Page:The Green Bag (1889–1914), Volume 19.pdf/658

 EDITORIAL DEPARTMENT

CURRENT

LEGAL

621

LITERATURE

This department is designed to call attention to the articles in all the leading legalperiodicals Of the preceding month and to new law books sent us for review. Conducted by William C. Gray, of Fall River, Mass. With the law school reviews still taking their summer vacation and the quarterlies from across the Altantic digested in last month's Green Bag the material for this department is exceptionally scanty. Nor can it be said that the articles are of exceptional importance. Brief mention only is given, therefore, in nearly every instance. ADMINISTRATIVE LAW. " Conclusive ness of Administrative Determinations in the Federal Government," by Thomas Reed Powell, August American Political Science Review (V. r, p. 583). BANKRUPTCY. " The Bankruptcy (Scot land) Bill, 1907," by "W. W," Scottish Law Review (V. 23, p. 248). BIOGRAPHY. In the September Home Magazine (V. 22, p. 14) is an illustrated account of " American Women Lawyers," by Stella Reid Crothers. BIOGRAPHY (Choate). In the September Putnam's (V. ii, p. 734) is an appreciative sketch of " Joseph Hodges Choate: Jurist and Statesman " by William A. Purrington. It is full of delightful examples of brilliant repartee, quoted from the speeches of the subject of this sketch. BIOGRAPHY. " John Jay and the Treaty of 1794," by Gerry W. Hazleton, August American Lawyer (V. xv, p. 365). BIOGRAPHY (Taft). In the September World's Work (V. xiv, p. 9349), Eugene P. Lyle, Jr., continues his account of " Taft: A Career of Big Tasks." This article described the work of Judge Taft on the Bench, and contains attractive illustrations. CARRIERS. " Bills of Lading in Interstate Commerce," by Thomas B. Paton, August American Lawyer (V. xv, p. 373). The author who is counsel for the bill of lading committee of the American Bankers' Association, expounds at length the difficulties in lending money on bills of lading in the present chaos of state laws. The carriers by alteration of the forms can do much to make such loans safer, but the matter calls for legislative regulation, preferably by Congress is the

writer's opinion. The article closes with a rdsumd of the bill introduced to Congress last year at the instance of the bankers' committee. CONSTITUTIONAL LAW. "The Powers of the States of the Union and the Necessity of Preserving and Exerting them," by the late Senator J. T. Morgan, North American Review (V. clxxxvi, p. 34). CONSTITUTIONAL LAW. "The North Carolina Imbroglio," by Joseph Culberson Clayton, August American Lawyer (V. xv, p. 37 1 ). Condemning the attitude of Governor Glenn. CONSTITUTIONAL LAW. "On the Im plied Power to Exclude ' Obscene ' Ideas from the Mails," by Theodore Schroeder, Central Law Journal (V. lxv, p. 177). Arguing that Congress has no implied power to enact the present postal laws against " obscene " lit erature, although as the author says: "Three thousand lawyers have been em ployed by the defendants in as many cases, and none of these have thought it worth while to question the existence of such a power." Congress has power " to establish postoffices and post-roads " and " to make all laws necessary and proper " to their establish ment. "It has never been claimed nor even imagined or dreamed, that the postal regula tion against ' obscene ' literature is of the remotest consequence as a means to the maintenance of post-roads, or that such regu lation is of even the remottest conceivable use to the postal system as such. On the con trary, both judicially and otherwise, it has been stated, again and again, that the only purpose of that regulation was to control the