Page:The Green Bag (1889–1914), Volume 23.pdf/163

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Index to Periodicals all the coal underneath a certain tract there is no implied reservation of the right to support. "It involved a question of land law, and land

law cases are the very ones in which the court has been especially slow to decide otherwise than does the state tribunal. If the majority of the court, however, will not today proceed thus to limit the effect of their unfortunate decisions,

if they will still adhere to the rules which have let in this chaos, is not the only course open to the opponents of these decisions to keep on dis senting and protesting in the hope that new blood on the bench may yet some day see that the true course is to follow the state courts and thus at once largely rid our system of the horrid and disgraceful confusion which has grown up?" Federal Incorporation. "Federal Incorpora tion and Control." By Frank B. Kellogg. 20 Yale Law Journal 177 (Jan.). "What is an instrumentality of commerce? It is not merely the cars and engines used for transportation, or the roadbed and tracks on which they run. The corporation by which the commerce is conducted, as was decided in the Northern Securities case, is in itself an instru

mentality, and Congress may regulate all the machinery of such a corporation, whenever it enters into interstete commerce. . . . "In Gibbon: v. Ogden, Chief Justice Marshall settled for all time the supremacy of the federal power over interstate commerce. He held that the power was plenary and exclusive of state control or interference; that when necessary to efl'ectuate the regulations adopted by Congress, the exercise of the power does not stop at state lines, nor yield to the power of the state, even though exercised in the regulation of its purely internal affairs; that, while conceding to the states exclusive jurisdiction over their internal affairs-such as municipal control, taxation,

the control of purely internal commerce—yet, whenever state laws or regulations come into conflict with the exercise of the power com mitted to Congress, necessary to the control of intfgstate commerce. the state regulations must we . "It cannot at this day be disputed that Congress

139

joinder." By Sir William Lee-Warner. 27 Law Quarterly Review 83 (_Ian.). A reply to Professor Westlake's review of Sir William's book (22 Green Bag 702). The con troversy over the point whether the relations of the native states are governed by international

awk is thus summed up by Sir Frederick Pol

oc : — “The residual fact seems to be that the rela tions of the Government of India and the Native States are governed by a body of con vention and usage not quite like anything else in the world, but such that in cases of doubtful interpretation the analogy of international law may often be found useful and persuasive." Mexico. "Federal Control in Mexico." By Norman D. Harris. 20 Yale Law Journal 202 (Jan). "Altogether the federal government of Mexico has made an enviable record — worthy of any nation — but this is only a beginning. Mexico is a nation in the making. She is still in that ilmnéa'ture stage between childhood and man oo . ' New York State. "Power of the Governor to Remove Local Elective Ofl‘icials."

Editorial.

24 Bench and Bar 1 (Jam). 1 Written from the point of view of New York aw. See Direct Legislation, Federal and State Powers, Interstate Commerce, Supreme Court. International Arbitration. "A World Treaty of Arbitration." By James L. Tryon. 20 Yale Law Journal 163 (Jan). The first of a series of seven articles by this author on subjects of international law. "A world treaty of arbitration is what the world wants and what the world will have. It only remains for the friends of peace to kee up an earnest agitation in behalf of the treaty rom now on to the Third Hague Conference. This agitation should be carried on in all the states from Greece to Japan that abstained from vot ing for or that voted against the treaty. But

may create federal corporations for the purpose of

Germany should be labored with most of all,

carrying out any of the powers specifically con

as her influence against the treaty was para mount in 1907, particularly with her Italian and Austria-Hungarian allies, which may again be inclined to hold together with Germany against the measure." "Arbitration Tribunals Still Useful." By Francis W. I-Iirst, editor of London Economist. Advocate of Peace, v. 73, p. 8 (Jam). Address delivered at the Conference of the Society for the Judicial Settlement of Inter national Disputes, Dec. 16. “Some Considerations as to International Arbitral Courts." By Jackson H. Ralston. Advocate of Peace, v. 73, p. 11 (Jan).

ferred by the Constitution of the United States." See Interstate Commerce, Public Service Cor

porations. Government. "The Gerrymander." By Henry F. Griflin. Outlook, v. 97, p. 186 (Ian. 28). An animated and also highly informing account of the nature and history of this curious animal. Canada. "Canadians and the Privy Coun cil." By W. S. Deacon. 31 Canadian Law Times 6 (jam). Following up his recent criticism of Gordon v. Horne, the author thinks it a shame that the Supreme Court of Canada should be a supreme court in name only. India. "The Native States of India — A Re

Address delivered at the Conference of the

Society for the Judicial Settlement of Inter national Disputes, Dec. 16, 1910. "Interstate Controversies in the

SuPI'eme