Reviews of Books public policy, because of its temperamental preference of arbitrary to analytical proposi tions. Many American citizens, doubtless, con sider that they live under the laws of nature not less than of men, and deduce from the principle of human equality some one of these corrollaries: popular nominations, popular amendments to the Constitution, extension of the initiative and referendum, unrestricted immigration, substitution of state for federal regulation of commerce, popular election of Senators, and woman suffrage. But the science of political institutions has made such progress that modern culture on the whole abandons the theory of a state of nature held by Locke, Rousseau, and the idealists of democracy. Most contemporary politi cal discussion recognizes the intricacy of social and political phenomena, and realizes that the theoretical equality of men, though desirable, may not be wholly practicable in actual life. The various parts of every society act and react upon one another. The strong inevitably influence the weak, hence political equality must to some extent, at least, be a legal fiction. As Mr. James Bryce declared in his president's address before the American Political Science Association:— "The multitude has neither the knowledge nor the time nor the unflagging interest that are needed to enable it to rule . . . The excellence of a democracy largely depends on the extent to which the number of those who really rule by virtue of their intelligence and their activity can be increased, so whatever stimulates these qualities strengthens a demo cratic government and raises its quality." We intend no injustice to Professor Schouler when we say that notwithstanding a modera tion of tone that belies a harsh characteriza tion, he belongs among the dogmatists rather than among the moderates. Without taking up an extreme position or assuming an attitude undignified for a scholar, he adopts the unscientific terminology of natural, political, and civil rights, thereby importing a fanciful construction into his definition of the funda mental prerogatives granted citizens by the Constitution. He wrongly reads the Consti tution in the light of the Declaration of Independence, which is a legal document only in so far as it asserts the dignity of the English common law. His book illustrates a tem peramental tendency to dogmatize, in his endorsement of such principles as those of the popular nomination of Senators and the extension of the initiative and referendum.
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Candor demands recognition of the fact, however, that Mr. Schouler is not on the whole extreme in his attitude toward novel phases of democratic idealism. Caution and discretion restrain his pen, and make his dis cussion of current questions readable and helpful. There is brightness of observation in this book. Note for example what he says regarding the fitness of the Anglo-Saxon race for democratic institutions (p. 262) :— "Some have held . . . that of all men the British-born has ever been strongly reluctant to concede anything Uke a social equality. But this is exaggeration. It is rather in his strong individuality, in his sturdy personal regard for the independent rights of himself and his household, that the Anglo-Saxon has figured historically, in contrast with the more sympathetic, submissive or emotional types of continental Europe. The Englishman dis dains others or remains indifferent to them until a better acquaintance and intercourse has compelled his respect; but he is not impervious to impressions. And he has, withal, a conscience and a profound sense of justice." COSTIGAN'S MINING LAW Handbook on American Mining Law. By George P. Costigan. Jr. West Publishing Co.. St. Paul. Pp. xiv, 765; appendices, table of cases, index. ($3.75.) A good work on mining law, such as will meet the joint needs of student and practi tioner, has long been somewhat of a desidera tum, and Mr. George P. Costigan, Jr., Dean of the College of Law of the University of Nebraska, has met this want in an authorita tive treatise recently published in the useful Hornbook series. The "Hornbook" plan throws the rules and principles of law into black-letter paragraphs which, taken together, present a skeleton outline of the whole topic. The value of this book can be inferred merely from the qualifications of the author, who has lived in mining camps, has practised law in the mining law states of Colorado and Utah, and has had several years of experience as a teacher of mining law. Examination of the volume will confirm the impression of its learning and industry. While the author acknowledges his indebted ness to predecessors, in particular to the authors of Morrison's Mining Rights and Lindley's Mines, he has put a vast amount of his own labor into the book, filling 535 com pact pages with lucid information and orderly discussion of the various topics. The scope and symmetry of the treatment are indicated by the following list of chapter headings:— ^ 1. The Origin and History of American Mining Law.
