bluuebunny/crossref_metadata_2025 huggingface dataset:
The Separation of the Races in Public Conveyances
Authors: Stephenson Gilbert Thomas
Published: May 2006

There is perhaps no phase of the American race problem which has been discussed quite so much within the last decade as the Jim Crow laws; that is, the statutes requiring separate accommodations for white and colored passengers in public conveyances. This has been the case largely because these legislative enactments are of general concern, while the other legal distinctions have directly affected only certain classes of either race. For instance, the laws prohibiting intermarriage concern only those of marriageable age; the suffrage qualifications apply only to males of voting age: the statutes requiring separate schools immediately affect only children and youths. But the laws requiring white and colored passengers to occupy separate seats of compartments or coaches concern every man, woman, and child, who travels, the country over. They affect not only those living in the States where the laws are in force, but the entire traveling public. The white man or the colored man in Massachusetts may not care anything about the suffrage restrictions of South Carolina, but, if he travels through the South, he must experience the requirements of the Jim Crow laws.

Inasmuch, then, as these statutes are of such general concern, it is proper that the people should know where they are, what they are, and the means of their execution. It is not the purpose of this article to take sides and discuss the justice or injustice of the laws, or the partiality or the impartiality of their execution, but rather to examine the provisions of the laws, and, so far as may be, to summarize the court decisions upon the different sections of the laws.
Failures and Successes at the Second Hague Conference
Authors: Reinsch Paul S.
Published: May 2006

It is inevitable that any undertaking should be judged primarily from the point of view of what was originally attempted by the participants and expected by onlookers rather than by a strict standard of actual achievement. In most of the unfavorable discussion that has been current during and since the conference, the point of criticism is the opinion that the conference has not fulfilled its avowed purpose, rather than a complete denial of the usefulness of such results as actually have been accomplished. At the very opening session of the conference, M. Nelidoff in his presidential address pointed out in disillusioned language the impossibility of realizing certain general ideals that had been entertained with respect to these great meetings. He admitted that “we need not be discouraged from dreaming of the ideal of universal peace and the fraternity of peoples, considering that the essential condition of all progress is the pursuit of an ideal towards which we always strive without ever reaching it. Nevertheless, we should not be too ambitious.” He concluded by saying: “Let us set bravely to work, our path lit up by the bright star of universal peace which we shall never reach but which will always guide us.” While some among M. Nelidoff's audience approved of his cautious conservatism, others felt that his utterances had received an unduly pessimistic tinge from the unfortunate position in which Russia has found herself since the war. Nevertheless, when we now review the efforts and the accomplished work of the conference, we may take as the keynote, the words of the presiding officer, pointing out inevitable limitations and bidding us look for results not in sweeping resolutions, but in detailed and specific arrangements which at first sight may appear somewhat trivial and of a purely technical nature.
Causes of the Lack of Political Cohesion in Spanish America
Authors: Bingham Hiram
Published: May 2006

The most serious criticism which we can lay at the door of the Spanish American to-day is his lack of political cohesion. The border provinces are everlastingly rebelling against the decrees of the central government. One hundred years ago, when the Spanish colonies began to secure their independence, they either did not combine or else combining soon fell apart. We naturally wonder why, when they copied our Constitution they did not follow our example and recognize the strength that comes from union. The answer to this and to many other criticisms that may be made is to be found in the history of the Hispanic race and in the geographical conditions that exist in the southern continent.

In criticising South American habits of mind and political tendencies, one must remember that the moral and intellectual characteristics that form the soul of a people are developed in its past and represent a legitimate inheritance from its ancestors. For the motives of its conduct, one must look to its history.

Historically, the Hispanic race was led to develop individualistic rather than coöperative action. In the Middle Ages the forces at work in the peninsula were centrifugal rather than centripetal.
Perspectives in Political Science, 1903-1928
Authors: Reeves Jesse S.
Published: May 2006

The American Political Science Association was founded December 30, 1903, at New Orleans. Its organization was the outgrowth of a movement looking toward a national conference on comparative legislation. A group having the matter in charge held a meeting in December, 1902, at Washington, the call for which stated that the formation of an American Society of Comparative Legislation had been suggested as “particularly desirable because of the complexity of our system of federal government.” Interest in legislation in general and in the problems presented by the lawmaking activities of the federal and state agencies in particular was, therefore, the starting point from which proceeded the wider range of interests which gave rise to this Association. The preliminary meeting in Washington indicated that if a new national society were to be formed it might be well to enlarge its scope so as to embrace the whole of political science, of which comparative legislation is an important part. A year later, thanks to the coöperation of the American Historical Association and of the American Economic Association, which were having joint meetings in New Orleans, opportunity was given to the group to form an organization, the members of which were in large part members of one or both of the older Associations. The adoption of the constitution of this Association was the result. In a way, therefore, the American Political Science Association is the god-child of the American Historical and the American Economic Associations. All but two annual meetings have been held jointly with one or both of the older bodies, indicating not only a factor of common membership but also a large measure of common interests and kindred endeavors.
Constitutional Law in 1927–1928: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1927
Authors: Cushman Robert E.
Published: May 2006

A protective tariff is constitutional. While most of us—Democratic party platforms to the contrary notwithstanding—had suspected that this was true, the Supreme Court, curiously enough, never passed on the question until its decision in Hampton v. United States. In that case the plaintiffs attacked the validity of the Tariff Act of 1922 on two grounds. In the first place, the so-called flexible tariff provision embodied in Section 315 was alleged to authorize an unconstitutional delegation of legislative power to the President. That section provides, in substance, that when the President, upon investigation, finds that differences in the cost of production here and abroad of articles produced in this country are not equalized by the tariff duties fixed by the act, he shall thereupon fix such new rates as will equalize these differences. The Court had no difficulty in rejecting this contention under the authority of Field v. Clark, in which the reciprocity sections of the Tariff Act of 1890 were sustained. Chief Justice Taft, speaking for a unanimous Court, reviews the general theory of the separation of powers and the doctrine that legislative power may not be delegated. He emphasizes, however, that each department may properly call upon the others for assistance “so far as the action invoked shall not be an assumption of the constitutional field of action of another branch.” The scope and character of this assistance, furthermore, “must be fixed according to common sense and the inherent necessities of the governmental coördination.”
Why The Chinese Oppose Foreign Railway Loans
Authors: Wang Ching-Chun
Published: May 2006

When the report of Chinese opposition against foreign loans reaches the western world, a certain class of people at once call such opposition the outcome of the historical anti-foreign feeling, oriental exclusiveness, self-conceit, and Boxerism. They assume that the Chinese have no grievance at all, and that these orientals “kick” simply because they are self-conceited heathens who do not know what is good for them. The more representative class, however, do not unreservedly subscribe to this opinion. They interpret the opposition as a manifestation of “Chinese nationalization.” Thus the New York Tribune in an editorial calls the recent opposition to the Hankow-Szechuan loan as “a strikingly characteristic manifestation of the rampant spirit of ‘China for the Chinese’ which prevails in large parts of the country.”

There is much truth in this interpretation. But it points to only one of the many phases of the case. It is, therefore, inadequate to explain the whole situation and is misleading when taken as the premise for the solution of the problem. In order to understand fully and estimate aright these oppositions which are likely to exist in the future, we should examine closely the underlying causes from all points of view.
The Short Session of Congress
Authors: Rogers Lindsay
Published: May 2006

On March 4,1917, when the senate filibuster killed the armed neutrality bill, President Wilson issued a statement in which he said that the situation was “unparalleled in the history of the country, perhaps unparalleled in the history of any modern government…‥ The explanation is incredible. The senate of the United States is the only legislative body in the world which cannot act when its majority is ready for action. A little group of willful men, representing no opinion but their own, have rendered the great Government of the United States helpless and contemptible.”
The Present Position of Representative Democracy
Authors: Laski Harold J.
Published: May 2006

The problem of representative democracy has been altered in a final way by the events of the post-war years. It is improbable that any one will again defend its superiority over alternative forms of government in the terms which would have satisfied either Jefferson or Jeremy Bentham. It is obvious that any view which places confidence in the power of universal suffrage and representative institutions, unaided and of themselves, to secure a permanently well-ordered commonwealth is seriously under-estimating the complexity of the issue. Such a view not only gravely exaggerates the power of reason over interest in society; it also misconceives the dynamic nature of the purpose which representative democracy is seeking to secure.

Looking back now, at a generation's distance, upon the success of representative democracy in the nineteenth century, it is plain that this was due to the coincidence of quite special conditions.
Mr. Justice Brandeis: Exponent of Social Intelligence
Authors: Mason Alpheus T.
Published: May 2006

It is common observation that progress in social sciences has not kept pace with mastery of natural sciences; that ability to deal effectively with modern industrial life offers a very poor parallel to the expertness with which scientific questions are considered. There are perhaps two explanations.

First, research in mechanical, chemical, and electrical science has yielded, as by-products, a vast crop of new problems in human affairs. While invention and discovery created the possibility of releasing men and women from the thralldom of drudgery, new dangers to liberty appeared with the introduction of the factory system and the development of the business corporation. Large publicly owned corporations replaced small privately owned concerns; ownership of the instruments of production passed from the workman to the employer; personal relations between the proprietor and his help ceased. The individual contract of service lost its character because of inequality between employer and employee. Group relation of employee to employer, with collective bargaining, became common; indeed it was, in the opinion of some, absolutely essential to the worker's protection. These changes, in turn, called for ever-increasing governmental regulation. One result has been to emphasize anew the essential unity of economics, politics, and law.

Second, progress in dealing with social matters has not kept pace simply because few men of talent and ability have bent their efforts to this field. It would be difficult indeed to point to any contributions to social research that begin to compare with those made by Steinmetz, Michelson, Millikan, Pasteur, and many others in the scientific field. Even seemingly elementary questions are still calling for solution. Is machine production, which tends more and more to exceed the possibilities of reasonable consumption, and to flood the world with goods for which there is not sufficient demand, to be restricted ? If so, how ? Why is our economic and political machinery so clumsy and inefficient that men are permitted to go hungry in the cities while wheat is being fed to hogs in the West? Why are factories closed when so large a percentage of the human race is undernourished, underclothed, and clamoring for jobs? Should unemployment be left to the hard settlement of supply and demand, or are unemployment insurance and the dole to be recognized and established by law as necessary features of the new world economy? Why, in the midst of so many labor-saving devices, is there so little leisure for the workers? How, in short, can men be taught to think more about human welfare and less about property and vested interests? How can the economics of production and distribution be reorganized so that everybody will have more of the good things of life and less of poverty, misery, and distress? It is certainly an extraordinary and challenging fact that our parents, with comparatively few of the conveniences and labor-saving devices that are ours, were nevertheless more contented, peaceful, and secure.
Social Aspects of the Planning State
Authors: Lorwin Lewis L.
Published: May 2006

We are witnessing today in both Europe and America the breakdown of what may be called the nineteenth-century equilibrium, and at the same time the effort to work out a new equilibrium as a basis of life for the twentieth century. The New Deal is the American phase of this movement. We can understand it better if we view it with the search-light of the movements in other countries, and if we make clear to ourselves what is driving them, how they are being driven, and what problems are in their path.

The key to recent social developments seems to me to lie in the resurgence of the middle classes. This is a development of the last decade or so, and is largely the result of the failure of the two other major social groups—the capitalists and the workers—to give Western society, especially Western European society, leadership and direction. On the one hand, the capitalistic groups, while concentrating industrial and financial resources, showed a sad incapacity to establish a leadership based on social needs and moral values.
British Political Parties in 1933
Authors: Chase E. P.
Published: May 2006

The present confusion in British parliamentary life results from three irreconcilable elements. In the first place, the House of Commons resembles the typical Continental legislative chamber in its division into groups, with an only provisional coalition of some of them into what might be called indifferently a union sacree, or a “government of concentration.” In the second place, the active political life of the electorate, being based on the traditional political parties, seems to have very little relation to parliamentary groupings. In the third place, the government shows a tendency to borrow its policies from the program of the opposition. Examination in turn of each of the three elements may reveal whatever coherence exists.
The Revolutionary Logic of the General Strike
Authors: Crook Wilfrid H.
Published: May 2006

Spanish and Cuban events during the past three years, and the recent labor disputes on the Pacific coast, have once again brought the general strike into the limelight. The abdication of King Alphonso and the flight of President Machado showed the potentialities of a successful general strike when labor faces the revolutionary logic of that weapon. The San Francisco débacle proved the futility of that method when labor refuses to admit its revolutionary implications.
Organization of the Executive Branch of the National Government of the United States. A Tabular View Showing Changes Made Between March 4 and November 1, 1933
Authors: Schmeckebier L. F.
Published: May 2006

Exceptionally rapid and drastic changes in the functional and structural aspects of the executive branch of the national government of the United States since the advent of the Roosevelt administration tend to leave the observer in a condition of bewilderment, from which he may to some degree be rescued by the guide furnished below. The outline was prepared by the staff of the Institute for Government Research of the Brookings Institution of Washington, and covers all major units of the Executive Departments with the exception of those in the Department of Justice and in the Post Office Department and those supervising the military and naval activities in the War and Navy Departments. For the Department of Justice and the Post Office Department, the supervisory units headed by the assistant attorneys-general and the assistant postmasters-general are included in the terms “Legal Services” and “Postal Services.” For the War and Navy Departments, the designations “Military Services” and “Naval Services” include all of the units supervising these branches. The outline includes also the independent establishments, and in some cases subordinate units are listed. The emergency organizations listed include only units specifically authorized by law or established by the President under general authority vested in him. There are also boards, corporations, and committees which operate with or are advisory to many of the units listed, and in addition some duties have been delegated to existing agencies which have not created separate units for extra work.
Ceylon's Government, Old and New
Authors: Fairlie John A.
Published: May 2006

The government of Ceylon presents several points of interest to the student of political institutions. The island is the most important of the British crown colonies, and has been governed in recent years under a dual system, with an appointed executive and a legislative council, a majority of which is elected. A new constitution, which will go into effect during the present year, provides for a novel system with a very large measure of responsible government, on the basis of universal suffrage, for a population overwhelmingly Asiatic, but of several stocks, and with a small European element. This experiment should throw light on the larger problem of the government of India.

Some data—geographical, historical, economic, and social—seem essential to an understanding of the political situation. Ceylon is an island of 25,000 square miles (about half the size of the state of Illinois), lying south of India and just north of the equator. The largest element in the population is the Sinhalese, descendants of an Aryan race that came from North India about the sixth century B.C., became Buddhists in the third century B.C., and retain that religion. Later came other peoples (Tamils) from South India, Hindu in religion, who occupied the northern part of the island. In the sixteenth century, the Portugese gained control of the coasts; and in the seventeenth, the Dutch conquered the Portugese districts. In 1796, during the Napoleonic wars, the Dutch sections were conquered by the British; and after a brief period under Madras they became a separate colony in 1802. After a war with the Sinhalese in the interior hill country, the whole island came under British control.
The Policies and Interests of Great Britain and Holland in the Far East
Authors: Mills Lennox A.
Published: May 2006

The Policies and Interests of Great Britain and Holland in the Far East. No traveller in Eastern Asia can fail to be impressed by the widespread alarm and hostility towards Japan's intentions and her economic penetration. This feeling is first to be encountered in Ceylon, where, despite the Singapore naval base, there is a distinct undercurrent of uneasiness among the Ceylonese political leaders. The attitude is much more pronounced in British Malaya, and becomes steadily stronger as one nears Japan. Sympathy for China is the dominant sentiment; but at the same time one encounters the belief that in the long run the Chinese may prove the more serious problem. A very important Dutch official typified this attitude when he remarked that he believed that Japan's ambitions in China would fatally overstrain her resources so that in a few years she would cease to be a menace, “but even after a couple of centuries the problem of the Chinese immigrants will be as serious as ever.”
The Summer Schools and Other Educational Activities of British Socialist Groups.
Authors: Starr Joseph R.
Published: May 2006

The summer school, it is generally conceded, is an American invention. It was at Chautauqua, New York, beginning in 1873, that the essential elements of a summer school were first combined in one institution. Originally a Methodist camp meeting, the “Chautauqua” became an assembly for serious educational effort and for refreshing the intellectual interests of its members. But the recreational needs of the thousands of people who each summer flocked to Chautauqua were not forgotten, and organized recreational facilities were from the first an integral part of the movement. Thus the summer school, with its central idea of study in a vacational atmosphere, was born and started on a career during the course of which it has profoundly affected other institutions, such as churches, universities, agencies for adult education, and political parties.
British By-Elections Between the Wars
Authors: Pollock James K.
Published: May 2006

The electoral system of Britain provides students of representative government and observers of voting behavior with a large and valuable field of investigation. The Mother of Parliaments has been elected on a democratic basis since 1918, and the constituency pattern which was rearranged after the first World War has continued down to the present time. The party picture too, although constantly changing, has not been altered fundamentally during the period. We have therefore an interesting and satisfactory span of time between the two world wars in which to examine the various aspects of British electoral institutions and behavior.
Geography and Foreign Policy, I
Authors: Spykman Nicholas J.
Published: May 2006

“La politique de toutes les puissances est dans leur géographie,” conceded the man whose famous retort, “Circonstances? Moi, je fais les circonstances,” indicates his contempt for any agency but the human will as the arbiter of human destiny. But since the Red Sea parted for Moses and the sun obligingly paused for Joshua, the human will has been unable to recapture the control over topography and climate exhibited by those forceful gentlemen, and it is probably safe to say that it was by Russian geography rather than by men that the diminutive Corsican was finally defeated. If he is still living, there is at Waterloo even today a loyal guide who asserts with unshakable conviction that neither genius nor skill but a swampy ditch gave that victory to Wellington.

Unfortunately for the political scientist with a fondness for simplification, but fortunately for the statesman striving to overcome the geographic handicaps of his country, neither does the entire foreign policy of a country lie in geography, nor does any part of that policy lie entirely in geography. The factors that condition the policy of states are many; they are permanent and temporary, obvious and hidden; they include, apart from the geographic factor, population density, the economic structure of the country, the ethnic composition of the people, the form of government, and the complexes and pet prejudices of foreign ministers; and it is their simultaneous action and interaction that create the complex phenomenon known as “foreign policy.”
Constitutional Law in 1943–44
Authors: Cushman Robert E.
Published: May 2006

There were no changes in the personnel of the Court during the 1943 term. Disagreement amongst the justices mounted sharply. In seventeen cases, four justices dissented; three dissented in twenty others. Two cases overruled previous decisions of the Court, bringing to twenty-four the total list of reversals since 1937. One of the two recent reversals, that in the very important case holding the insurance business to be interstate commerce, was effected by a minority of the justices, who divided four-to-three.

A. Questions of National Power

1. The war Power

Constitutionality of Wartime Price Control and Rationing. In a group of cases, the Court came to grips with the constitutionality and construction of the Emergency Price Control Act of 1942. The most important of these was Yakus v. United States, involving a conviction in a federal district court in Massachusetts for a violation of the maximum prices fixed by the O.P.A. on the sale of wholesale cuts of beef. Yakus refused to obey the price regulation, declined to follow the procedure made available in the statute for protesting against it, and attempted in his criminal trial to challenge the validity of the price regulations and of the statute on which they rested. This he was not permitted to do. Speaking through Chief Justice Stone, the Gourt held the Emergency Price Control Act to be valid, not only in its substantive regulations, but also in the procedures set up for its enforcement. The Court's opinion dealt with four points.
The Demise of the French Constitution of 1875
Authors: Loewenstein Karl
Published: May 2006

French constitutional theory, on the basis of extensive national experience, distinguishes between revolutions from below—elementary ground-swells among the masses which sweep irresistibly over the nation and destroy all constitutional obstacles—on the one hand, and revolutions from above, by coup d'état of a constituted organ, either a legislative body or a governmental agency, on the other hand. In the latter case, an effort is made to connect the new régime with the preceding order by what constitutional ropes, or even threads, are still available. This habit has created, in spite of frequent upheavals in the first half of French constitutional life since 1789, a strong sense of constitutional tradition and legal conservatism.

The events of July, 1940, may amount to a full-fledged revolution, but not a revolution in the common sense of the word, that is, a ground-swell rising from below. When France adopted the authoritarian form of government, no fascist mass party, today the indispensable prerequisite of popular upheavals, was in existence. It was a coup d'état from above, a deliberate act of the defeated military leaders and their political advisers—in short, a skillfully engineered political stratagem. The politicians among the group must have been well aware of the character of the Constitution as the supreme law of the land, capable of being abrogated only by a legislative act of equal rank.
California Uses the Government Corporation
Authors: McDiarmid John
Published: May 2006

As one of the most significant of recent developments in public administration, the government corporation has been the subject of much study and discussion. Apparently without exception, interest has centered around the corporate agencies of the federal government and their operations. The time is perhaps overdue to point out that an increasing number of our state governments are depending upon corporations of their own for financing, constructing, and operating a wide variety of enterprises, including tollbridges, sewage disposal plants, water resources and hydro-electric projects, housing programs, construction of university buildings, planetariums, public markets, and health resorts. The creation of the large majority of these state and local “authorities,” as they are ordinarily termed, is the direct outgrowth of the New Deal's public works and housing programs. In December, 1934, President Roosevelt wrote the 48 governors suggesting legislation which through “revision of the procedure relative to municipal financing” would enable the states to take “full advantage” of any public works program that Congress might continue. The legal division of P.W.A. was placed at the disposal of the states, and much of the stimulation as well as the form of “authority legislation” must be credited to its staff. In some states, only through separate corporations and the device of revenue bonds could state constitutional limitations upon borrowing be circumvented and state participation in the public works program made possible. Administrative advantages of the public corporation were also considered of importance, however, and in states where constitutional obstacles were not met, these seem to have been the determining factor in the creation of corporate agencies.
Democratic Processes in the Trade Agreements Program
Authors: Kreider Carl
Published: May 2006

For almost six years, American commercial policy has been dominated by the trade agreements program. The Reciprocal Trade Agreements Act of 1934 was a congressional grant to an administrative agency of authority to alter the American tariff structure. Congress had recognized the desirability of relinquishing direct control over the tariff, temporarily at least, because of the widespread feeling that subordination of group welfare to individual interests was inherent in the system of congressional tariff-making. This new departure was widely acclaimed at first, but opposition soon developed. It was charged that the trade agreement method violated democratic principles, that trade agreements were negotiated in secret starchamber proceedings. As negotiation of individual agreements was announced, producers who feared for their protected position in the home market, importers who desired to see domestic tariffs reduced, and exporters who wished to see the tariff barriers of other countries reduced, all sought to influence the course of the negotiations. This paper analyzes the methods used by the trade agreements organization to deal with these interested persons. Pressure groups have insisted that their interest in the course of trade agreement negotiations rests in the fact that they possess valuable information that the trade agreements organization must have to reach the best “bargain” with the other party to the trade agreements. Evidence to support this contention will be examined. Finally, for purposes of comparison, brief reference will be made to British experience.
New York's Legislature Under the Microscope
Authors: Lederle John W.
Published: May 2006

In these days of widespread dissatisfaction with legislative bodies, we are being presented with numerous studies on legislative improvement. One of the most interesting has recently been made by a special grand jury which investigated the New York state legislature. Although the final presentment praises the “general efficiency” and “rectitude” of the legislature and concludes with the statement that “the general picture … is of earnest men diligently engaged upon a public task in an earnest manner,” specific findings reveal serious laxities in the conduct of the state's legislative affairs. No doubt similar laxities may be found in most other states.

There are always rumors and whisperings as to evil goings-on in our legislative halls. The New York special grand jury did a real service in finding out their truth or falsity. It is of interest that neither the legislature nor the governor would, on their own volition, have considered such an investigation. We owe it to the fortuitous circumstance that Republican Governor Dewey and the Democratic political machine of Albany county did not like each other.
The Nature of Political Representation, II
Authors: Fairlie John A.
Published: May 2006

In the literature of law, there has been comparatively little discussion as to the nature of political representation. A representative democracy has been defined as “a form of government where the powers of the sovereignty are delegated to a body of men, elected from time to time, who exercise them for the benefit of the whole nation.” And a representative form of government has been defined as “a government conducted and constituted by the agency of delegates, or deputies, chosen by the people.”

Judge Thomas M. Cooley, speaking for the Michigan supreme court, said: “A representative is one chosen by a principal to exercise for him a power or perform for him a trust. In that sense, the mayor of a city is a representative for some purposes, the members of the common council for others, and the members of the board of education for still others … the right to be represented implies a right, not merely to name the person, but also to designate the trust that shall be confided to him.” On this basis, it was held that a board of park commissioners established by the state legislature with certain powers, and recognized by the common council of the city, could not be vested afterwards by the legislature with additional powers previously exercised by the council.

Somewhat similar is the position of an English judge as to the authority of a representative in a legal proceeding. “A solicitor is the representative of his client, but counsel is not, for counsel has the whole conduct of the case, and can act even against the instructions of his client.” It was accordingly held that a solicitor is a representative within S. 17(4) Bankry Act, 1883, and must be “authorized in writing” to entitle him to question a debtor at a public hearing.
The Village District in New Hampshire
Authors: Harvey Lashley G.
Published: May 2006

Although legally buried since 1891, the “precinct” in New Hampshire, like Banquo's ghost, continually arises to baffle students of New England local government. To the lawmakers, it is known as the village district; while in its annual report the state tax commission lists village districts as precincts, only adding to the confusion.

In making a count of governmental areas in New Hampshire, one finds the state divided into ten counties. Within these, there are eleven municipalities classed as cities and 224 towns. The cities were once towns, but have been incorporated as cities by the legislature, not in accordance with a population prerequisite, but upon application. The first city to be incorporated was Manchester in 1846.

All New Hampshire cities and towns include within their limits a great deal of rural land. Clusters of houses or settlements are sprinkled over these areas. Frequently, a settlement has several stores, a post office, and a railroad station and has the outward appearance of a village. Legally, however, such a settlement is not a village. It is administered entirely as a part of the town or city in which it is located, although it may be several miles from the principal urban center. New Hampshire has 639 such settlements, none of which is incorporated. Villages are not incorporated in New Hampshire as they are in Connecticut, Vermont, and Maine. Frequently they are referred to as places, but they should not be confused with the 23 so-called “unincorporated places” (found principally in the White Mountains), which are administered by the county and state governments almost completely. However, there are a few of the “villagelike” settlements within unincorporated places.
Proportional Representation in New York City
Authors: McCaffrey George H.
Published: May 2006

Proportional representation was regarded favorably for use in New York City elections at least 40 years before it was finally adopted. The legislative commission which drafted the so-called first charter for the city of Greater New York in 1896 expressed regret that “under the constitution of the state as it now stands, it has appeared to be impossible to provide for minority or proportional representation in the charter of Greater New York without making a vital part of the charter depend upon a provision of uncertain constitutionality.”
Approval of Bills after Adjournment of Congress
Authors: Schmeckebier L. F.
Published: May 2006

The constitutional clause governing the approval of bills after the adjournment of Congress is as follows: “If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.” The power of the President to sign after adjournment was not specifically established until 1932, in the case of Edwards v. United States (286 U. S. 482), and the failure of a bill unless signed within ten days after adjournment was not finally passed upon until 1929, in the Pocket Veto Case (279 U. S. 655).
Constitutional Law in 1944–45: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1944
Authors: Cushman Robert E.
Published: May 2006

The membership of the Supreme Court did not change during the 1944 term, but Mr. Justice Roberts resigned in July after the term had ended. Divisions in the Court were as numerous and as difficult to classify as before. Four justices dissented in twenty-seven cases, while three justices dissented in sixteen cases. The Court seems to be moving toward the old practice of the pre-Marshall period by which the justices wrote seriatim opinions. There is a depressing increase in the number of cases in which three, four, and even five justices feel impelled to write separate opinions.
The Komsomols—A Study of Youth under Dictatorship
Authors: Fainsod Merle
Published: May 2006

One of the most striking characteristics of modern totalitarianism is the conscious attention which it devotes to the organization and indoctrination of youth. The Soviet dictatorship is unique in having set the pattern of such activity; it has carried it on at a level of intensity and over a span of time unmatched by its now defunct Fascist and Nazi rivals. A third of a century has passed since the Bolsheviks rode to power in 1917; the membership of the Communist Party is today overwhelmingly composed of a generation which not only came of age since the Revolution but which also largely served its apprenticeship in the Young Pioneers and Komsomols. And waiting at the threshold of power is a new generation of approximately 10,000,000 Komsomols and 13,000,000 Pioneers, from whose ranks the Communist élite of the future is to be recruited.

What has been the history of this effort to assimilate and discipline the new generations? What manner of training are they receiving? What values does the present leadership seek to implant in them? What motives operate to induce affiliation with the Komsomols? How is the Komsomol organized? What are the activities of its membership? How are the oncoming waves of Soviet youth relating themselves to the society which has produced them? To what extent are they deeply loyal to the present régime? Is there evidence of disaffection among them, and if so, does this disaffection present any important threat to the stability of the régime itself?
State Constitutional Law in 1948–49
Authors: Sherwood Foster H.
Published: May 2006

The ever-increasing volume of litigation in state courts has made it necessary to exclude this year all decisions of courts other than those of last resort. In addition, with respect to subjects such as “police power” and “equal protection,” where classification or analysis of the decisions would require space out of all proportion to their importance, only a listing of the subjects involved in the case is attempted. The cases fall generally into the pattern used last year.

I. GOVERNMENTAL ORGANIZATION

1. Special Constitutional Provisions. The effective date of a new constitutional amendment was the subject of two decisions this year. In one, the amendment extending the term of office of county attorneys from two to four years was approved at a general election in which county attorneys were elected. The court held that the officers elected then were elected for the longer term, even though the amendment by its own terms did not become operative until the January following the election. This was so, even though the required local notice of the amendment omitted the effective date, since full state-wide notice was published by the secretary of state. The other case holds that the amendment becomes effective on the date of the canvass of votes rather than on the date of the election. Here, too, there were irregularities in the published notice in that it was not published in all counties on the same days and minor inconsistencies appeared in the printed versions. The court held that the purpose of notice had been substantially served.
The Senatorial Rejection of Leland Olds: A Case Study
Authors: Harris Joseph P.
Published: May 2006

One of the most important powers of the United States Senate—but one largely neglected in studies of Congress—is that of passing upon presidential appointments. At its regular session in 1950, the Senate granted its “advice and consent” to 25,590 nominations and rejected 4; in addition, 6 nominations were withdrawn by the President and 99 were not acted upon. The great bulk of these cases, some 23,056 of them, involved the promotions of military and naval officers, and were routinely approved. Another 1,197 nominations were of postmasters, now appointed after a civil service examination, whose approval by the Senate is pro forma. The remaining 1,446 nominations submitted by the President were for “other civilian” offices. It is with regard to this last group that the function of senatorial confirmation takes on importance. Even this number is much too great for the Senate as a body to consider, and during each session of Congress there are ordinarily less than a dozen contested confirmation cases which require consideration by the Senate itself. In general, no other function of the Senate is so completely delegated to its committees, which in turn act largely on the recommendations of individual Senators with regard to federal appointments within their states.
Nationalism in Tropical Africa
Authors: Coleman James S.
Published: May 2006

Postwar uprisings and nationalist assertions in Tropical Africa—that part of the continent south of the Sahara and north of the Union—have directed increased attention towards the nature and implications of the awakening of the African to political consciousness. Among scholars this neglected area has long been the preserve of the scientific linguist or of the social anthropologist; only recently have American sociologists, economists, and political scientists developed an active interest in its problems. As a consequence, apart from certain efforts by anthropologists to popularize their findings and insights we have been obliged to rely primarily upon the somewhat contradictory accounts of colonial governments seeking to explain imperial connections, or of African nationalists determined to achieve self-government and the good life of which national self-determination has become the symbol. Thus, we have been placed in the uncomfortable position of having to formulate opinions and policy and to render judgments without sufficient knowledge, or, what could be worse, on the basis of evaluations provided by participants in the nationalist struggle. There is, therefore, a very real need for independent and objective research regarding the character and probable course of African nationalist development.
The Role of the Military in Middle East Politics
Authors: Khadduri Majid
Published: May 2006

During the past four years several Middle Eastern countries have experienced governmental changes in which the army took an active part. In Syria and Egypt the army deliberately intervened to overthrow discredited regimes and to depose the heads of state. In Lebanon and Iraq the heads of state, themselves alarmed by an intense struggle among rival political parties, invited the army to intervene in order to maintain order. In Lebanon the army refused to crush the opposition, acting only as a caretaker; in Iraq the army agreed to support authority against disorder and the effect of its intervention cannot yet be foreseen.

This control of government by the military is indicative both of serious defects in democratic processes in the Middle East and of the eagerness with which Middle Eastern leaders seek high political office. In Western democratic countries, traditions have developed which tend to keep the army isolated from domestic politics, although military advice has often been sought on foreign policy, and persons whose careers have been in the military service are not infrequently elected, or appointed, to high political positions. This is a quite different matter, however, from the military's choosing to occupy high political office through the weapons of its own profession.
A New Approach to the Study of Ticket Splitting
Authors: Burden Barry C. , Kimball David C.
Published: May 2006

A new solution to the ecological inference problem is used to examine split-ticket voting patterns across states and congressional districts in the 1988 elections. Earlier studies of ticket splitting used either aggregate data, which suffer from the “ecological fallacy” and threaten individual-level inferences, or survey data from small, unrepresentative samples. We produce more accurate estimates of the proportions of voters splitting their ballots in each state and district, which enables us to examine variations across geographical units. We also clarify the connection between ticket splitting and divided government and test several competing theories about the causes of both. We find, contrary to balancing arguments, that voters are not intentionally splitting tickets to produce divided government and moderate policies. In most cases split outcomes are a by-product of lopsided congressional campaigns that feature well-funded, high-quality candidates versus unknown competitors.
Information Effects in Collective Preferences
Authors: Althaus Scott L.
Published: May 2006

Contrary to much of the literature on collective opinion, I find that the low levels and uneven social distribution of political knowledge in the mass public often cause opinion surveys to misrepresent the mix of voices in a society. To assess the bias introduced by information effects, I compare “fully informed” collective preferences simulated from actual survey data to collective preferences revealed in the original data. Analysis of policy questions from the 1988 and 1992 American National Election Studies shows that group differences in knowledge, along with the public's modest average level of political knowledge, can cause significant distortions in measures of collective opinion. The mass public may appear more progressive on some issues and more conservative on others than would be the case if all citizens were equally well informed. To the extent that opinion polls influence democratic politics, this suggests that information effects can impair the responsiveness of governments to their citizens.