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THE GREEN BAG
is generally imagined to probe these dark places, and cut away this disease, and we should ask of him more than we have in the past." CRIMINAL LAW. The recent English de cision, that obtaining a passport for an alien under a false name is an indictable misde meanor at common law, previously referred to in these columns, is the subject of an article entitled, " The Passport System," by N. M. Sibley, in the Journal of the Society of Com parative Legislation (Xew Series, V. xv, p. 26). CONSTITUTIONAL LAW. An article simi lar to that by William Trickett, on " The Great .Usurpation," in the May American Law Re view, reviewed in this department in our June number, appears in the June Michigan Law Review (V. iv, p. 616) entitled, " The Supreme Court and Unconstitutional Acts of Congress," by Edward S. Corwin. The author examines the evidence afforded by the debates in the constitutional convention and the discussions immediately following, especially those in the Federalist, and concludes that the framers of the constitution not only did not confer in ex press terms upon the Supreme Court power to declare acts of a coordinate legislature uncon stitutional, but they at least were in doubt as to whether the judiciary would have this power simply by virtue of its position in relation to the other departments of government. He believes that the right finally assumed by the court was not a necessary consequence of that position. He submits that this interpretation of the constitution is not the meaning of the constitution itself necessarily, but is merely the opinion of a body of men, as to that mean ing, and that that opinion is necessarily affected by personal bias. In conclusion he says: "The right of the judiciary to pass upon the validity of legislation, tentatively broached in an insignificant commonwealth case, in 1782, by way of pure obiter dictum, became the foun dation rule of American constitutional law and the characteristic function of American courts, whether state or national, in little more than two decades. This may have been a fortunate development, but it is also inevitable whether or not fortunate that aggressive popular states
men should never willingly give over to juristic hands the entire keeping of the keys of consti tutional truth." CONSTITUTIONAL LAW (England). " Im perial Conference or Council," by Sir Thomas Raleigh. The Journal of the Society of Com parative Legislation (New Series, No. 15, p. 12). DIVORCE. A short article on divorce and public order in Italy by Torquato C. Giannini appears in thejournal of the Society of Compara tive Legislation (New Series, No. 15, p. 42). EDUCATION. " Legal Training," by A. H. C. Hamilton, Allahabad Law Journal (V. iii, p. 163). EVIDENCE. " Promotion of Hearsay Evi dence," by Charles C. Moore, Law Notes (V. x, p. 64). INSURANCE. " Warranties and Represen tations in Insurance Policies," by George W. Payne, Central Law Journal (V. Ixii, p. 479). JURISPRUDENCE. "Legal Conceptions from a Practical Point of View," by J. E. Hogg, Canadian Law Review (V. v, p. 306). JURISPRUDENCE (Roman — Dutch). The system of law governing British subjects in Britain, South Africa, British Guiana, and Ceylon is discussed in an article entitled "Roman Dutch Law," by Frederick Mackarness in the Journal of the Society of Compara tive Legislation (New Series, No. 15, p. 34). JURISPRUDENCE. " English and Ontario Law," by N. W. Hoyles, Canadian Law Times (V. xxvi, p. 469). JURISPRUDENCE. "The Separation of Executive and Judicial Functions in India," by Arthur James Hughes, Bombay Lctw Re porter (V. viii, p. 34). JURISPRUDENCE (Turkish). A new text book on Turkish law, by George Young-, secre tary of the English Embassy, written in Prench,
