23
Review of Periodicals mmediate
ractical results a vain adventure;
yet something within us that is better than
bad laws and base compromises must alwa s
leaders, protection took the additional form of su pressin Chinaman and the alien contract-la ror. urning to the state gov
cry out in irrepressible admiration of one w o ‘ gave the last full measure of devotion’ to a despised cause that for a lifetime he had held sacred." Immigration. " Immigration and the Fu ture American Race." By Dr. Albert Alle man. Popular Science Monthly, v. 75,
ernments, labor has summoned its political
p. 586 (Dec).
good will of the consumers, the former by his
“It is impossible that a. general inter mixture th bout this mighty empire can take place, much less will the later immi grants be able to supplant the descendants of those sturdy pioneers who first settled the vast p‘rairies and fertile valleys of this great repub 'c. . . . "In the great struggle for existence which, in future centuries, will grow in intensity, the negro will he eliminated, ‘he will melt away before the breath of the white man as snow melts under a hot wind.’ This is the robable solution of the negro problem in the
trade mark, the latter by the union label." The economic position of labor of course acts directly upon legislation and the common law, and in large measure determines what interpretation shall be placed u n the lice power of the state, and u n the w appli cable to la e combinations 0 labor and of capital. For t is reason Professor Commons’ investi gation, with his comprehensive general de ductions, will repay the careful study of publicists and lawyers. Interstate Commerce. “State Control of Foreign Corporations." By George W. Wickersham. 19 Yale Law journal 1 (Nov.).
nited States."
Industrial
Evolution.
makers, l648—l895;
"American Shoe
a. sketch of Industrial
Evolution." By Prof. J. R. Commons. Quarterly journal of Economics, v. 24, p. 39 (Nov.). This is an important contribution to the study
of industrial
evolution,
the
author
having made a painstaking historical analysis of the typical case of the shoe industry, the conditions of which have been closely paral leled in a large number of other leading in dustries. He shows how— “ The ever-widening market from the custom-order sta e, through the retail-shop and wholesale-or er to the wholesale-specu lative stage, removes the journeyman more and more from his market, diverts attention to price rather than quality and shifts the advantage in the series of bargains from the journeyrnen to the consumers and their intermediaries. . . . “ The conflict is ultimately one between the interests of the consumer and the interests of the producer. Wherever the consumer as such is in control, he favors the marginal producer, for through him he wields the club that threatens the other producers. Conse quently the producers resort either to private organizations equipped with coercive weapons to suppress their menacing competitor, or else they seek to persuade or com 1 the gov ernment to suppress him. In t is way the contest of classes or interests enters the field of politics, and the laws of the land, and even the very framework of
overnment, are the
outcome of a stru gle bot to extend markets and to ward 06 t eir menace. . . . "After the merchant-capitalist period, the slogan of the protective tariff became ggztection for labor, where formerly it had n protection for capital. Eventually, with the further mparation of labor under its own
strength for the suppression of the internal menace of long hours, woman labor. And
rison labor, child and nally, where neither
politics nor organizations suffice to limit the menace of competition, both ‘ manufacturers ' and workmen m the shoe trade strive to raise themselves above its level by cultivating the
This is the a r which the Attorney-Gen eral read last of; at the annual meeting of the Kentucky State Bar Association. An ab stract of its contents has previously a peared in the Green Bag (21 G. B. pp. 428-8). He analyzes the control which states may exercise over forei coporations, with the object of showing t at national inco ration would secure ‘ more undi ted an clearl defined protection" than is now afiorde corpor ations enga ed in interstate commerce “ from state inte erence and discriminatory legis lation." This of course suggests a con stitutional question, for a corporation en )ggged in interstate commerce may or may not subject to far-reaching state regulations in its intra-state business, according to whether
the commerce clause of the Constitution is con strued in a broad or in a narrow sense. “ It would be rash at this time to suggest a defini tion of what constitutes interstate commerce,"
says Mr. Wickersham. He thinks that the decisions of the United States Supreme Court in Caldwell v. North Carolina (187 U. S. 622), and Loewe v. Lawlor (208 U. S. 274) are "suggestive of the extent of interstate trade or commerce now recognized to be within federal control." But Mr. Wickersham's contention that federal incorporation would enable corpor ations enga ed in interstate commerce to free themse ves from state interference is of doubtful soundness. Such corporations in their intra-state transactions ought to be, and perhaps would be, subject to a certain measure of state control. On this point one may refer to another article in the same review:— "The Supreme Court, The Commerce Clause
and Common Law Rules."
By Frederick H.
Cooke. 19 Yale Law journal 32 (Nov.). This writer refers to the decision of the
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