Review of Periodicals American peo le generally, are beginning to cut loose mm the domination of the ‘bosses’ and to treat municipal government as primarily a business and not a political pro lem ut this movement will have to develop far more strength and constancy than it has done so far if it is to win more than a casual victo or to endanger Tam many's security at a permanently.‘ See Adjudication, Courts, Federal and State Powers, Property and Contract; for Fifteenth Amendment see Status. Interstate Commerce. "Highways of Prog ress, III; A Lost Opportunity on the PacifiwI-Iow the United States Began to Capture the Trade of the Orient—l-Iow It was Lost-What Can be Done to Recapture It." By James J. Hill. World's Work, v. 19, p. 12482 (Jan). "Because this count can produce cotton. grain, iron ore, and coa cheaper than others.
there are some thin s that, with low freight rates, we could lay own in Japan and China for less money than any other country can. . . . "After this development was well under way. the future depended almost entirely upon the attitude of the overnment and the ggople . . If exceptiona ly low rates had to given on a line of business or a heav consignment, to take it away from the Britis or German or Belgian competitor, they were given. . . . "But the making of low rates to secure forei business was stopped. It was de cide that the portion of a throu h rate which applies to transportation wit ‘u this country-that is, the portion covering the distance from the point of origin of foreign bound freight to its port of shipment-is subject to regulation just the same as com merce wholl within the United States. The railroad an the steamship could no longer act as partners." "Government Regulation of Wealth." By Reuben D. Silliman. 990 (Dec. 25).
Outlook,
v.
93,
p.
"The recognition of the full legislative power of Congress over all commerce which is in fact national in character would tend to bring about more uniformity of law and greater simplicity in its inforcement. It would mean the unfettering of the power to deal directly with out industrial and trans portation problems. It would mean the ability to sto abuses, the abridgment of subtlety, and t e end of a reign of complicated negation. It would mean more certainty and expedition in the courts, and, what is of at
least equal importance. the separation of legislative from judicial functions. We shall never reach the root of the trouble until we have a legislative body with full wer to express the people's will in the fied of National commerce. The Dred Scott decision forced the Civil War, and this country knew no peace until it had been done away with. Nor shall we be relieved of the bane of com
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plicated iniquity until we have turned back to first principles. We are no longer thirteen separate communities. We have grown into one t nation. In commerce, industry, language, and literature we are one people. But in the eye of the law, save for certain limited purposes, We are forty-six foreign and independent sovereignties!’ See Common Carriers, Property and Con tract.
Judioial Interpretation. "Judicial Eva sion of Statutes." By George Bryan. 15 Virginia Law Register 577 (Dec.). "The legislature of Pennsylvania in 1855 enacted a statute avoiding a devise or legacy ‘to an person in trust for religious or charita le uses’ if made within one calendar month of the testator's death and escheatin to the commonwealth all property ‘held contrary to the intent of this act.’ "What did the legislature of Penns lvania intend to accomplish by its act of 1855 There can be but one answer to the question, which is too obvious to require statement. The condition of the law in that state today is that the Act of 1855 has gone to the large and constantly increasing cernete of statutes which have been construed in w ole or part out of existence. Peace to its ashes." Medical Jurisprudence. See Privileged Communications. Monopoliea. "The Defects of the Sherman Anti-Trust Law." By Gilbert Holland Montague. 19 Yale Law journal 88 (Dec. ). "This decision [in the Northern Securities case], which had been va ely foreshadowed in the Trans-Missouri reighl Association case, produced widespread consternation. Its effect, to borrow a phrase of Edmund Burke, was to indict the whole American
people. It outlawed almost every industrial concern of first importance. . . . “Court dockets . . . are inadequate to plortray the fury of this anti-trust crusade. ewspapers and magazine writers fed the popular imagination with sensational stories of industrial leaders and business enterprises The chief burden of the President's political utterances was the subject of trusts. . . . State legislatures, meanwhile, rivaled each other in harassing large co rations. . . . "The purpose of the S errnan Anti-Trust Act was to further free competition. The defect in the Act consists in its sweeping prohibitions which stultify this purpose by preventing certain of the most normal agencies of competition. . . . “Large business, and the tem rary tri um h over competition which it implies. is the crown of competition. The exclusive enjoyment which the successful competitor seizes for the moment is monopoly only in the sense that the fleeting ownership of the trophy winner is monopoly. Even though the skill of the successful competitor lengthens the span of enjoyment, it is at the cost of defending his prize and not in any true sense through monopoly. . . .
