Page:The Green Bag (1889–1914), Volume 22.pdf/364

 342

The Green Bag

authority, it must be regarded as established that Congress has such power, which was notabl exercised in authorizin the construc tion 0 the Paciﬁc railroads. See California v. Central Paciﬁc R. R. C0., 127 U. S. l,

1888.) . . . _ “There has existed a wides read im res sron that much confusion woud result mm the application of diverse rules in different states to, for instance, a railroad corporation engaged in interstate commerce. . . . But I incline to think that this apprehension is without sufficient basis. Those enga ed in interstate commerce are already, an long have been subject to diverse rules in different states, without serious inconvenience neces sar'il resulting. . . . “ h, then, should not a state be allowed enera y power to regulate interstate and me: commerce, untrammeled by any su pose prohibition in the commerce clause." Government. "Nulliﬁcation by Indirec tion." By James M. Beck. 23 Harvard Law Review 441 (Apr.).

A short abstract of this pa r, which was read before the Rhode Island ar Association last December, will be found in 22 Green Bag 56, The paper treats of the manner in which the constitutional distribution of powers be tween the nation and the states has been dis regarded by Congress and the Supreme Court. British Constitution. "The New Parliament and the House of Lords." Edinburgh Re

the turn of the House of Lords to be reformed in conformity with the necessities and ideas of our own time; and if English statesmanship is not very inferior to that of past da 5 the country should ultimately get a cond Chamber far better suited than the present one to rform the very important functions that be ong to it." "Revolution or Reform." Editorial. Quar terly Review, v. 212, no. 423, p. 586 (Apr.).

"The immediate duty of every patriotic citizen is to guard the Second Chamber against the attack that threatens it, and to stand

for the cause of reform as against that of revolution. It is to this broadly outlined policy that the Unionist party is committed." “Episodes of the Month: Lord Newton's Speech." Editorial. National Review, v. 55, p. 199 (Apr.).

"The Duke of Northumberland called atten tion to one reat disadvantage they labored under, name y, the popular idea that the House sitting as a branch of the legislature, and the House sitting as a Court of Law, were one and the same assembly. Conse uently the House of Lords was credited with t e decisions in the T017 Vale and the Free Church of Scotland cases, and also, we may

add, in the recent case depriving trade unions of the right of enforcing a compulsory levy on their members for Parliamentary pur poses. The Court in this latter case was, unfortunately, presided over by Lord Hals'

view, v. 211, no. 432, p. 511 (Apr.).

bury, as, for one reason or another, the Lord

"In this rationalizing age it is impossible to justify to a public audience the soundness of a purely hereditary basis for a legislative assembly. In the multitude of legislatures founded by Englishmen and their descend ants in various parts of the world, the heredi tary princi le has found no place. In former times in 11 land the House of Lords stood for a great act. The magnates of whom it was composed possessed great power, to which fortunately the Constitution gave legitimate expression. It has been the signal merit of our Constitution that it has been capable of modiﬁcation so as to keep abreast of the facts. In this twentieth centu of ours

Chancellor stood down, and this decision was used at the last election to poison the whole trade union vote against the Unionist part because it was re resented as the handrwor of a Tory Lord ancellor. "Among many reforms needed at the res ent time is the com lete separation o the judicial functions of t e House of Lords from its le 'slative functions. But how can this be e ected, so lon as the Lord Chancellor presides over the egislature_ and the judi ciary, is a member of the Cabinet of_ the day. and, as such, is expected to take 1115 part In controversial politics? We feel sure that‘cur Olympians have no idea of the immense injury which has accrued to the Unionist party at the last two elections from this most unfor tunate arrangement, of which we have never heard any serious defense, and WhlCh to un sophisticated outsiders would a pear to a violation of the whole spirit 0 our institu tions." See Elections, Federal and State Powersv

Great Britain, like the United gtates, like

Canada, and like our other t colonies, can only be governed by the frank acceptance of democratic principles. We have to recon cile old forms with modern sentiment and habit of thought. Everywhere the theory that one man is as good as another is recog nized as lying at the base of modern consti tutional systems. . . . “As we have said, everywhere nowadays, and in the House of Lords itself, men accept

democracy. Yet the formal constitution of that Chamber has remained unchanged. It reﬂects much credit on the 00d sense of the country and of the Peers t emselves that a continually reformed House of Commons and an unreformed House of Lords should have been able to work so lon side by side, and on the whole satisfactori y. It rs now

Judicial Interpretation, Legislation, Local Gov ernment, War Claims. History. See Legal History, Taxation. Income Tax. See Taxation. Insanity. See Medical Jurisprudence. Interstate Commerce. "The Application of the Commerce Clause to the Intangible." By Frederick H. Cooke. 58 Univ. of Pa.

Law Review 411 (Apr.).