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THE GREEN BAG

CONSTITUTIONAL LAW. " Some Obser vations on State Laws and Municipal Ordi nances in Contravention of Common Rights, Interfering with Individual Liberty, and Attempting to Regulate Personal Association and Employment," by Eugene McQuillin, Central Law Journal (V. lxiv, p. 209). CONSTITUTIONAL LAW (Criminal Law). "Is One Acquitted of a Crime by Reason of Insanity Deprived of his Liberty without Due Process if Ordered Committed without further Proceedings? " by W. F. Meier, Law Notes (V. x, p. 12). CONSTITUTIONAL LAW (The TreatyMaking Power). The San Francisco school incident is causing much discussion of the extent of the treaty-making power of the United States, as yet unsettled by judicial decision. Three of the recent legal magazines have leading articles on the subject. In the February American Law Register William Draper Lewis answers affirmatively the question, " Can the United States by Treaty Confer on Japanese Residents In Cali fornia the Right to Attend the Public Schools?" "In the Constitution itself we find nothing to restrain the President from negotiating, and two thirds of the Senate from ratifying such a treaty. It is not opposed to the fun damental characteristics of free republican government; it does not interfere with the liberty of the citizens of the United States; and finally, there is nothing in the nature of our federal state from which we may imply any limitation on the treaty-making power not found in the words of the Constitution." "The Treaty-making Power and the Re served Sovereignty of the States," by Arthur K. Kuhn in the March Columbia Law Review (V. vii, p. 172), adopts practically the view which led Mr. Lewis to his answer to his nar rower question. He says: " From the very nature of our government, the treaty-making power must reside centrally or nowhere. If there be a limitation upon the power of the President and Senate to enter into a par ticular treaty, the power of the entire nation has been by so much cut down. "For all practical purposes of negotiation with a foreign nation, there is no residue of such power left anywhere. Adopting the

reasoning of Mr. Butler, now reporter of the Supreme Court of the United States, we may say that as to those subjects over which it was neither proper nor practical for a state to exercise sovereignty, but which required national action for the joint or equal benefit of every state, it was impossible for any state separately, or all the states collectively, either to delegate or reserve elements of sovereignty which none of them possessed. "Whatever may have been the intention of the framers of the Constitution in respect of the reserved powers of the states within the category of national or state law, it could never have been (and the debates in the Convention so prove) to limit the central government in the exercise of its international power as a sovereign to protect and benefit the citizens of all of the states in foreign coun tries, and for that purpose, to assure recip rocal rights to aliens in all the states." "The Japanese School Incident at San Francisco from the Point of View of Inter national and Constitutional Law," by Theo dore P. Ion, in the March Michigan Law Re view (V. v, p. 326), agrees with those writers who " are of the opinion that a treaty, con trary to the Federal Constitution and en croaching upon the fundamental rights of states which have not been delegated to the federal government cannot be valid." In the immediate matter of the San Francisco school incident, Mr. Ion thinks the objection of the Japanese government to the segregation of Japanese pupils is untenable. CONSTITUTIONAL LAW (Eng.). The general assumption that the coming session of the English Parliament will witness a struggle between the two houses arising out of the recent virtual rejection by the Lords of the Education Bill, renders timely the historical analysis by G. Glover Alexander of " The Constitutional Position of the House of Lords " in the Law Magazine and Review (V. xxxii, p. 129). CONSTITUTIONAL LAW (Eng.). "The Jurisdiction of the Privy Council," by Sir Frederick Pollock, Journal 0} the Society of Comparative Legislation (No. 16. p. 330). CONSTITUTIONAL LAW (Statutes). " The Ambulatory Rule — as Viewed from the