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THE GREEN BAG
Under the head of " Boarding a Street Car as a full day's labor in the absence of any or Omnibus " he criticises a recent Massachu contract between the parties. setts decision that, though the car stops in "(2) Those which fix the hours of adult response to a signal, the person for whom it laborers and prohibit contracts for longer hours stops does not become a passenger until he without special rates or pay for overtime. reaches the vehicle. In this case an approach "(3) Those which fix the hours of labor of ing passenger was hit by a falling sign. The persons not fully sui juris, as minors, or in author thinks there is really no proper dis some states woman of all ages. tinction between the person who has not yet "(4) Those which fix the hours of labor put his foot on the step and the person who has under the police power in occupations especially just done so. The consensual relation dates dangerous or unsanitary, or in which the safety from the moment of mutual consent, that is, of the public is especially concerned." from the moment of response to the signal. So far as the public is concerned, he finds CONSTITUTIONAL LAW. " The Law of that the makers of bread should be guarded the Constitution in Relation to the Election of no more than the maker of the ingredients that a President " by J. Hampton Dougherty, an go into the bread, and he sees no greater danger address before the New Jersey State Bar Asso to the baker than in many other trades, and ciation, is begun in the January American praises the attitude of our Supreme Court in Lawyer (V. xiv, p. 21). viewing " with disfavor the intrusion of CONSTITUTIONAL LAW. " The Constitu governmental force and inquisitorial power tionality of State License Laws for the Privi into private life and business, except in cases lege of Doing Business, Involving Classifica where the public interest is plain and palpable." tion and Discrimination," by Eugene McQuilCONSTITUTIONAL LAW (Unwritten Con lin, Central Law Journal (V. 62, p. 124). stitutions). A very suggestive article by CONSTITUTIONAL LAW ( Liberty) . "Chris Judge Emlin McClain entitled " Written and tian Science and Religious Liberty " is dis Unwritten Constitutions in the United States," cussed by Edward W. Dickey in the February appears in the February Columbia Law Michigan Law Review (V. iv, p. 261). He Review (V. vi, p. 69). The author first ex insists that Christian Science healing is a plains the difference between the modern con religious belief and not a practice of medicine. ception of unconstitutional statutes which the That since freedom of religion is granted by courts may declare void, and the old colonial nearly all of our constitutions, the various and English conception of unconstitutionally, statutes which have been passed to restrict which, owing to the absence of a written this practice under the guise of preventing constitution, the courts could not enforce. spurious medical treatment, are unconstitu Under our recent decisions respecting the tional. He further says that the denial of applicability to the Philippine Islands of the the right to choose one's own physician is an limitations of the amendments to the Federal unconstitutional restriction of liberty. Of the Constitution, the author finds a necessity for more important subject of the treatment of reverting to this conception of constitutional children, he merely says that the parent is the law in our own jurisprudence. Though our courts have frequently been asked to go best judge. CONSTITUTIONAL LAW (Police Power). The beyond the construction of the written instru case of People v. Lochner is again discussed by ments, and to declare the general purposes for S. Whitney Dunscomb, Jr., in the February which constitutional governments in the Amer Columbia Law Review (V. vi, p. 93) under the ican sense are created, and impose restrictions title of " Police Power and Civil Liberty." He not warranted upon most liberal interpretation, classifies legislation of this sort as follows: they have always emphatically declined. The "Legislation in the several States of the reasoning which has held that the fifth and Union attempting to regulate the hours of sixth amendments do not apply to our terri labor, may be grouped into four classes, as tories would logically include the other similar follows : amendments. While there are dicta to the "(i) Those which fix what shall be regarded effect that the two amendments above speci
