360
The Green Bag
school deals rather with the development of juridical ideas and particular institutions within the legal system. . . . Professor Vinogradof’f, we have ‘two methods of scientific investi ation which may be applied to the study of aw: the method of deductive analysis on the basis of abstractions from the present state of legal ideas and rules, and the method of inductive generalization on the basis of historical and ethnographical observation.‘" See Corporations. Government. "The New Stateism." By john M. Mathews. North American Review,
“The War lntemational Arbitration. Against War." By Havelock Ellis. Atlanta‘: Monthly, v. 107, p. 75l (June). “It is feared by some that the reign of uni versal peace will deprive them of the opportu nity of exhibiting daring and heroism. . . . There are an infinite number of positions in life in which courage is needed, as much as on a battle field. . . . There are departments in the higher breeding and social evolution of the race —- some perhaps even involving questions of life and death — where the highest courage is needed." "Human Nature and Peace by Law." By Congressman Richard Bartholdt. Editorial Re
v. 193, p. 808 (June).
view, v. 4, p. 452 (May).
“While some Western states are adopting the initiative and the referendum under the mis taken impression that a more direct participation of the people in legislation will necessarily and, as it were, almost automatically produce a more democratic government, New Jersey is working out ment. a .truer . . The conception significance of democratic of the ‘newgovern~ state
"We learn from history that for more than a century whenever a controversy arises between two states of the Union the individual citizen does not even become excited: his fighting blood remains calm and the animal in him remains dormant. And why? Because he sees no oppor tunity to fight, knowing as he does that the case will be taken to the Supreme Court of the United States and there adjudicated according to the recognized principles of right and justice. It is only a question of time, in my judgment, when, after the establishment of the permanent Court of Arbitral Justice at The Hague, the same con sciousness will cause the savage instincts of man the world over to be bridled in the same manner. Man's intellect has not yet discovered another solution of the problem, and in my judgment there is none." "Peace on Earth." By Harold Spender. Con temporary Review, v. 99, p. 385 (Apr.). “On May 5, 1897, the Senate refused to ratify the treaty as agreed between the Powers, and from that time to this nothing more has been heard of it. Now, it is no secret that this deci sion of the Senate, which was arrived at by an overwhelming majority, was largel influenced by the Irish vote, a very powerful actor in the Senatorial elections. The Irish-Americans took the view that the treaty was proposed by a British Government which strenuousl opposed the grant of Home Rule to Ireland. T ey deter mined that the United States should not be bound by such close bonds to a country which was resolved to refuse the chief aspiration of
"Thus, then, to adopt once more words of
ism' lies not in its ast accom lishments. but in its present and uture possi ilities. If the Governor is now urging the passage of ‘adminis tration bills’ introduced by his adherents, who can say that he will not soon be introducing them directly?" Great Britain. "The Duty of the Lords." By Professor E. C. Clark, University of Cambridge. Nineteenth Century, v. 69, p. 811 (May). “With respect to the abolition of co-ordinate legislative power in general, there can surely be little doubt. To give up that power is, to all intents and purposes, to surrender their existence as a Second Chamber. With regard to money bills, there is everything to be said,
on the score of convenience and reasonable expectation, for retaining the present practice
as much as possible. But until some reform can be made in our electoral system that will render the ross injustice and class oppression with which we are now threatened less possible or less likely, the Lords must, as it seems to me,
retain or reclaim the power both of amendment and rejection which they have never formally abandoned." Hawaii. “The Rule of the Unfit." By J. Liddell Kelly. Westminster Review, v. 175, p. 477 (May). "To ensure eflicient government in Hawaii, the conviction gains ground among Americans that the territory must ‘progress backwards’ —— must be laced under government by commis sion, civi or military, instead of going forward to the goal of Statehood. This does not imply that the white citizens of the territory would not keenly appreciate the boon of managing their own affairs. It sim ly means that they recog nize the literal truth of what Lowell wrote in sarcastic vein, that — ‘Liberty's a kind 0' thing That don't agree with mggers.‘" See Direct Government, Federal and State Powers.
the Irish race.
In 1911, indeed, we have a
different situation. The American people will have to deal with a Government which has staked its existence on the grant of Home Rule. It is possible that that fact may make a great difference in the attitude of the Senate." Editorial. [By L. J. Maxse.] National Review, v. 57, p. 368 (May). “We hear much of the ne otiation of this stupendous compact, to whic Mr. Bryce is applying his gigantic were and in which the American Secretary 0 State is mildly partici pating, but even the Draft Treaty does not bear the faintest resemblance to the 'e h-rnaking' speech of Sir Edward Grey; an when it is ublished and resented to the Senate for rati cation, so far rom being a general unrestricted agreement,
automatically
submitting
every
