Page:The Green Bag (1889–1914), Volume 19.pdf/393

 364

THE GREEN BAG

Turkey, and of questions in the conflict of laws in relation thereto. To be continued. CONFLICT OF LAWS (Renvoi). "La Theorie Du Renvoi," by A. Laine professor in the Law Faculty of Paris, in the Revue De Droit International Privi (V. iii, p. 43) con tinues a discussion of the renvoi theory begun in the preceding number and to be still further continued. CONFLICT OF LAWS (see Corporations, Status Abroad). CONSTITUTIONAL LAW. *' Regulation of Commerce under the Federal Constitution," by Thomas H. Calvert. Northport, N. Y., Edward Thompson Company, 1907, pp. xiv, 380. 8 vo. This book is a straightforward summary of the more important phases of the vital problem of the possible regulation of Interstate Commerce under the Federal Constitution. One is pretty certain to find the principal decisions on salient points, especially the many cases of very recent years when so much has been settled and so much unsettled. On controverted points the author is cautious at all times, although he duly indicates his opinion; for example, he finds grounds for believing that Congress has power to provide for the fixing of the rates for interstate carriage, although he points out the constitutional guaranties against confis cation under the guise of regulation. CONSTITUTIONAL LAW. "The Federal Power over Carriers and Corporations." By E. Parmalee Prentice. New York, The Macmillan Company, 1907, pp. xi, 244. 8 vo. Those who believe that governmental prob lems are settled in the end by public opinion will welcome to the discussion of any funda mental question every sincere presentation of any serious view. In particular it is desirable that both the conservative position and the progressive program should be adequately set forth so that the ultimate decision may have much moderation in it, if not, indeed, some compromise. Of the crucial importance of the pressing problem of federal power over the instrumentalities of commerce there can be no doubt. Our whole scheme of govern ment, if not our whole conception of liberty, depends upon the outcome. In the discus sion of this issue no one is better fitted, both

by temperament and training, than Mr. Pren tice to present the conservative side of the argument. In this concise work he gives a partial, but not often prejudiced, account of our legislative policies and judicial opinions from the adoption of the Constitution to the present day. It must be admitted that to a considerable extent the strict limitations upon federal power, which he so consistently urges, were once prevalent doctrines although never unopposed. Upon all issues contested at the present time, Mr. Prentice takes this conserva tive position that the primary relations of interstate carriers and interstate traders are to the state in which they are operating at the time, and that Congress is concerned only with the exercise of the one function of inter course. To the present reviewer, however, it seems that all the signs of the times point a different solution and that the federal power over carriers and industries already extends as far as Mr. Prentice obviously fears it may. CONSTITUTIONAL LAW (Judicial Power). "The Function of the Judiciary," by Percy Bordwell, in the May Columbia Law Review (V. vii, p. 337) is the first of two articles on "that peculiar contribution of the United States to law and political science —- the function of the judiciary to declare legislative acts in operative because unconstitutional." The principles laid down by the Supreme Court in Juilliard v. Greenman, 110 U. S. 421, furnish the text for the author " as showing the limi tations which the Supreme Court has placed on itself in its function of declaring acts of Congress unconstitutional." These proposi tions are laid down in the case : "(1) that grants of power in a constitu tion are not to be construed by the same rules as powers of attorneys or trust deeds; (2) that subject to the prohibitions of the Constitution, the powers granted in the United States Constitution are to be inter preted in the light of the practice of civilized nations; (3) that political questions should be left for the political departments. These are perhaps but phases of the same subject, but it is believed that their separate treatment will be advantageous in view of the important bearing they have on the questions of the day. Only the first of these will be considered here, as the second and third need extensive treat