‘232
The Green Bag
International Arbitration. “The Proposed High Court of Nations." By James L. Tryon. 19 Yale Law journal 145 (]an.) A review of Senator's Knox's pro osal for the constitution of a permanent ourt of Arbitral Justice at the Hague by investing the Prize Court with an enlarged Jurisdiction. International Relations. "Diplomatic Affairs .and International Law, 1909." By Prof. Paul S. Reinsch. 4 American Polilieal Science Reuiau 16 (Man). “The solidarity of international life is .asserting itself more and more. . . . An in tricate web of world-wide interest and activi ties of a peaceful and progressive nature is being woven which nations find it more and more difiicult to tear asunder for reasons .of political hostility. “The reverse of this picture is the continued increase of armaments. It is quite paradoxical .that the growth of co-operation throughout the world is accompanied by this increase in the energy and acuteness of international competition which expresses itself ultimately ‘in national armaments. ...Yetitmustbe ' remembered that in an energetic age, such as that in which we live, nations will inevitably
ference by the states, and regulating their activities so as to prevent the recurrence,
under national auspices, of those abuses which have arisen under state control. . . . “It should protect the corporations organ ized under it from undue interference by state authorities, subjecting its real and personal property only to such taxation as is imposed by the state upon other similar property located therein. . . . "Such corporations should be prohibited from acquiring or holding stock of other corporations. The wer to regulate inter state commerce is be 'eved to be broad enough to authorize such legislation. It has been upheld when directed to corporations carrying on
other
forms
of
interstate
commerce,
transportation, navigation, etc." “Excluding from Intra-state Business Foreign Corporations Engaged in Interstate Commerce." Editorial. 70 Central Law journal 109 (Feb. 11). Reviewing the recent decision of the Sn. preme Court of the United States in Western Union Telegra h Co. v. Kansas (22 Green Bag 192), d
aring the Kansas statute im
desire to measure themselves in active com
posing the payment of a given r cent on the total authorized capital 0 a foreign corporation, en aged in interstate commerce,
petition, and they see in their armament
as a condition 0 its right to do local business,
the index of national strength and proficiency. Such an index efiectively maintained W111 've to nations relative position, which in itself will dispose of many possible conflicts and controversies." Interstate Commerce. “Federal Control of Interstate Commerce." By Attorney General George W. Wickersham. 23 Harvard
unconstitutional. “While the opinion of Mr. ustice Harlan might seem, at first blush, 'ke a further advance on the road of federal encroachment upon state autonomy, examined closely, it appears to us to hel more surely than do the opinions of Mr. ustice White and Mr. Justice Holmes toward an accurate definin of the boundary lines between state and fede ower. {151st as strongly as Justice Harlan ere mar the limit of state control, so his opinions generally in defining the shadowy boundaries of the so-called ‘twilight zone,’ where federal and state jurisdictions are
Law Review 241 (Feb).
This article is a revision of a ortion of an address before the Commercial C ub of Kansas City, M0. "The power to re ate interstate com merce," said Chief ustice Marshall, "isco extensive with the subject on which it acts and cannot be stopped at the external boundary of a State, but must enter its interior (Brown v. Maryland, 12 Wheat. 419, 446-447). . . .
"No doubt, the Sherman Act is suflicientl comprehensive to reach and destroy such monopolies as these [those built up by means of the holding compan, but at the same time that the national, government forges a weapon to destroy such abuses it must provide a substitute for those legitimate enterprises which are equally dependent for their existence upon the system so abused. It must therefore provide a means of enabling co-operative enterprise to engage freely and openly in interstate and foreign commerce without the interferences by state action which fetter, confine, and destroy the possi bility of such free pursuit. This can only be one by the enactment by Con ess of a law providing for the formation 0 corpora tions to engage in trade and commerce among the states, protecting them from undue inter
sup
sed to meet, have been like as a lpillar
of c end by day and a pillar of fire by night’ to point us the strict and safer path of national power under the federal constitution." “Federal Railroad Regulation." By Prof. William Z. Ripley. Atlantic, v. 105, p. 414 (Man). "The Interstate Commerce Commission is limited in its scope to the consideration only of specific complaints. It cannot of its own initiative pass u on the reasonableness of an entire new sche ule of rates in advance of its taking effect. It must take the matter up, if at all, bit by bit, as individual shippers chance to complain, after the rates have become operative. . . . “The result, as was predicted, is that little rotection is afforded to the public in any arge way. Judging by results the railroads are as free as they ever were to increase their tariffs whenever they see fit so to do. "There is imperative need of amending the law, and of granting power to suspend such
