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The Green Bag

out America finally dispelled the inveterate American Union." By Clark Bell, LL.D. delusion that law is a handicraft to be prac 27 Medico-Legal Journal 63 (Sept.). tised by rule of thumb and learned only by Legislative Powers. "The Courts as apprenticeship in chambers or offices. They have convinced the leaders of the Bar that Conservators of Social Justice." By Chief the Common Law of England is a science, Justice Simeon E. Baldwin. 9 Columbia that it rests on valid grounds of reason, which Law Review 567 (Nov.). can be so explained by men who have mas This paper discusses the question whether, tered its principles as to be thoroughly under stood by students whose aim is success in if legislation be passed "contrary to what seems to be natural right," yet not expressly the practice of the law.' "Professor Dicey goes on to point out that forbidden by the Constitution of the United the legal education at Harvard Law School States, it may be declared void by the ju diciary. So far as American judges have is not only scientific, but exceedingly prac tical. . . . 'It is the Socratic method applied asserted that it may be so declared, in not to law, and is infinitely stimulating.' The a few instances, the author believes that best evidence of the practical character of so far as these assertions disclaim the need the legal education at Harvard is that those of any assistance from the express provisions who take the best places in the Harvard Law of the Constitution they are obiter dicta. School are recognized as the most desirable The constitutional provisions bearing on this men for practical work, and as a rule secure supposed right of the judiciary are discussed under three heads: (1) the "due process of positions in offices from the first." law" clause, (2) the clause in most state Legal History. "The Equity of a Statute." constitutions granting the legislative power of the state to a legislative body, and (3) By W. H. Loyd. 58 University of Pennsyl the guaranty to each state of a republican vania Law Review 76 (Nov.) . form of government. "If the courts no longer avowedly enlarge The historical meaning of the phrase "due or restrain a statute, it is not to be denied process of law" is traced, and the expansion that the same result is accomplished by the of its meaning from that of a procedural to liberal application of principles in better that of a substantive right is indicated. The accord with the modern theory of the judi author plainly realizes the gravity of the cial functions." question what construction, in the light of history, may be placed upon the phrase. He "The Character and Antecedents of the seems cautious about accepting the doctrine Charter of Liberties of Henry I." By Henry of substantive right in the broad sense in L. Cannon. American Historical Review, v. which it was declared in Hurtado v. Cali fornia (110 U. S. 516) and in Union Transit 15, p. 37 (Oct.). Co. v. Kentucky (199 U. S. 194), giving some "As Henry's Charter is essentally similar emphasis to the doubt expressed by Mr. to the Magna Carta, though less highly de Justice Moody Twining v. New Jersey veloped, it may be likewise termed a 'deed (211 U. S. 78) asinto whether the rule exempt of grant'; so that it is extremely likely that ing the accused from compulsory the legal model of Henry's Charter, brought crimination is guaranteed by the self-in "due down through one or more preceding ex of law" provision of the Constitution. emplars, was some borough charter. May process With regard to constitutional grants of it not be that the famous charter granted to legislative Chief Justice Baldwin London by William I, at some time between reviews somepower, decisions of the United States 1066 and 1075, is the model which was followed Supreme Court, the opinions rendered in in the days of William Rufus and then of which, he observes, "rely solely on the Henry?" implications from the general nature and "The Origin of the Attorney-General." objects of free governments as serving to By Hugh H. L. Bellot. 25 Law Quarterly limit that legislative power which a state can exercise and therefore can be deemed Review 400 (Oct.). to have granted to its legislative department." "He derived his title from a period when He seems wholly to approve of the view the term was used indifferently for every one taken by the Supreme Court in Loan Asso who represented another in whatever capac ciation v. Topeka (20 Wall. 655) that consti ity. . . . From one out of many King's tutional limitations on legislative power counsel, the Attorney-General became the enable an American court to treat a statute first and only King's counsel, an'd so head of which seems to it flagrantly unjust as void. the English Bar." But the meaning of the constitutional "The Judicial History of the Supreme grant of legislative power, says Judg^e Baldwin, be better appreciated in the light of the Court of the Indian Territory: Judiciary of can interpretation to be placed on the clause the Five Civilized Tribes." By R. L. Wil guaranteeing to all the states a republican liams, of the Supreme Court of Oklahoma. form of government. He refers to Chief Justice Waite's remarks in United States v. 27 Medico-Legal Journal 42 (Sept.). Cruikshank (92 U. S. 542), wherein the "The Supreme Court of ' Oklahoma Terri latter re-asserted the doctrine of natural tory: Its Judicial History as a Territory of the rights stated in the Declaration of Independ