, 31, 98;
enforced by the courts, 25, 42 sqq., 70 sqq., 87 sqq., 109 sqq.;
supremacy of, 71 sqq., 87, 111, 113;
considered and ratified, 74, 88, 89;
easily amended, 82-85, 89, 91-92, 175, 176, 208;
necessity for deliberation in amending, 84-85, 176-177;
rule for construing, 97-98;
oath to support, 171-172;
attempts to circumvent, 175;
embodies eternal truths, 203.
_See_ Constitutional limitations.

Constitutional government, depends upon constitutional morality, 26;
its debt to the Pilgrims, 29, 32, 35;
characterized by equality before the law, 35.

Constitutional limitations, idea in Magna Carta, 6-7;
recognized in statute of 42 Edward III., 7, 8;
common to every American constitution, 8, 73;
not imposed upon parliament, 9-11, 76-77, 107;
their enforcement left to the courts, 25, 45, 47, 70 sqq., 87, 109,
113, 127;
growing impatience with, 42, 43, 48, 124, 202;
could be nullified if judges followed the prevailing
morality, 45, 46;
enforcement by the courts necessary, 70 sqq.;
binding upon Congress, 74-75, 171-172;
Elihu Root on, 75;
make possible constitutional morality, 86;
to be observed by the President, 171-172.
_See_ Constitutions, Due process of law, Constitutional morality,
Judiciary, and Fundamental laws.

Constitutional morality, a condition of permanent free
government, 26, 42;
discussed generally, 42-86;
growing tendency to disregard, 42;
its disregard caused the overthrow of Grecian democracy, 42;
its essence is self-imposed restraint, 42;
its necessity should be taught, 48, 85-86.

Conventions, Constitutional, their duty to secure the privileges
of Magna Carta, 2;
the first American, 29-30, 37;
Ohio convention of 1912, 61, 64;
the federal convention of 1787, 89, 256;
in New York, 154, 186, 235, 257.

Conventions, Nominating, discussed generally, 219-246;
right to, should be guaranteed by the Constitution, 220, 225;
their origin, 229;
abuses of, 229, 237;
movement to abolish, 230, 239-240;
their merits and advantages, 236-237, 242-246.

Cotting _vs._ Kansas City Stock Yards Co., 123.

Courts, _see_ Judiciary.

Coxey's Army, 181, 199.

Criminal Procedure, delays in, 126, 143-146.

Cromwell, Oliver, 34-35.

Crown, power limited by Magna Carta, 11, 12, 24-25;
former exercise of legislative power, 17;
maxim that "the king can do no wrong," 98, 102, 105, 108, 114;
sued under the Petition of Right, 99-102;
not suable in tort, 102.

Cullen, Chief Judge, 80, 139, 210.

Davis _vs._ Gray, 115.

Day in court, 13, 121, 150.

Debs case, 148-151, 212, 215-216.

Declaration of Independence, proclaimed the inalienable rights of the
individual, 4, 81;
relation to the Mayflower Compact, 30;
its spirit perpetuated, 76;
marked human progress towards liberty, 203;
its truths eternal, 203.

Demagogue, his plea that the people are infallible, 43;
his well-known arts, 192.

Democracy, the fallacies of absolute, 39-40, 43, 165;
in Plymouth colony, 39;
historical failures, 42, 75, 205.

Democratic party, principles and recent campaigns, 178 sqq.;
tariff legislation, 195-198;
on use of injunctions, 213-214.

Despotism, equal laws a feature of, 36;
will result from increasing power of the executive, 44.

Dicey, A.V., 15, 103.

Dies parentales, 27.

Due course of law, in New York bill of rights of 1787, 23.

Due process of law, universal application in the United States, 18;
equivalent of "law of the land" (q.v.), 18;
substance of expression in Magna Carta, 18;
history of expression in America, 18-19, 23-24;
meaning, 19, 22-24;
earliest use, 22-23;
term meaningless to man in the street, 48;
principle applied in the Tenement House case, 54;
in the Ives case and Employers' Liability cases, 65, 68.

Education, Catholic parochial schools, 247-260;
primary and elementary, 253;
the Catholic university, 255;
public grants to private schools, 256, 257.

Edward I., 100.

Edward III., 7, 8, 11, 22, 23.

Edward the Confessor, 7.

Egyptians, 27, 168.

Election Law (New York), 209, 219.

Elections, primary elections a menace, 39, 142, 227-228, 231-236,
238, 245-246;
presidential, 178 sqq.;
nomination of candidates, 207, 219-246;
vote on constitutional amendments, 208-209;
effect of the short ballot, 222-224;
secret ballot objectionable, 228;
some New York statistics, 231-233;
origin of primaries, 239-240;
to judicial office, 243-245.
_See_ Conventions.

Electorate, responsible for political evils, 205-206, 245;
voting a duty, 206, 238, 245;
indifference and negligence of, 207, 208, 209, 230-232, 237, 240;
remedy for corruption, 237-238.

Eleventh amendment, main treatment, 87-129;
text, 91;
possibly qualified, 97, 110.

Employers' Liability cases, 61-64, 67-68, 121.

English church, its part in Magna Carta, 3, 4, 11, 12;
freed from the crown by Magna Carta, 11, 12.

England, political thought in the 13th and 14th centuries, 6-9, 18-19;
taxation, 9, 16-18;
courts, 10, 17, 76, 77, 103-107;
class legislation, 11;
acts of Supremacy and Uniformity, 32, 36-37;
debt to Puritanism, 34-35;
in the World War, 35, 261, 267-270;
labor legislation, 79;
protective tariff, 196;
cost of living, 199, 200;
board of trade, 200;
union of legislative and executive powers, 227-228;
state aid to parochial schools, 256.
_See_ English church and Parliament.

Entick _vs._ Carrington, 104.

Equality before the law, 31, 35, 152, 161.

Europe, political ideas in the 13th century, 6;
in 1620, 35;
the great war, 35, 41, 267 sqq.;
source of legislative schemes, 76;
industrial competition with the United States, 196-197;
high cost of living, 200.

Executive, and legislative power in England, 17;
power limited by Magna Carta, 24-25;
increase in power threatens despotism, 44, 223-224;
shifting responsibility to the courts, 47;
duty to uphold the Constitution, 171-172;
sentiment against a third term, 186-188;
now most powerful branch of the government, 220;
should not exercise the lawmaking power, 227;
control of foreign relations, 269.

Feather _vs._ The Queen, 104.

Federalist, quoted on judicial power, 71-72, 109.

Fifteenth amendment, 83, 110.

Fifth amendment, 19, 68.

Fitts _vs._ McGhee, 118.

Fitzwater _vs._ Warren, 138.

Five Knights case, 15.

Fourteenth amendment, 24, 36, 68, 110, 111, 169.

France, early charters of liberties, 5;
_les lois fondamentales_, 7;
legislative and executive powers, 76, 77, 227-228;
forced loans, 164;
French Revolution, 164;
cost of living, 200;
friendly relations with America, 261-266;
in the World War, 261, 262-266;
aid to American revolutionists, 262-264;
treaty of alliance with America of 1778, 265.

France-America Committee, 261.

Fuller, Chief Justice, 46, 173.

Fundamental laws, idea revived by Magna Carta, 6-7;
in Greece and Rome, 6;
in France, 7;
a controlling principle of American constitutions, 8, 73;
idea abandoned in England, 9;
theory may yet be applied by English courts, 11.
_See_ Constitutions.

Gaynor, William J., 54, 55, 57.

Georgia, 89, 90, 95.

Glen Cove parochial school, 247, 259.

Government, origin and importance of separation of powers, 4, 13, 16,
17, 18, 227;
depends more upon men than upon laws, 28, 206, 221;
governmental powers derived from the consent of the governed, 30;
government by the legislature preferable to government by the
judiciary, 45, 46;
the form may survive the substance, 46;
constant extension of governmental functions, 74, 80, 120, 220;
the American government different from others, 76, 161, 227;
trend toward centralization in America, 176;
local self-government essential, 177;
need of trained experts, 220-221.
_See_ Congress, Constitutional government, Democracy, Executive,
Judiciary, Legislature, Minorities, Majorities, Representative
government, and State governments.

Graduated taxation, general discussion, 159-177;
exempts the majority and burdens the minority, 160, 163, 166;
a means to break up large fortunes, 160, 169-170;
may amount to confiscation, 163-166;
necessarily arbitrary, 163;
as forced loans in France, 164;
Lecky's views, 164-165;
McCulloch's views, 165-166;
views of Leroy-Beaulieu, 166.

Great Britain, 10, 101.
_See_ England.

Great Charter, _see_ Magna Carta.

Greece, fundamental laws in, 6;
ancestor-worship, 27;
Athenian democracy, 42, 75.

Gunter _vs._ Atlantic Coast Line, 96.

Habeas corpus, Writ of, the bulwark of personal liberty, 15, 16;
its antecedent in Magna Carta, 15;
in England, 15, 107;
rendered effective by the courts, 77.

Hamilton, Alexander, 71, 74, 88, 161.

Hampden, John, 17, 34.

Hans _vs._ Louisiana, 95.

Hearn, Lafcadio, 28, 29n.

Henry VIII., 32, 36.

Holden _vs._ Hardy, 60.

Hunter _vs._ Wood, 119n.

Impositions, Case of, 17.

Income Tax cases, 173, 175.

Income Tax, 159, 173-175.

Inheritance Tax, 159-160, 167-173.

Initiative and Referendum, a menace to our republican form of
government, 39, 193;
origin in distrust of legislatures, 44;
agitation for, 47, 204;
in Australia, 81;
a scheme of the Progressives, 204-209.

Injunctions, as used to restrain state officers, 87-88, 97, 109-114;
to restrain officers of the crown in England, 106-107;
to restrain criminal proceedings, 117-119;
to prevent the enforcement of unconstitutional state statutes, 120,
125, 127, 128;
use in connection with strikes and labor disputes, 146-152, 212-217;
New York practice, 148, 151-152.

Inquisition, Writ of, 14, 15.

Institutions, the slower their growth the more enduring they are, 1;
English source of American institutions, 98, 266-267;
the Roman Catholic church and American institutions, 249-250.

Intestate succession 167-169.

Ives case, 65-69, 153.

Jacobs case, 49-57, 153, 154.

James I., 17, 30n, 31n.

Japan, 27-29, 197.

Jefferson, Thomas, 186, 187, 189, 197, 205.

John, King, 4, 7, 12, 25.

Judges, qualifications, 13, 14, 70, 142, 243-245;
bound by principles, rules and precedents, 46;
not infallible, 47;
duty to enforce the law, 128, 129, 209;
selection and tenure, 139-142, 243-245;
should be defended against unjust criticism, 69-70, 126-128, 157-158.
_See_ Judiciary and Recall.

Judiciary, power to annul unconstitutional laws, 7-9, 25, 42 sqq.,
70 sqq., 87 sqq., 109 sqq.;
former dependence upon the crown, 10, 17;
has no power over legislation in England and France, 11, 76, 77, 107;
importance recognized in Magna Carta, 13, 14;
defended against unjust criticism, 43 sqq., 130-158, 181, 193,
211-212;
government by, 45-46;
rules for determining the constitutionality of a statute, 45, 46, 52;
charged with having usurped power over legislation, 45, 70, 81;
examples of alleged abuse of power, 48-68;
cannot control legislative discretion, 52;
should avoid judicial legislation, 62, 135;
necessity of defending against unfair criticism, 69, 70,
126-128, 158;
must enforce the Bill of Rights, 77;
control over executive and administrative officers, 103-107,
111, 114;
necessity for confidence in, 126-128;
the bulwark of liberty, 128, 226;
independence of, 141, 142, 226;
not responsible for delays, 142-146.
_See_ Judges, Constitutional limitations, Injunctions, and Recall.

Judiciary, Federal, jurisdiction to enjoin state officers, 87,
108-110, 113, 117, 119;
efforts to curtail power of, 88, 125;
jurisdiction limited, 97;
power to annul state laws a necessity, 108, 109, 112, 116, 124-129;
compels the states to obey the Constitution, 113;
power to enjoin criminal prosecutions by the states, 117-119;
causes of dissatisfaction with, 126;
oath of office of judges, 127;
constituted as a bulwark of liberty, 128;
assaults upon, 128, 146-152;
issuance of injunctions in labor disputes, 213-217;
power to punish for contempt, 215-217.
_See also_ Supreme Court.

Jurisprudence, as a science, 13, 52.

Jury-trial, origin in Magna Carta, 15, 19-20;
early history, 19-20;
a right assured by the judicial power, 78;
not in cases of contempt, 215.

Justice, political justice secured by Magna Carta, 1, 4, 13-15;
the highest political liberty, 13;
uniformity and certainty essential in its administration, 13;
social justice, 43, 81-82;
delays in its administration, 125, 126, 142-146.

Knisley _vs._ Pratt, 137, 155.

Labor, competition of foreign workmen, 196, 197, 198;
conditions in 1896, 198-199.
_See_ Master and servant.

Labor laws, in New York, 50, 56, 58, 59, 137, 156.

Labor unions, attitude toward the courts, 131, 140-141;
some labor leaders, 131, 147, 212;
opposition to injunctions, 146-152.

Labourers, Statute of, 79.

Langford _vs._ United States, 103.

Langton, Stephen, 5, 12.

Law, how to be administered, 13;
wiser than those who administer it, 14;
principle of the supremacy of the law, 14, 103-107, 111, 114;
just and equal laws, 31, 35, 36, 37, 152;
equality before the law, 35, 36, 161;
growing disregard of, 43, 201;
touches every individual, 85.
_See_ Common law, Due process of law, Fundamental laws,
Law of the land, Justice, Judges, and Judiciary.

Lawlessness, manifested in alleged reforms, 43;
and in labor organizations, 150, 217;
its growth in connection with the spread of socialism, 201.

Law of the land, a phrase wiser than those who wrote it, 5;
the epitome of ancient and forgotten wisdom, 5-6;
guaranteed by Magna Carta, 9, 18, 21, 22;
the equivalent of "due process of law" (q.v.), 18;
meaning, 18, 19, 21, 22;
in American constitutions, 18-19, 23-24;
in the Petition of Right, 23.

Lawyers, _see_ Bar.

Lecky, W.E.H., 164.

Legislation, formerly not a panacea for all ills, 9;
practical reforms needed, 44, 205-206;
alleged social legislation, 49-54, 153, 154;
particular legislation criticized as being arbitrary, crude,
experimental, meddlesome, and oppressive, 52, 80, 82, 120-125,
163, 245;
a rule of construction, 154-155;
necessity for exact language, 208;
great volume of statutes, 204, 208.
_See_ Class legislation and Social legislation.

Legislature, taxation originally its chief function, 9;
limitations upon, 43-46, 51, 70, 71, 78, 81, 124;
corruption charged by social reformers, 44;
abandoning constitutional questions to the courts, 47;
duty to apply constitutional principles, 52;
supreme in its sphere, 52;
power to protect the public health, 59, 60.
_See_ Constitutional limitations, Legislation, and Congress.

Leroy-Beaulieu, Pierre Paul, 166.

Liberty, Civil, guaranteed by Magna Carta, 1, 4, 5;
Declaration of Independence, 4, 81;
early charters of the French kings, 5;
writ of habeas corpus its bulwark, 15, 16;
conditions necessary for its perpetuation, 26, 36, 37;
guaranteed by the Constitution, 51, 76;
legislative interference with, 74, 80;
of vital concern to everyone, 84;
guarded by the common law, 98;
its essence, 124;
some political documents, 203;
threatened by temporary majorities (q.v.), 211.

Liberty, Constitutional, Justice Story on, 25;
in the custody of the American people, 26;
the Pilgrim Fathers assist at its birth in America, 30.

Liberty, Religious, secured by the New York constitution, 12;
idea of, in Magna Carta, 12, 13;
established in America by the Pilgrims of Plymouth, 32, 34;
our greatest blessing, 34;
secured by the courts, 77-78;
favored by non-sectarian public schools, 248;
fostered in America by Protestants, 251, 259;
formerly denied to Catholics in New York, 258;
secured temporarily in New York by Governor Dongan, 259.

Lincoln, Abraham, 26, 191, 246.

Lottery case, 46.

Madison, James, 88, 186, 189, 197.

Magna Carta, general treatment, 1-26;
marked our greatest political epoch, 1;
saved England from despotism, 1;
the source of representative government, 1-2, 16, 18;
the foundation of liberty and justice, 1, 4;
reissues and confirmations, 2, 3, 7, 8, 20, 22;
extolled by the royal governor of New York, 2;
crystallized and perpetuated English liberties, 2, 3, 5, 21;
all Americans enjoy its privileges, 2, 3, 5;
granted at Runnymede, June 15, 1215, 3;
still on the English statute books, 3;
a battle-cry against tyranny, 3, 11;
modern criticism of, 3-4, 7, 8, 15, 19;
the value of its traditions, 4-5, 26;
based upon eternal truths and to endure forever, 5, 21, 203;
established the rights of the individual as against the
government, 6, 7;
long regarded as an unalterable fundamental law, 6-10;
limited the power of the king, 11, 12, 24-25;
denounced by the Pope, 12;
established the supremacy of the law, 14;
translated and explained in the churches, 14;
guaranteed the writ of habeas corpus, 15;
separated legislative and executive power, 16;
prevented taxation without the consent of parliament, 16-17;
the law of the land, 18-22;
jury-trial, 19, 20;
supplemented by the statute of 1354, 22-23;
justified revolution for cause, 25.

Majorities, Temporary, may yet be restrained in England, 11;
arbitrary action, 40, 124;
their alleged infallibility a dangerous doctrine, 43;
the proposal to free them from all restraints, 43;
their ever-changing opinions and desires as a rule of constitutional
construction, 45-46;
oppressive class legislation, 74, 78-79;
need to be restrained, 75;
exercise of the taxing power, 165;
would overrule the courts, 211.
_See_ Minorities.

Mallet, Monsieur, 262, 266.

Marbury _vs._ Madison, 8, 72, 100, 124.

Marshall, Chief Justice, his decision in Marbury _vs._
Madison, 8-9, 72-73, 100;
on the Constitution, 21;
on the suability of a state, 88;
on the eleventh amendment, 93-94, 95;
on restraining state officers, 113-114;
on civil liberty, 124;
on the duty of judges, 129;
unpopular decisions, 210.

Martial law, as the alternative of injunctions, 151.

Master and servant, three common-law rules changed by
Congress, 62-63, 68;
the common law to be changed by the legislature, not by the courts,
68-69, 134-135, 137-138, 155;
soundness of the common-law rules, 132-134.
_See_ Workmen's Compensation.

Mayflower, 27, 29, 30, 32, 37.

Mayflower Compact, main treatment, 27-41;
its interest to Americans, 29, 30, 31, 40;
called the first written constitution, 30;
text as preserved by Governor Bradford, 30n-31n;
its covenant for just and equal laws, 31, 35-37;
initiated republican government, 31, 40.

Minorities, English courts may yet have to protect, 11;
their protection entrusted by the founders to the
courts, 25, 43, 75, 76, 78;
secure under representative government, 40;
threatened by the short ballot, 223.
_See_ Judiciary.

Monroe, James, 186, 189, 197.

Morality, a condition of social welfare and individual
happiness, 250, 252;
taught in Catholic schools, 250, 255.
_See_ Constitutional Morality.

Natural rights, a cardinal principle of Magna Carta, 6.

New York city, tobacco workers in tenements, 49-57;
board of health, 50;
death-rate, 51;
tenement-house conditions, 55-57;
courts, 141, 142;
parochial schools, 254, 257.

New York state, constitution, 12, 19, 23, 24, 49, 258;
Court of Appeals, 50, 57, 65, 80, 138, 139, 141, 145, 146,
154-156, 212;
Bar Association, 75, 131, 140;
conflicts with the federal courts, 87;
practice as to injunctions, 148, 151-152;
population, 204, 234;
religious denominations, 256.

North Carolina _vs._ Temple, 95.

Officers, Public, responsibility of, 14, 103-106, 111, 114, 226;
fair criticism desirable, 47;
greater permanency of tenure advocated, 143;
their selection important, 221;
in New York, 222-224.

Osborn _vs._ U.S. Bank, 112-114.