Page:The Green Bag (1889–1914), Volume 24.pdf/624

 The Legal World Upsilon fraternity, at the annual meeting in Madison, Wis., on Oct. 19. F. W. G. Haultain has been appointed Chief Justice of the Supreme Court of Saskatchewan, to take the place of Judge Wetmore, retired, the latter having reached the age limit. Senator Elihu Root of New York has been chosen honorary president of the recently organized American Insti tute of International Law, formed for the purpose of promoting friendly rela tions among the Pan-American nations. Judge John F. Main, of the Superior Court at Seattle, a former law partner of Justice George A. Cooke of the Illi nois Supreme Court, has been appointed to the Supreme bench of Washington to fill a vacancy caused by the death of the Chief Justice. Sir William Meredith succeeds the late Sir Charles Moss as Chief Justice of the Court of Appeal of Ontario. Jus tice R. M. Meredith of the Court of Appeal goes to the common pleas divi sion as Chief Justice, replacing his brother. Frank E. Hodgins, K.C., To ronto, is appointed to the extra judgeship created at the last session. James Leith, chairman of the Ontario Railway and Municipal Board, goes to the High Court. The Academy of Political Science

Speaking at the annual meeting of the Academy of Political Science in the City of New York, late in October, Pro fessor Munroe Smith of Columbia Uni versity said that "The distinction be tween statute legislation and consti tutional amendment is so purely formal that it is doubtful whether it can be maintained long. One of the signs that it is breaking down is the proposed 're call* of judicial decisions. To formulate a limited recall amendment which will

579

attain the ends which the advocates of the recall have in view without produc ing new complications will not be found an easy task. The best way to make our federal Constitution less rigid would be to amend the amending clause. It might not be easy to secure for such an amendment the approval of three-fourths of the states, but an effort should be made." Prof. Frank J. Goodnow of Columbia, citing decisions of the Supreme Court, endeavored to show how that tribunal, in a number of relations, had adapted the Constitution to changed conditions. He concluded his remarks with a plea for the enlargement of the appellate jurisdiction of the Supreme Court in order that it might become the final arbiter of all constitutional questions. He expressed his belief that, if this was done, and if more simple methods of amending state constitutions were adopted, there was no reason to fear that judicial interpretation would be unable to adapt the Constitution to meet future requirements. The "recall of judicial decisions" is considered a misnomer by Prof. William Draper Lewis, Dean of the Law School of the University of Pennsylvania. "No one questions that the persistent desire of a majority of the people should be carried out," he said. "The only ques tion is as to the method. At present our only method is the formal amendment of the state constitutions. This method is wholly unsatisfactory. What is needed is the power to declare certain classes of laws free from restriction against arbi trary legislation. The so-called 'recall of decisions' is an attempt to provide a means of exercising such power; it is essentially conservative of the power of the courts." Dean Clarence D. Ashley of the New York University Law School termed