The Green Bag
256
with the legislatures pressing upon the courts from one side and Brivate interests from the other, who could dou t?"
See Administrative Law. Elections. See Parliamentary Reform. Employers‘ Liability. See Workmen's Compensation. Federal and State Powers. See Interstate Commerce, Federal incorporation. Federal Incorporation. “Federal incorpora tion; the Power of Congress to Charter inter
state Commerce Corporations." By Sidney D. Moore Hudson. 26 Political Science Quarterly 63 (Mar.). A very able, and in fact authoritative argu ment, in support of the legality of federal in corporation, but the writer is possibly somewhat radical in maintaining that manufacturing as well as transportation companies are within the scope of the measure.
General Jurisprudence.
See Corporations,
Government. “A National Constitutional Convention." By Edward L. Andrews. Forum, v. 45, p. 385 (Apr.).
The author proposes a convention to remodel the federal Constitution. He takes up one by one the reforms to which a new Constitution should give effect: broadening of the federal power with respect to commerce, increased power as regards banking, enlarged federal control over forests and irrigation, extended powers of Congress over copyrights and patents, the abolition of the electoral college, national su ervision of education, etc. ‘Original jurisdiction in the Supreme Court over constitutional questions would obviate the uncertainties and delays now incident to the progress of such controversies through the inferior courts. They are ultimately submitted to the tribunal of last resort, and indeed this result is now sought through fictitious proceed ings. When John Marshall took his seat there were only twelve cases on the docket; now they are numbered by hundreds. This class of fundamental questions involves consequences too pervading to admit of the ordinary tardiness of adjudication." See Administrative Law, Direct Government, Federal Incorporation, Interstate Commerce, Local Government, Nationality, Parliamentary Reform.
Immigration. “Needed —A Domestic im migration Policy." By Frances A. Kellor. North American Review, v. 193, p. 561 (Apr.)
such established schools under Boards of Edu cation, attesting qualifications for the granting of the various papers. . . . “The grmt need is that the Government representatives — federal and state — should get together and enumerate clearly the rin ciples of a domestic policy and then set a at patiently and courageously to work it out, each state according to its needs." See Aliens. International Peace. "The Rise of the Peace Movement." By James L. Tryon. 20 Yale Law Journal 358 (Mar.). The second of a series of articles by Dr. Tryon, covering the recent history of the movement, exclusive of the work of the Hague Conferences. Interstate
Commerce.
"The
Exclusive
Power of Congress over Interstate Commerce." By Charles W. Needham. 11 Columbia Law Review 251 (Mar.).
“in the great opinion of Chief Justice Marshall [Gibbons v. Ogden], he approaches the question with a logic which we may sincerely regret was not carried to a conclusion and applied to the solution of this problem, and “‘ln discussing the question, whether this power is still in the states, in the case under con sideration, we may dismiss from it the inquiry, whether it is surrendered by the mere grant to Congress, or is retained until Congress has exercised the power.‘ “This fatal suggestion has bred a disturbing progeny of obiter dicta and in some instances, we believe, unsound law." After reviewing the authorities, the writer considers that the true rule of delimitation should be the following: “if the commerce is foreign or interstate or with the Indian tribes, then the absolute and exclusive sovereignty over it is in the federal government. if the commerce is intrastate, then the state is the absolute and exclusive sovereign over it. The police power is solely in the state and may be exercised over all commerce within the state. in the exercise of these particular wers either government may reasonably bu en, but not destroy, the commerce of the other. Such burdens enforced by a state in the exercise of its exclusive powers will have to be borne by inter stare commerce until Congress regulates the particular matter." See Federal I ncorporation. Jurisdiction.
See Practice.
Juvenile Delinquency. “The Future of the Children's Court." By Franklin Chase Hoyt, Judge of the Court of Special Sessions, New York City. Editorial Review, v. 4, p. 227 (Mar.).
“it is conceivable that the time will come when a rt of the immigration policy of the states will be the establishment of schools of citizenship with regular and graded courses in both English and civics not only to meet natural ization requirements, but to meet industrial
if we ma be permitted to picture to ourselves the semb nce of the Court as it will exist in the
requirements.
There is no reason why the
years that are to come, it might resemble this:
work of the courts should not be dihgnified and
A Court of great responsibility and of many activities. which will become an institution not
simplified by the acceptance of certi cat-e9 fmm
“The ultimate future of the Court is, as l have said, beyond our understanding. But
