bluuebunny/crossref_metadata_2025 huggingface dataset:
The Feetham Report: A New Plan for Shanghai
Authors: Johnstone William C.
Published: May 2006

Shall the International Settlement of Shanghai be returned to China to become the prey of Chinese politics and civil disruption, or shall it be held in trust through a plan of Sino-foreign partnership until such time as China shall be able to preserve and protect its wealth and trade? This is the question now brought to the attention of Chinese and foreigners by the recently published report of Judge Richard Feetham, of South Africa, after eighteen months of intensive study of the problem. The report represents the most significant step yet taken toward solving the question of the future status of the International Settlement, the most important of all foreign concessions and settlements in China. For the first time in the history of the Settlement, China and the foreign powers have before them an adequate study of its development, and a definite plan upon which to base an agreement for future action.

The International Settlement is a foreign controlled and governed area on Chinese soil, located on the Whangpoo River and serving as the chief center for the vast trade and commerce of the Yangtze valley. Together with the French Settlement and the Chinese Municipality, it forms a part of the modern city of Shanghai. The International Settlement is an outgrowth of the British Settlement established in 1843 when Shanghai was first opened to foreign trade. Other foreigners were admitted to the original British area, and in 1863 the British and Americans pooled their interests after the French had set up a separate settlement of their own. The amalgamated British and American Settlement, extended in 1899, became the International Settlement of today, containing some eight and three-fourths square miles of land on which reside over one million people. In population, the Settlement is truly international. Although the Chinese comprise over ninety-five per cent of the total, more than forty different nationalities are to be found among the foreign residents. For seventy-three years, however, the Settlement was governed wholly by foreigners in spite of its over-whelming majority of Chinese residents, and it is only since 1928 that the Chinese have had any official voice in Settlement affairs.
Congress, the Foreign Service, and the Department of State
Authors: Stewart Irvin
Published: May 2006

On July 1, 1924, there became effective an act for the reorganization and improvement of the Foreign Service of the United States, popularly known as the Rogers Act, which had been approved on May 24. That act combined the hitherto separate diplomatic and consular services into a single Foreign Service. Admission to the Foreign Service was for the most part to be upon competitive examination, and promotion was to be based upon merit. The act left to the executive the establishment of the system for ascertaining merit.

Pursuant to the Rogers Act, an executive order of June 7, 1924, created a Foreign Service Personnel Board. The composition of the board was slightly changed by an executive order of February 25, 1928, under the terms of which the board was to be composed of three assistant secretaries of state to be designated by the Secretary of State, and three Foreign Service officers. The three Foreign Service officers, representing both the diplomatic and consular branches, were to constitute the executive committee of the board.

Among other things, the Foreign Service Personnel Board was charged with the duty of submitting to the Secretary, when vacancies should arise in the Foreign Service, lists of officers whose records of efficiency entitled them to advancement in the service and who were therefore recommended for promotion. A departmental order directed the executive committee to take possession of all records relating to the personnel of the diplomatic and consular services and to keep the efficiency records of all Foreign Service officers.
The Ohio Judicial Council Embarks on a Survey of Justice
Authors: Aumann F. R.
Published: May 2006

In 1923 the first state judicial council in this country was established in Ohio. The Massachusetts act providing for such a council was introduced earlier and formed the basis for the Ohio law, but it was not adopted until 1924. The judicial council provided for by the Ohio law was composed of the chief justice of the supreme court, two associate justices, the chief justice of the court of appeal, one common pleas judge, one municipal court judge, and three lawyers.

The council was charged with the duty of making a continuous study of the organization, rules, methods of procedure, and practice of the judicial system of Ohio, as well as the work accomplished and results produced by that system and its various parts. The results of this continuous study were to be reported biennially to the legislature, with such recommendations for the modification of existing conditions as the council might see fit to make. The council was authorized also to submit suggestions for the consideration of the judges of the several courts with regard to rules, practice, and procedure.

To accomplish its purposes, the council was authorized to hold public hearings, administer oaths, and require the attendance of witnesses and the production of books and documents. A witness giving false testimony, or failing to appear when duly summoned, was made subject to the same penalties to which a witness before a court is subject. The clerks of the various courts and other officials are required to submit to the council such reports as the council may prescribe.
Notes on Procedure
Authors: Rogers Lindsay
Published: May 2006

The business of the session raised a number of interesting questions of congressional procedure. There was the usual discussion of the seniority rule for the chairmanships of the committees, with proposals for supplanting it by free election. But the admitted evils of a system under which men hold their posts not according to fitness but to length of service are known while those of a new scheme are not, and no change is contemplated. In the Senate, the situation was amazing. For day after day it laid the appropriation bills aside and discussed a makeshift, compromise tariff bill when it was sure that President Wilson's inevitable veto could not be overridden.
Representative Government in Evolution
Authors: Beard Charles A. , Lewis John D.
Published: May 2006

Representative government on a national scale did not originate in the psychology of primitive Teutons, as English historians long contended; nor is it a mere bourgeois institution of passing significance, designed to delude the masses, as Fascists and Bolsheviks have alleged. Its vast historical complications conform to no such simple thesis. On the contrary, representative government began its career as an instrument of political power, in a given complex of social and economic circumstances, to serve the purposes of ruling monarchs; and it has played a bewildering rôle, in form, spirit, and authority, for more than five hundred years. Flexibility has been its prime characteristic. As a means, not an end in itself, it has served an infinite variety of causes, and has displayed both adaptability and survival power. In form, it has not been a political stereotype. Rather, it has been amazingly variable. In spirit, in the ideas associated with its evolution, and in the uses to which it may be put, representative government is subtle and adaptable, offering to statesmen who have imagination and manipulative capacity a tool of inexhaustible utility.
Roosevelt's Latin-American Policy
Authors: Mathews John M.
Published: May 2006

Although my subject is President Roosevelt's Latin-American policy (to March, 1935), I shall take the liberty of treating it in a broad way so as to include some developments prior to the advent of the Roosevelt Administration, in order to have a background for the better understanding of the more recent developments.

Although the subject, as stated, envisages merely foreign policy, it should be borne in mind that foreign policy and domestic policy cannot be kept entirely separate, as if they existed in water-tight compartments. A united front in foreign policy is sometimes urged, and it is argued that party politics, as the saying goes, should stop at the water's edge. This, however, is a specious argument intended to put into the position of being unpatriotic those who oppose the foreign policy of the Administration. A united front in respect to foreign relations is no more possible or to be expected than in domestic affairs, because foreign and domestic affairs are closely related.
Appointment of American Delegates to the International Labor Organization
Authors: Gathings James A.
Published: May 2006

In 1934, Congress passed a joint resolution providing for American membership in the International Labor Organization which stated: “The President is hereby authorized to accept membership for the government of the United States in the International Labor Organization, which through its general conference of representatives of its members and through its International Labor Office, collects information concerning labor throughout the world and prepares conventions for the consideration of member governments with a view to improving conditions of labor.”
The Liquidation of the German Länder
Authors: Wells Roger H.
Published: May 2006

The liquidation of the German states (Länder) is now substantially complete. A few traces of old snow from the Weimar winter still remain, but these are rapidly melting away under the sun of National Socialism. The ancient problem of Reichsreform, of Bundesstaat versus Einheitsstaat, has been solved in favor of the unitary, totalitarian Reich. The liquidating process may be studied under three separate, but closely related, topics. These are: the governmental reorganization and subordination of the Länder to the Reich; the unification of German law; and the territorial reform of the Länder.
The Principle of Local Self-Government in Virginia
Authors: Pate James E.
Published: May 2006

In his famous letter to Samuel Kercheval, Jefferson wrote concerning the principle of local self-government as follows: “The organization of our county administrations may be thought more difficult. But follow principle, and the knot unties itself. Divide the counties into wards of such size as that every citizen can attend, when called on, and act in person. Ascribe to them the government of their wards in all things relating to themselves exclusively. A justice, chosen by themselves, in each, a constable, a military company, a patrol, a school, the care of their own poor, their own portion of the public roads,…” “We should, therefore,” Jefferson summarizes, “marshall our government into (1) the general federal republic for all concerns foreign and federal; (2) that of the state for what relates to our own citizens, exclusively; (3) the county republics for the duties and concerns of the county; and (4) the ward republics for the small and yet numerous and interesting concerns of the neighborhood. In government as well as in every other business of life, it is by division and subdivision of duties alone that all matters great and small can be managed to perfection. And the whole is cemented by giving to every citizen, personally, a part in the administration of public affairs.”
Labor, the Courts, and Section 7(A)
Authors: Mason Alpheus T.
Published: May 2006

Any economic system, whether systematic or not, involves a particular set of relationships between men and things and between men and men, and so needs the support of a corresponding legal and political system. One naturally expects political and legal change to follow social and economic revolutions. Perhaps that is the New Deal—a political and legal revolution to meet the demands of a new economic era. But whatever the situation may require to the mind of the Executive and Congress, there remains the question whether any particular legislative project is allowable under the Constitution. For our government, this matter of bringing law into conformity with economics meets with peculiar difficulties. It is not enough to secure rights by legislative enactment. Such guarantees must run the gauntlet first of administrative interpretation and ultimately of the courts. If one may judge from newspaper headlines, there is no surer way to bring our rights into controversy than to embody them in a statute.
Newfoundland Reverts to the Status of a Colony
Authors: MacKay Robert A.
Published: May 2006

Newfoundland, which proudly boasts that she is “Britain's oldest colony,” which has enjoyed responsible government since 1855, and which has been ranked by the Statute of Westminister as one of the Dominions of the British Commonwealth of Nations, voluntarily reverted to the status of a crown colony governed by a commission responsible to Whitehall. The event is without precedent in the history of the Empire. While certain West Indian colonies which have enjoyed representative assemblies have voluntarily given up their elected legislatures, no colony which had attained responsible government has ever before renounced it. The incident is sufficiently unique to be of interest alike to students of the history of the British Empire and of political science in general.
German Bureaucracy in Transition
Authors: Marx Fritz Morstein
Published: May 2006

Among the institutional elements of civic cohesion, the civil service—national, state, and local—has stood out for generations as one of the most influential forces in German life. Though never the actual “governor of Germany,” it was universally rec-ognized as the instrument of government. Its devotion and efficiency were not only highly regarded by the community, but also looked upon by foreign observers as Germany's greatest contribution in the field of political organization and as an encouraging example for the whole world.
The Economic Background of China's Nationalist Movement
Authors: Pollard Robert T.
Published: May 2006

The events of the past five years in China furnish abundant evidence of the economic background of politics. Hostility between British Hongkong and Chinese Canton may be said to date from the Hongkong seamen's strike of 1922, and it will be remembered that the Shanghai disturbance of 1925, with the resulting popular disorders in other parts of the country, arose out of a series of strikes in Japanese-owned cotton mills of the city. Moreover, the spectacular progress of the Nationalist movement during the past two years is due in no small degree to the widespread economic unrest produced by chronic civil war, interrupted communications within the country, depreciated currencies, unfavorable conditions in the factories, and steadily mounting price levels.

The third of Dr. Sun Yat-sen's “Three Principles of the People,” on which the Nationalist movement as a whole rests, is concerned with economic conditions. The first of the three principles is Ming Zoh, meaning a race or a people, and it is used in connection with the right of a people to exist on a footing of equality with other races or peoples. The prestige enjoyed by Soviet Russia in Kuomintang circles is directly traceable to the willingness of Russia to recognize this principle of Ming Zoh, thereby dealing with the Chinese as the Russians' racial and national equals.
State Constitutional Development Through Amendment in 1933
Authors: Godshall W. Leon
Published: May 2006

Since this annual survey was inaugurated in 1927, it has been observed that activity in the amendment of constitutions is greater in even years than in odd years. Only eight states (California, Michigan, New Jersey, New York, Oregon, South Carolina, Virginia, and Wisconsin) changed their fundamental law in 1927. In 1928, the number rose to eighteen (Alabama, Arizona, Arkansas, Colorado, Florida, Idaho, Kansas, Louisiana, Michigan, Missouri, Montana, Nebraska, North Carolina, North Dakota, Pennsylvania, Rhode Island, Texas, and Virginia).
The Legal Monism of Alfred Verdross
Authors: Janzen Henry
Published: May 2006

During the last few decades, legal theorists have given increased attention to the relationship between municipal and international law. Few have attacked the problem with greater acumen than Alfred Verdross, who belongs to that school of Austrians, sometimes referred to as legal purists, with which the names of Hans Kelsen and Fritz Sander are so prominently associated. Verdross' contribution to legal theory has not found as wide an audience as it deserves. This inattention is probably due to the fact that the “theologians” of positivism dismiss Verdross' theory for his disbelief in the “holy trinity” of that school: the personified state, sovereignty, and the will of the state.

Verdross professes to adhere to the empirical method. It will be seen that for him a norm is law only if it manifests itself in political reality. But, being a legal purist, Verdross is not concerned with, nor does he attempt to deal with, this objective actuality, i.e., his is not a sociological study. Verdross has been criticised for not limiting himself to a portrayal of facts and for affirming “a prioriinternational legal norms, viewed as an international constitution.”
State Constitutional Law in 1939–1940
Authors: Aikin Charles
Published: May 2006

During the past year, the state appellate courts have reviewed state legislation with a degree of restraint more marked than in the preceding year. The present attitude of the courts toward the work of legislatures may be in part the result of a change in court personnel. It is also both possible and probable that judges have been impressed by the more tolerant or liberal attitude of the United States Supreme Court. Finally, a few of the judges may have become aware of the fact that the times demand the relinquishment of an assumed judicial “supremacy” and the examination of legislative and administrative action under specific constitutional provisions in the light of social and economic realities. At all events, judicial review in the grand manner has given way to a more vigorous application of technical constitutional requirements. Courts are tending to emphasize procedure rather than substance; review appears to be at once more tolerant and more precise; decisions turn on narrower grounds, premises are less sweeping. When applied to state constitutions, this tendency means something quite different from what it means when applied to the national constitution.

This tendency may perhaps be regarded as charged with possible evil results for the courts. Although state constitutions are, in most cases, so detailed and diverse that no actual diminution of the courts' discretionary powers need result, and although to a successful litigant it makes little difference whether a statute is invalidated for want of due process or for want of a proper title or enacting clause, it is difficult to conceive of many things that will bring the courts more quickly into popular disrepute than an exaggeration of constitutional technicalities.
The Contest for a National System of Home-Mortgage Finance
Authors: French David M.
Published: May 2006

The Contest for a National Syatem of Home-Mortgage Finance. Since 1932, the federal government has undertaken new responsibilities in regard to housing and home finance which involve a public investment of more than four billion dollars, contingent liabilities for the security of a private investment of three billion dollars, and the creation of a set of administrative structures that cover the entire nation. Yet, despite the magnitude of this public effort, no new “system” of housing has resulted. It is precisely the striking lack of coherence in the government's program that gives a hint of the variety of forces now competing for control and for advantage in this field.

Not until 1937, after a stormy period of improvisation, was the first workable formula of public housing agreed upon. Surely it is clear that the nation was not preoccupied throughout the depression years with the cause of those most in need of proper dwellings. By 1937 there had already been enacted the Federal Home Loan Bank Act, the Home Owner's Loan Act, and the National Housing Act, all of which dealt with some aspect of housing and none of which made any serious approach to slum of clearance or housing for the masses.

Whereas the depression brought no essentially new crisis for the ill-housed, it did represent a critical time for home tenure. Home ownership in this country has always been extensive, and ownership is usually not achieved without contracting some amount of mortgage debt.
Discriminations in Federal Taxation of State and Local Government Securities
Authors: Buehler Alfred G.
Published: May 2006

The battle over the tax-exempt security between the federal and the state and local governments has entered a new phase. Not content with merely taxing the income of new federal securities issued after March 1, 1941, the President, in his budget message to Congress of January 6, 1942, recommended legislation which would tax future state and local government securities, and the Secretary of the Treasury, in a speech in Cleveland on January 24, 1942, declared that it was high time to tax the income of outstanding issues as well. Up to this point, it had been the policy of the Administration to request only that the income tax be applied to future state and local government obligations.
Publicity of Campaign Expenditures on Issues in California
Authors: Key V. O.
Published: May 2006

Publicity of campaign funds spent for and against proposed constitutional amendments, initiative and referendum measures, and other propositions voted on by the electorate of the state is the object of a California statute adopted in 1921 and revised in 1923. This is one of the few statutes specially designed to deal with campaign funds on issues rather than candidates, and its operation is a matter of particular interest to students of campaign finance in that it represents a relatively successful effort to compel publicity of expenditures by non-party organizations. All reports under the act have been made by well established pressure groups, corporations, or temporary committees representing interest groups lacking permanent secretariats. The act is broad enough to apply to party committees, but no reports have been made by such agencies, presumably because of their inactivity in this type of campaign.
Switzerland and the League of Nations; A Chapter in Diplomatic History
Authors: Zahler Walter R.
Published: May 2006

On December 23, 1921, the Swiss Federal Council received a note from the French Embassy to the effect that the Council of the League of Nations had entrusted the French government with the transportation of the international troops called to supervise the plebiscite to be held in the contested area between Poland and Lithuania. It had been decided, the note stated, to transport the Belgian, British, and Spanish troops through Switzerland, and France now requested the Swiss government to grant them free passage. Although the contingents were not to participate in war, but only to watch over a plebiscite to be held under the auspices of the League, the Swiss government refused the permission sought. At the time of the plebiscite in the Saar territory, the Federal Council took a similar attitude. It refused to permit Italian troops to pass through Swiss territory on their way to the Saar Valley.
Second and Third Sessions of the Seventy-fifth Congress, 1937–38
Authors: Altman O. R.
Published: May 2006

The election returns of November, 1936, seemed to portray a democracy strongly united behind a leader and a program of action. It appeared that Franklin D. Roosevelt and his New Deal platform had been endorsed by nearly every interest and section in the United States, and an overwhelmingly Democratic Congress selected to enact into law those principles for which he “had just begun to fight.” Within six months, however, that unity started to disintegrate. Congress began to dissect carefully the program which the President proclaimed to be both beneficial for the entire country and politically prudent for the political party which he headed.
International Law and the Totalitarian States
Authors: Wright Quincy
Published: May 2006

International law has assumed that states are independent and free to vary their national cultures and institutions at will. It permits them to organize their domestic economy, culture, opinion, and polity in a totalitarian way if they see fit. In fact, however, international law developed among states which had many cultural characteristics in common. It was originally the law governing the relations of the Christian states of Europe, all with a tradition reaching back into medieval Christendom and classical antiquity, and united by practices of maritime trade, and by commercial, religious, and educational institutions. The potential totalitarianism which the law allowed was not in fact realized because of moral and practical inhibitions. Governments wished to observe the universal mores, and even if they had not, they lacked the technical, administrative, and political means which modern despots have utilized so effectively to override these mores in the interests of concentrated power.
The Summer Schools and Other Educational Activities of the British Liberal Party
Authors: Starr Joseph R.
Published: May 2006

The summer school was first adapted for political purposes in Great Britain by the Fabian Society early in the present century. In the period before the World War, the only other political organization that sponsored summer schools—and in this case only intermittently—was the Independent Labor party. The Liberal party, beginning with the establishment of the Liberal Summer School in 1921, was the first major party to take up the idea. Neither the Fabian nor the Liberal summer school was founded as part of the official organization of the respective parent bodies; both, in their inception, were spontaneous movements initiated by enthusiastic members of the rank and file. The Fabian Summer School, however, soon became an integral part of the organization of the Fabian Society, while the Liberal Summer School has remained throughout its existence an auxiliary party organization.
Absentee Voting in the United States
Authors: Steinbicker Paul G.
Published: May 2006

As part of the most basic process in democratic government, the laws of the various states having to do with absentee participation in elections merit consideration. In the election of November 3, 1936, it is estimated that nearly two per cent of the total of forty-five millions were absentee votes. Furthermore, all available evidence indicates a steady expansion of this figure. The number of federal employees in Washington is on the increase; from this source alone the number of absentee voters in the election of 1936 was over eighty thousand. The revival of business and industry, especially in the fields of transportation and communication, and the growing mobility of Americans generally, can be expected to add their quotas to the total number of absentee voters.
Divisions of Opinion Among Justices of the U. S. Supreme Court, 1939–1941
Authors: Pritchett C. Herman
Published: May 2006

“We are under a Constitution,” said Charles Evans Hughes when he was governor of New York, “but the Constitution is what the judges say it is …” Several theories of jurisprudence have arisen which attempt to take into account this personal element in the judicial interpretation and making of law. The so-called “realistic” school has argued that law is simply the behavior of the judge, that law is secreted by judges as pearls are secreted by oysters. A less extreme position was taken by the late Justice Holmes, who said: “What I mean by law is nothing more or less than the prediction of what a court will do.” While these views go rather far in eliminating any idea of law as a “normative, conceptual system of rules,” no one doubts that many judicial determinations are made on some basis other than the application of settled rules to the facts, or that justices of the United States Supreme Court, in deciding controversial cases involving important issues of public policy, are influenced by biases and philosophies of government, by “inarticulate major premises,” which to a large degree predetermine the position they will take on a given question. Private attitudes, in other words, become public law.
The Personnel of the Seventy-seventh Congress
Authors: McKinney Madge M.
Published: May 2006

Rarely in history has a legislative body been confronted with problems, the implications of which are so far-reaching, the solutions of which are so important to civilization, as is the present American Congress. The questions with which the Seventy-seventh Congress has to cope include national defense, civil liberties in times of crisis, fundamental labor policies, forms of taxation, and possibly monetary standards.
The Localization of the Spanish War
Authors: Wilcox Francis O.
Published: May 2006

In July, 1936, none of the Great Powers wanted a European war. But, as in 1914, the preceding three or four years had brought in their wake a series of incidents and developments which increased tension considerably and made statesmen realize that a general war was far from impossible. The armaments race, the Italo-Abyssinian affair, the remilitarization of the Rhine zone, the Franco-Soviet alliance and the resulting denunciation of Locarno by Germany, the growth of nationalism and dictatorship, the increasing hostility of bolshevism and fascism, the apparent breakdown of world peace machinery—to mention only a few aspects of the situation—produced considerable pessimism about the chances for keeping the peace. On July 1, 1936, M. Blum, speaking in the League Assembly, emphasized “with what serious apprehension France views the present situation.” “The world at this moment,” he said, “is not a world of peace … We feel the atmosphere growing heavy; we see the shadow looming. Everywhere the world is arming … For the first time in eighteen years, a European war is once again looked upon as a possibility.”
Elections in Algeria and the French Colonies Under the Third Republic
Authors: Winnacker Rudolph A.
Published: May 2006

The representation of colonies in the French parliament is one of the many oddities characterizing France's colonial system. Nothing similar is found in the political institutions of any other European colonial power. This representation is a direct result of the doctrines of the French Revolution, which preached the equality of man irrespective of race, color, or political education. Thus during the years of the National Assembly delegates from Santo Domingo, Martinique, and Guadeloupe were admitted, and on August 22, 1792, all of the colonies were given representation in the national parliament. This equality lasted until the advent of Napoleon and the constitution of the Year VIII, which suppressed the colonial deputies entirely for nearly fifty years. The political idealists of 1848 not only freed all slaves in the colonies, but also gave them the political rights of French citizens. In good Bonapartist tradition, Napoleon III, in 1852, put an end to this political experimentation, and only Algeria participated in the plebiscites of 1852 and 1870. When the Government of National Defense succeeded the Second Empire and by the decree of September 8, 1870, called an election on the basis of the electoral law of March 15, 1849, Algeria and the colonies regained their political representation at Paris; and they have kept it until the present time.
The Profession of Public Service
Authors: Mosher William E.
Published: May 2006

In introducing the subject of this paper, it is held that we have failed, on the whole, to develop the public service as a well-recognized professional calling in this country, although it is not denied that preliminary steps toward this goal have been taken here and there, and particularly during the past few years. The position is probably tenable that more progress has been made in this direction in the last decade than in any preceding period since Jackson, not excepting the decade from 1883 to 1893 when civil service commissions were first installed. Jackson's famous statement: “The duties of all public officers are, or at least should be, made so plain and simple that men of intelligence may readily qualify themselves for their performance, and I cannot but believe that more is lost by the long continuance of men in office than is generally to be gained by their experience,” has apparently been perennially accepted by the general public.
The Commission to Study the Organization of Peace
Authors: Simpson Smith
Published: May 2006

In the “battle of committees” which has raged over the foreign policy of the United States in recent months, the committees which have played the most active and most publicized rôles have been such propaganda groups as the Committee to Defend America by Aiding the Allies, the America First Committee, and the No Foreign War Committee. Such groups have left untouched an important task: careful, sober research into the problems which the organization of peace presents to the American people. This latter task, however, has not been wholly neglected. A Commission to Study the Organization of Peace, initiated by Professor James T. Shotwell of Columbia University in the fall of 1939, has undertaken at least a part of the task. Its methods of functioning, its work, and its objectives are of current interest to political scientists, and the present note is intended to call attention to the more important features of the Commission's work.
Federal Organization of Legal Functions
Authors: Swisher Carl Brent
Published: May 2006

Varied tasks throughout the vast field of activities of the executive branch of the federal government can be performed only by persons with training in one of more branches of law. The tasks run all the way from the administration of locally established rules and regulations of the several government agencies to the argument of fundamentally important constitutional questions before the Supreme Court. Down through the years of American history there has been conflict of opinion as to the proper mode of organizing the legal work of the government. It is contended, on the one hand, that functions of a highly specialized and highly professionalized character such as those of law ought, in the interest of symmetry and efficiency, to be integrated under centralized management. To a limited extent, such integration has been brought about in the Department of Justice. On the other hand, it is contended that the work of lawyers merely aids in the performance of more fundamental classifications of work done by the government, and that organization should be in terms of such topics as finance, foreign affairs, commerce, agriculture, and labor, with legal tasks grouped in subordinate categories and subject to control only by the respective heads of the major organizations. In line with this contention, all major departments and most other agencies have staffs of lawyers not directly connected with the Department of Justice.
The Executive Veto in Illinois
Authors: Negley Glenn R.
Published: May 2006

The original veto power in Illinois was vested in a council of revision, consisting of the governor and the justices of the supreme court, whose function was limited to a preview of legislative acts for the purpose of making recommendations in regard to their constitutionality. Practical difficulties hampered the effective operation of this council, especially the inability of justices to perform adequately their two sets of diverse duties. The constitutional convention of 1848 found it expedient, therefore, to reform the constitutional mandate of veto by concentrating the function in the governor.
Emergency Legislation in Great Britain
Authors: Miller James W.
Published: May 2006

In the light of the recent enactment of the Emergency Powers (Defense) Bill into law, the question of how Great Britain has dealt with national crises in the past is both timely and significant. The crises which will be touched upon here are (1) the World War, 1914–18; (2) the coal strikes of 1921; (3) the general strike of 1926; and (4) the new war of 1939. All of these situations led Parliament to give virtually unlimited powers to the crown for purposes of defense of the realm.
The Communist Party of the USA; An Analysis of a Social Movement
Authors: Moore Barrington
Published: May 2006

In certain sections of the daily press, and even in some scientific writings, one may find expressed fears that the United States faces a period of class struggle and revolutionary violence in which the Communist party will pay a prominent rôle. This is somewhat surprising in view of the fact that the Communist party of the USA has not engaged in revolutionary propaganda for the past eight years, and indeed abandoned the last slight remnant of revolutionary ideology in January, 1944. Nor does a Marxist revolution appear likely to arise from other sources. The only leftist groups that might with some accuracy be termed revolutionary, the two leading Trotskyite factions and the Revolutionary Workers League, the Socialist Labor party, the Proletarian party, and the Industrial Workers of the World, do little more today than engage in obscure polemics with one another. Their very names are unknown except to specialists. The Socialist party and its right wing splinter, the Social Democratic Federation, have long since abandoned revolutionary propaganda and confined themselves to reform within the present social structure. Thus at present no group that shows signs of growth is openly propagandizing for a Marxist revolution, and hence no promising focal point exists for an organized revolutionary movement based on the Marxist theory of the class struggle.

The reasons for the disappearance of Marxist revolutionary ideology, and the probabilities of its future recurrence in the United States, present a scientific problem that has received relatively little non-partisan investigation. As it is impossible to discuss in brief compass all of the factors that might lead to revolutionary disturbances, in this paper the analysis will be limited to the Communist party of the USA, as the most significant proponent of this point of view in recent times.
The Adaptation of Administrative Law and Procedure to Constitutional Theories and Principles
Authors: Haines Charles Grove
Published: May 2006

Frank J. Goodnow, one of the founders and the first president of the American Political Science Association, predicted many years ago that the era of constitutional controversies, when most of the great national legal and political issues in the United States centered around the interpretation of the provisions of the Constitution, would gradually be replaced by an era when the foremost issues of the time would be concerned with the scope, efficacy, and significance of administrative law and procedure. Issues of constitutional construction, however, have a tendency to persist in the operation of the American federal system of government. And the effort to reorganize the federal judicial system in 1937 aroused a new interest in constitutional history, principles, and theories. But it is true, nevertheless, that one of the matters of major importance today in the internal affairs of government is concerned with the development of administrative practices and techniques, as well as with the adaptation of administrative' legislation and adjudication to constitutional theories and principles.

For many years, administrative law and procedure grew in Anglo-Saxon countries without any special consideration being given to its development. Albert V. Dicey's insistence that there was no such thing as the French droit administratif in England seemed to satisfy the lawyers and publicists, and it was taken for granted in Anglo-American countries that there were no real issues or legal problems involved in the administrative process differing from the ordinary features of the application of the common law ideas of the administration of justice and of the supremacy of the law. The pioneer work of Goodnow, Ernst Freund, and others made only slight impressions on the legal profession, but gradually prepared the way for a new type of instruction and the consideration of problems in public administration and in public law.
Administrative Standards for Improving Naturalization Procedure
Authors: Dimock Marshall E.
Published: May 2006

Naturalization procedure is a complex process involving a dozen different steps from the time the alien enters the country until he finally receives his order of admission from the court. In recent months, considerable attention has been given it in the hope that part of the red tape and resulting delay may be obviated. Criticism of red tape and useless steps in the procedure has been widespread. As a student of the administrative process, I tried, during my period of service in the Department of Justice, to devote as much time as possible to improvement and simplification of naturalization, and in this I was encouraged by the Attorney General and other officials of the Department. In my treatment of this subject, the analysis and recommendations are primarily the result of my own thinking and analysis, but it can also be said that on the general approach, all of us in the Department who were concerned with this problem saw eye to eye. In the study of administrative procedure and the determination upon improvements, we in Washington have been greatly assisted by the administrative studies of the National Council on Naturalization and Citizenship.

Before we can deal intelligently with administrative analyses and recommendations, we must make up our minds as to the results we are trying to achieve. I am one of those who think that administration cannot be intelligently considered apart from the social problems and objectives which it subserves; for if it is so considered, it is almost sure to fall wide of the mark. What kind of citizenship are we interested in producing? Some of the most important administrative determinations to be made depend upon the answer given to this question.
County and Township Government in 1941
Authors: Snider Clyde F.
Published: May 2006

With national defense problems paramount in the public mind, it is not surprising that developments in rural local government during 1941 revealed, more than in normal times, the imprint of national and world conditions. State legislatures, though their sessions preceded Pearl Harbor, devoted much attention to defense problems and assigned to local governmental units an important rôle in defense organization and activities. Various steps were taken to foster coöperation in the defense effort by government at all levels; and, in view of the necessity for large national expenditures for defense purposes, additional emphasis was placed upon the need for local economy. Concurrent with the various defense-related developments was a continuation of normal peace-time efforts to improve the organization and operation of rural local government. As in former years, the events of 1941 will be summarized under the following headings: (1) areas; (2) organization and personnel; (3) functions; (4) finance; (5) optional charters and home rule; and (6) intergovernmental relations.
The Second Session of the Seventy-eighth Congress
Authors: Riddick Floyd M.
Published: May 2006

The Administration's legislative program for 1944 was presented to Congress in the 1945 budget message and the state of the Union message. Subsequently, drafted bills from heads of departments, administrative agencies, and even the chief executive, were submitted for Congressional approval. But they either embodied or supplemented proposals contained in one of the two messages, or were of an incidental nature.

The state of the Union message set forth a five-point program, recommending that Congress adopt: (1) a realistic tax law, (2) a continuation of the law for the renegotiation of war contracts, (3) a cost-of-food law, (4) an early reënactment of the stabilization statute of October, 1942, and (5) a national service law. Having listed these proposals, the President concluded: “These five measures together form a just and equitable whole. I would not recommend a national service law unless the other laws were passed to keep down the cost of living, to share equitably the burdens of taxation, to hold the stabilization line, and to prevent undue profits.”
The Ends of Government
Authors: Merriam Charles E.
Published: May 2006

The ends of government may be stated as follows: (1) external security, (2) internal order, (3) justice, (4) general welfare, and (5) freedom.

To the state, which is the name usually applied to independent political associations, these ends are accorded on the basis of observation and reflection. They may be summed up under the term the “common weal,” or the common good. This assumes that there is a community, made up of human personalities, that there are purposes, values, and interests in common, that there is a commonly accepted organization for carrying out these common purposes.

It cannot be said that these functions are the property or responsibility of the state alone. They are shared by other agencies of human society, and without their coöperation the political society can do little. The state provides a broad framework within which other societies and persons may operate more effectively, and undertakes common functions which it can more conveniently carry on, than other associations.
The 1942 Congressional Elections
Authors: Harding John
Published: May 2006

In 1942 the Democrats elected 222 candidates to the House of Representatives, while the Republicans elected 209. It was the most successful election for the Republicans since they lost control of the House in 1930, and marked a tremendous resurgence in their power from its nadir in the 1936 election. The change in the popular vote was not great; in 1936, 41.3 per cent of the major party vote went to Republican congressmen, while in 1942 they received 51.6 per cent of the major party popular vote. Yet clearly we have been witnessing a Republican trend; and the problem of this article is to discover the basis on which it rests.

I

It is well known that the majority of people in any election vote on party lines. Yet there are always a number of people not affiliated with either major party, and a number of “mavericks” who vote for the opposition candidate. If “issues” are involved in any election, their influence can be detected only in the votes of such people. Our first analysis will be directed to discovering what national issues, if any, were involved in the 1942 congressional elections.
The Judicial System of the Nazi Party
Authors: Mason John Brown
Published: May 2006

The Origin of Party Courts. When Hitler reëstablished the NSDAP organization in the spring of 1925, he built it up rather systematically, with several divisions to which separate tasks were assigned. The SA were the “troops,” intended for protection and order (as the Nazis saw it). The office of the Reichsschatzmeister was the finance division of the party, and the Organization Department had the job implied in its name. The Investigation and Adjustment Committees (Untersuchungs- und Schlichtungsausschüsse), briefly called USCHLA, finally, were the beginning of a now elaborate judicial system within the party, consisting of a hierarchy of local and district courts and a supreme court. As the party membership increased rapidly and the problem of its internal consolidation became pressing, the work of the USCHLA piled up. At first, the USCHLA was a rather loose organization, its members working as trusted representatives, so to speak, of the local and district party leaders each of whom had three on his staff. Their judicial competence and procedure was established for the first time in a set of Directions (Richtlinien) decreed by Hitler in August, 1929. After 1933, the Führer ordered the present Chief Party Justice, Walter Buch, to change the USCHLA into a regular party judicial system. New and amplified Directions were consequently decreed on February 2, 1934, defining the respective competences of the state and party courts, and assigning to the latter all matters affecting the party organization.