EDITORIAL DEPARTMENT Trickett, American Law Review (V. xli, p. 729). In the opinion on Kansas v. Colorado, 27 Supreme Court Reporter, June 15, 1907, Justice Brewer used the following language : "These considerations lead to the propo sition that when a legislative power is claimed for the national government, the question is whether that power is one of those granted by the Constitution either in terms or by necessary implication; whereas, in respect to judicial functions the question is whether there be any limitations expressed in the Constitution on the general grant of national power." Professor Trickett declares this idea of gen eral national judicial power to be an entirely new one, combining to the language and intent of the Constitution and to the previous decisions of the Supreme Court, and utters this warning: "If the new doctrine of general national judicial power is allowed to get a footing, little by little jurisdictions will be assumed that hitherto would have been pronounced usurpa tions. A principle is laid down which by subtle and adroit manipulation may in time yield grandiose results. Those who would like to witness these results, who minify the states and magnify the Federal State, who would be pleased to see the latter swallow up the former, will observe the laying down of the revolutionary doctrine of Kansas v. Colo rado (a doctrine by the way, which was gratuitously lugged into the opinion), at least with equanimity, unless indeed their dislike of unhistoric assertion and inconsequent reason ings be greater than their lust for political change. Those who desire that the plan of government laid down by the men of 1787 should be perpetuated, may well invoke unless it be too late the admonition, obsta principiis." CONSTITUTIONAL LAW (Colonies and the Constitution). " ' Is Colonization a Crime? ' Better Stated: Does the Constitution Follow the Flag? ", by E. H. Randle, American Law Review (V. xli, p. 705). An argument that the Constitution prevails in our colonies, in reply to one by Hannis Taylor upholding the opposite view. CONSTITUTIONAL LAW. " The Irrecon cilable Conflict," by Robert G. Street, Ameri can Law Review (V. xli, p. 686). Our unique
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doctrine of the power of the judiciary to bind the other departments of the government by its decisions on constitutional questions, the rule of stare decisis and the fact that the rules which must govern in all cases of construction of the Constitution have been clearly announced by the Supreme Court after the most earnest controversy, seem to Judge Street to result in an " irreconcilable conflict " with a growing feeling that complexity and expansion of modern conditions require more liberal con struction of the powers of the national govern ment. Laws and institutions have a constant tendency to conform to social needs. "New conditions have developed the social need of the extension of national powers; but this development is restrained in consequence of the doctrine of judicial supremacy. If the social need must assert itself, would it not have been better that it should have been permitted to do so through judicially unimpeded con gressional legislation than by the destruction of confidence in the courts that must follow their abandonment of the landmarks they have themselves erected?" COPYRIGHT. " International Copyright," by Alex. Gibson, Commonwealth Law Review (V. iv, p. 255). CORPORATIONS. " Corporate Citizenship a Legal Fiction," by Hon. R. M. Benjamin, Albany Law Journal (V. lxix, p. 263). CORPORATIONS. " Recognition of For eign Companies," by W. F. Hamilton, Journal of the Society of Comparative Legislation (N. S., V. vii, p. 129). Brief examination of the requirements in several countries and text of the international code approved by the International Law Association Conference at Berlin in 1906. CRIMINAL LAW. " Accomplice," by S. Ray, Allahabad Law Journal (V. iv, p. 269). CRIMINAL LAW. "The King's Pardon," by W. L. Stuart, Commomvealth Law Review (V. iv, p. 241). CRIMINAL LAW. "The Indeterminate Sentence," by Hon. C. G. Saunders, Law Register (V. xxvii, p. 736). CRIMINAL LAW. " The Autobiography of Harry Orchard " is continued in the October McClure's (V. xxix, p. 658).
