Denver Law Review Volume 5 Issue 3 Article 2 August 2021 The Capper Resolution Nicholas Murray Butler Hans H. Wolff Follow this and additional works at: https://digitalcommons.du.edu/dlr Part of the Law Commons Recommended Citation Nicholas Murray Butler & Hans H. Wolf, The Capper Resolution, 5 Denv. B.A. Rec. 3 (1928). This Article is brought to you for free and open access by the Denver Law Review at Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. THE DENVER BAR ASSOCIATION RECORD tion as properly demanding high aca- He referred with great complacency demic requirements as a prerequisite to the enlightened and prosperous eco- for admission to the Bar. Mr. Strawn nomic condition of this country in com- defended such a policy not only in parison with other nations of the world point of theory but also by reference which had come within his personal to instances within his own experience. observation and attributed its favor- able aspects, in part at least, to the He concurred in the view of Mr. basic beneficence of a favorable form Rogers with reference to the intensive of government. growth of legal specialization and the He addressed an appeal to the mem- increasing importance of legal educa- bers of the Bar to remain steadfast in tion through law schools as necessi- their support of American Constitu- tated by that condition. He paid a tional polity. compliment to the toastmaster and Mr. In conclusion he recalled (not unin- Rogers in their capacity of professional terruptedly) and delivered the inspir- men who had dedicated themselves to ing lines of the two odes on "Oppor- educational work. tunity". The Capper Resolution (Correspondence Between Dr. Nicholas Murray Butler and Mr. Hans H. Wolff, Civil Engineer of Denver, an Alumnus of Columbia University.) Editorial Note: A large number of the fluence with their Senators and Rep- members of the Denver Bar had the priv- ilege of hearing one or both of the ad- resentatives in Congress toward the dresses recently delivered here by Dr. Nicholas lurray Butler. Because of the passage of the so-called Capper reso- legal and international aspects of the lution of which copies were furnished. Capper Resolution, the correspondence herewith published should prove of in- terest. I feel that I have a very clear un- derstanding of what you said, of what 1515 East Ninth Ave. the resolution involves, and of what Denver, Colorado, will be the consequences of our en- December 17, 1927. tering into the proposed compacts. Dr. Nicholas Murray Butler, Yet in discussing these matters with President, Columbia University, others I find that they have taken a New York, N. Y. very different meaning, and it is for My dear Dr. Butler:- the purpose of securing an authorita- It was my privilege to hear the ex- tive interpretation, which I may pre- tremely interesting addresses which sent and publicly cite, that I take this you delivered under the auspices of liberty of writing to you for certain the Foundation for the Advancement specific information of importance. I of the Social Sciences of the Univer- am sure that you feel with me that so sity of Denver at the luncheon in the momentous a change in policy as the *Cosmopolitan Hotel and at the Denver step proposed should be undertaken Auditorium on December 12th. only with eyes open and as clear an In both of these addresses you call- estimate as possible of what we may ed upon the audience to use their in- be called upon to face. THE DENVER BAR ASSOCIATION RECORD The Capper resolution reads as fol- The five countries with which it is lows: proposed to enter into such compacts are France, Great Britain, Germany, "Resolved by the Senate and House of Italy and Japan. At the present time Representatives of the United States of major impor- of America in Congress assembled, there is no question That it be declared to be the policy of tance in which the United States any one of these the United States: wants anything from countries. One or more of these coun- "I. By treaty with France and other tries do, however, object to one or like-minded nations formally to re- more of the following: the debt settle- nounce war as an instrument of pub- ments, our tariff, the Monroe Doctrine, lic policy and to adjust and settle its prohibition, our immigration laws. international disputes by mediation, arbitration and conciliation; and All of these subjects are interna- tional questions since all of them have "II. By formal declaration to accept been internationally disputed. Let us the definition of aggressor nation as take some hypothetical, but entirely one which, having agreed to submit possible, cases. Assuming that we international differences to concilia- have entered into the proposed com- tion, arbitration or judicial settlement, pacts with the five nations, that Japan begins hostilities without having done objects to our exclusion law as applied so; and to herself on the ground that it is in- "Ill. By treaty with France and other sulting, discriminatory and a possible like-minded nations to declare that the cause of war, that Japan demands a nationals of the contracting govern- change in that law and, conciliation ments should not be protected by their and negotiation having failed, insists governments in giving aid and com- upon arbitration or judicial decision. fort to an aggressor nation; and Similarly, suppose France and sub- "Ba it further resolved, That the Presi- sequently, Germany, Italy and Great dent be requested to enter into nego- Britain express dissatisfaction with tiations with France and other like- the debt settlements and demand that minded nations for the purpose of this question be reopened and left to concluding treaties with such nations, international adjudication, suppose in furtheranc3 of the declared policy that one or more of the five nations of the United States." object on economic grounds to the ex- "To adjust and settle its international clusion of their wines and that strain- disputes by mediation, arbitration and ed relations develop similar to those conciliation." that were brought about by similar No exceptions. You emphasized that circumstances not so long ago betwPen there are to be no exceptions because Norway and Portugal, suppose our to allow any would means to allow tariff again arouse antagonism as it every question to be excepted and ren- has so frequently done in the past, der the pact meaningless. Any nation and, perhaps, above all, suppose our may, therefore, begin a dispute on any Monroe Doctrine is again challenged subject and it must be settled by arbi- in a manner that we believe will jeop- tration if insisted upon. To this the ardize our national security, as for contracting parties are bound. Fur- instance through the colonization by thermore, the nation which declines one of the five nations of a large tract arbitration, not the one which causes of land with a good harbor in a neigh- the dispute, becomes the aggressor if boring country close to our border, war ensues. such as was indeed at one time re- THE DENVER BAR ASSOCIATION RECORD ported to have been attempted and to another nation to submit such ques- have been prevented only by the po- tions as those to international arbi- tential and implied threat of war. trament. Japan may feel, and does feel, aggrieved at our exclusion cf its Under such circumstances are we or people, but it would never enter the are we not, under paragraph I, by head of Japan to ask that the exclu- treaty, in honor and morally bound to sion act passed by Congress be made submit to arbitration and to abide by or judicial the award? If we decline arbitration, the subject of arbitration determination at Geneva or at The are we or are we not, under paragraph Hague. The same is true of such in- II, the aggressor nation and, if so, sub- questions as tariff duties, rates ject to the penalty provided under ternal of taxation, and the like. Great Britain, paragraph III? for example, imposes an income tax on I can see no alternative to a cate- any foreigner, including Americans, gorical yes in answer to each of these who spends more than six months out questions. If my interpretation is of twelve in that country. Such a law correct, are you and are others of your may or may not seem fair, but it is a point of view willing to risk the con- domestic British law and that ends it. sequences of the decisions rendered Our great grandfathers made a strong by foreign arbiters upon questions of fight against taxation without repre- such supreme importance to our coun- sentation, but that very principle is try? now embodied firmly in our legislation, I am, my dear Sir, both Federal and State. No man can Very truly yours, escape paying an income tax on the HHW/M (Signed) H. H. WOLFF. plea that he has not the right to vote. The debt settlements, on the other and have been NIcHOLAS MURRAY BUTLER hand, are international begin- BROADWAY AT 116TH STREET so considered by us from the NEW YORK CITY ning. They will, one of these days, be readjusted and settled, amicably I feel December 22, 1927. sure, by methods of diplomatic discus- H. H. Wolff, Esq. sion and perhaps by conciliation. 1515 East 9th Avenue, Doctrine is in a peculiar Denver, Colorado. The Monroe situation, since it is not a domestic My dear Mr.