Page:The Green Bag (1889–1914), Volume 23.pdf/227

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Index to Periodicals to outline remedies for the delays in trying indictments, two courts being needed in the county instead of one, and the law in regard to continuances needing amendment. Criminology. See Juvenile Delinquency. Defamation. “The Panama Libel Case." Editorial. 24 Bench and Bar 43 (Feb.). "No one can deprecate more than do we the publication of false statements regarding the conduct of high public ofiicials. Their character, however, is safe in the hands of the tribunals of the states." Direct Government.

"The Present Status

of Direct Nominations." By Louis M. Greeley. 5 Illinois Law Review 403 (Feb.). Professor Greeley describes the progress of the direct nomination movement in a large num

201

Federal Incorporation. "National In corporation." By Dorrance Dibell Snapp. 5 Illinois Law Review 414 (Feb.).

This is an able, strongly fortified argument for the constitutionality of federal incorporation, great stress being laid in the principle that the right to issue federal charters is incidental to the right to regulate interstate commerce. The sharp distinction, however, made by the Supreme Court between commerce and manufacture is deemed by the author of great importance. The federal power to regulate commerce should in no way be confounded with the sovereign police power of the states, and the extension of the doctrine of implication to include federal power to create manufacturing co rations would work havoc in the Constitution and destroy the authority of the states as to all conceivable matters.

ber of states, the article being compact with

information about direct primary laws.

The

author, while he thinks the short ballot, civil

Government. "The Law and the Facts." By Woodrow Wilson. 5 American Political

service reform, corrupt practices laws and reform of criminal law and procedure more important

Science Review 1 (Feb.).

ends than direct nominations, considers the direct

primary, the logical first step in the path of reform. He believes the partisan direct rimary, cumbersome and expensive as it is, t e most promising of all nominating systems proposed as substitutes for the convention system. “The Referendum and the Plebiscite." By Yves Guyot. Contemporary Review, v. 99,

p. 139 (Feb.). Conditions in Switzerland and France are briefly reviewed. Really an argument against representative government as a denial of popular sovereignty.

“Where The People Rule." By Hon. Jonathan Bourne, Jr.

Columbian, v. 3, p. 821 (Feb.).

Describes the adoption of the initiative and referendum and the popular election of United States Senators in Oregon, who is held up as an example to her sister states. See Constitu tional Amendment. Eminent Domain.

"incidental Damage to

Personal Property in Condemnation Proceed ings." By Wilbur Larremore. 11 Columbia Law Review 147 (Feb.). Mr. Larremore thinks it doubtful whether the courts will come to allow compensation for the incidental takin of personalty involved in condemnation 0 real property, without the assistance of statutes. Outside of fixtures compensation for personal property, in the ab sence of statute, is not allowed in most juris

dictions, although its disregard is an example of arrested development and tends to nullify the constitutional purpose. Certain statutes of New York and Massachusetts which tend to relieve this hardship receive some attention, and the writer believes that the will be generally copied and their scope consi erably extended, so that constitutional questions may become important. Employer's Liability. See Workmen's Compensation.

This was the presidential address delivered at the seventh annual meeting of the American Political Science Association. The significance of the title is made clear by this sentiment: "The facts are precedent to all remedies; and the facts in this field are spiritually perceived. Law is subsequent to the facts, but the law and the facts stand related, not as cause and effect, but, rather, as life and its interpretation." The following extract is suggestive:— “I do not like the term political science. Hu man relationships, whether in the family or in the state, in the counting house or in the factory, are not in any proper sense the subject matter of science. They are stuff of insi ht and sympathy and spiritual comprehension. prefer the term politics, therefore, to include both the statesmanship of thinking and the statesmanship of action.

Your real statesman is first of all, and

chief of all, a great human being, with an eye for all the great field upon which men like him self struggle, with unflagging pathetic hope, towards better things. He is a man big enough to think in the terms of what others than himself are striving for and living for and seek ing steadfastly to keep in heart till they get. He is a guide, a comrade, a mentor, a servant, a friend of mankind. May not the student of litics be the same? May not his eye, too, ollow the dusty roads, scan the scattered mass, observe the crowded homes, heed the c of the children as well as the silent lay of t e busy fingers that toil that they may be fed, follow the lines of strain, of power, of sufierin, get a vision of all the things that tell; and t en, with no

precise talk of phenomena or of laws of action, interpret what he feels no less than what he sees to the man of action, too much engrossed,

it may be, to see so much or over so wide a field, too much immersed to hear any but the nearby cries and clamors, too eagerly bent u n his immediate task to scan the distant view" "A Definition of Liberty." By Isaac L. Rice. Forum, v. 45, p. 267 (Mar.).