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tribe may by invitation be the celebrant of any rite, and "need not of necessity belong to the cOtem with which the ceremony is concerned." In fact, the various clans which compose the tribe have come to " pool " the whole of their cults. Thus the transition from totemism, as it is known elsewhere, to polytheism is here more than half accom- plished.
5. That the ritual immolation and the sacramental meal are especially intimately connected with the sanctity of domesticated animals, and that such rites go back to times when the animals in question were rather domesticable than as yet domesticated, are propositions also generally admitted. And at the same time, it is maintained, the animals were totems. — F. B. Jevons, "The Place of Totemism in the Evolution of Religion," in Folk Lore, December, 1899.
A Plan for Controlling the Trusts. — As an example of one of the mos glaring abuses connected with the trusts the present situation in New Jersey may be cited : Under the laws of that state, which make it impossible for the taxing authori- ties in other states to get at the New Jersey stock held by residents of their respective states for the purposes of taxation, fifteen thousand trusts, combinations, and other corporations are today operating with an aggregate stock legally issued for upward of 88,000,000,000. As the total coin currency of the world is only about $7,600,000,000, it will be seen that the little state of New Jersey has authorized the issuance of stock by corporations to a greater amount than that of all the gold and silver money of the whole world ; to such an extent is the unbridled capitalization of stock being carried. On the 2 1st of last September the trust conference of state governors and attorneys- general at St. Louis suggested by resolution "the enactment and enforcement, both by the several states and the nation, of legislation that shall define as crimes any attempted monopolization or restraint of trade in any line of industrial activity, with provisions for adequate punishment both of the individual and the corporation that shall be found guilty thereof; punishment to the corporation to the extent of dissolu- tion, an efficacious system of reports to state authority by corporations, and the strict examination of all such as are organized under its laws; the prevention of entrance within a state of any foreign corporation for any other purpose than interstate com- merce, except on terms that will put it on a basis of equality with domestic corpora- tions, making it mandatory upon foreign corporations to procure state license as a condition precedent to their entry; the enactment of state legislation preventing cor- porations created in one state from doing business exclusively in other states ; provid- ing that no corporation shall be formed in whole or in part from another corporation, or hold stock in another corporation engjiged in similar or competitive business ; recommending that each state pass laws providing that no corporation which is a member of any pool or trust in that state or elsewhere can do business in that state ; that the capital stock of private corporatiolls should be fully paid up, and that share- holders shall be liable to twice the face value of the stock held by each." It may be conceded, for the sake of argument, that these remedies would be efficacious if they could be enforced ; but it seems certain that they could not, since the courts have come to assume the real paramount power over legislation in the country. State statutes on this subject have recently been set aside by the supreme court (in the case of Reagon vs. Farmers' Loan and Trust Co., 154 U. S. 362), because, in the opinion of the court, they "were unreasonable and unjust." Now, in Art. 3, sec. 2, of the federal consti- tution there is a largely unused provision governing the action of the supreme court as follows: "In all cases affecting ambassadors, other public ministers, and consuls, and those in which the state shall be party, the supreme court shall have original jurisdiction. In all other cases before mentioned, the supreme court shall have appel- late jurisdiction both as to law and fact, with such exceptions and under such REGULATIONS as the Congress shall make." What we need is that Congress shall use this prerogative and except some of these subjects of appellate jurisdiction from being exercised by the court. Then we may hope to have legislation which the country needs, successfully exercised by the legislative department of the government. — Sylvester Pennoyer, "How to Control the Trusts," in American Law Review, November-December, 1899.
Influence of Railway Discriminations on Industrial Corporations. — A
monopoly is, by its derivation and in its simplest definition, the giving to one in the
