Page:The Green Bag (1889–1914), Volume 22.pdf/736

 The Green Bag

702

Economics. "Professor Norton's Law of Progress." By Professor T. N. Carver of Harvard University. Popular Science Monthly, v. 77, p. 510 (Nov.). Professor Carver calls Professor Norton's article in the September number of the foregoing journal (see 22 Green Bag 595) a notable contribution to economic theo, but he considers his pro sition to be mere y a part of the unive law of diminishing returns, and not a refutation of that law.

Professor Norton is declared to have apparently overlooked the importance of land and to have laid too much stress on labor, in his theory that means of subsistence do not increase less slowly than population, as this would hold true only so lon as there were an abundant su ply ofbeing. new lan bringing new funds of capitalpinto

Lindsey.

44 American Law

Review 641

(Sept.-Oct.). In this sound and admirable article, the

so-called “Wilson doctrine," closely akin to Mr. Roosevelt's "New Nationalism," is studied with reference to the writings of James Wilson, and the outcome is not only a vindication of the memory of that great statesman, but also a crushing refutation of

the fallacy of the federal government possess ing "inherent" powers not enumerated in the Constitution. That Wilson did not originate a doctrine at variance with the common intellectual property of the American people of his time, and that his theory of a government of enumerated powers is wholly consistent with the view taken by the United States Supreme Court in Kansas v. Colorado, is here convincingly set forth. By way of conclusion,—

Elections. See Nomi nations. Employer's Liability. “Moder-n Concep tion of Civil Responsibility." By P. B. Mignault, KC. 44 American Law Review 719 (Sept.-Oct.). Read before the International Law Asso ciation (see 22 Green Bag 595). Particularly good as showing the extent to which the principle of workmen’s compensation has en adopted, nor-mall and reasonably rather than as the re t of revolution, in French and English jurisprudence. Executive Power. the

"President Taft and

Extra-Constitutional

Function

of

the

Presidency." By Samuel J. Kornhauser. North American Review, v. 192, p. 577 (Nov.). There has been a popular tendency of late years, says this author, to regard the Presi dent as entitled to exercise authority over Congress in matters of legislation, and the author opposes this view as subversive of the Constitution, and quotes from the writings of great statesmen of the past to show the dangers of usurpation of a despotic sway over Congress by the Presidency. He thinks that President Taft is being done an enormous injustice by those who oppose him for his failure to exert himself more vigorously, especially with reference to tariff legislation in the ﬁrst year of his administration. The paper is sound in its view that the Constitution does not authorize the President to

mould

1e 'slation,

but

the

author

is

evidently of t at class of writers who adopt the narrower construction of the advisory

powers granted the President by the Con stitution. Vigorous, rsistent assertion by the President of his esires as to matters of legislation, and threats to exercise the veto power, are hardly to be called extra-con stitutional, so long as he withholds from lobbying or coercion. I'ederal

and

State

Powers.

versus the ‘Wilson Doctrine’."

“ Wilson By Edward

“We see therefore that there is no justiﬁ cation in Wilson's writings for saddling upon him any theory of inherent governmental wer under the Constitution of the United tates. This is clear from his general theories of government, from what he wrote of the

Constitution itself and even from the very argument correctly understood, which is cited as evidence that he held the doctrine of inherent power. Such a conception of Wilson's views arises from erroneous interpretations andkmisunderstandings of passages in his wor 5." Government. “The Co-operative Nature of English Sovereignty—III." By W. W. Lucas. 26 Law Quarterly Review 349 (Oct.). This installment of a learned and im portant series of papers is concerned primarily with the co—operative nature of the ce, judicial, and exchequer functions 0 the Crown. Continued from 26 L. Q. R. 54, 247 (see 22 Green Bag 182, 537).

China. “China—-A Permanent Empire." By Gilbert Reid, Director-in-Chief of the

International Institute of China.

World’:

Work,’ v. 21, p. 13674 (Nov.). Egypt. "The Misgovernment of Egypt." By A. J. Butler. Nineteenth Century, v. 68, p. 587 (Oct.). Layin stress on the paramount importance of Britis control, and ﬁxing a great deal of blame upon Sir Eldon Gorst, the British Agent in Egypt. India. “The Native States of India." By Professor John Westlake, KC. 26 Law Quarterly Review 312 (Oct.). A review of "The Native States of India," Vayestlake not favor the view that inter b Sir does William Lee-Warner. Professor national law applies to the relations of these states with one another and with the Empire. With characteristic penetration, he suggests the wisest policy for the British Government in dealing with the claims and jealousies of the semi-sovereign principalities.