bluuebunny/crossref_metadata_2025_split huggingface dataset:
The National Government of China
Authors: Quigley Harold S. 
Published: May 2006

The government at Nanking set up in April, 1927, by the Kuomintang (Nationalist party), in promulgating an “organic act” on October 4, 1928, took the title “national government.” On the seventeenth anniversary of the outbreak of the Republican revolution, October 10, 1928, the system of government provided for by the act was inaugurated. The act was drafted by the law codification bureau at Nanking and revised by a committee composed of Wang Chung-hui, deputy judge of the Permanent Court of International Justice, Hu Han-min, and Tai Chi-t'ao.Since November, 1924, when, upon the ousting of President T'sao K'un, the “permanent” constitution adopted a year before was suspended, China has been without a fundamental instrument of government. The four intervening years, like the eight which preceded them, have been filled with interregional warfare. At Peking a provisional president, Tuan Ch'i-jui, was followed by a dictator, Chang Tso-lin. Elsewhere, regional capitals exercised the actual powers of government. From Canton in May, 1926, was initiated a campaign to bring all China under Kuomintang authority. The success of the campaign enabled the Nationalists to establish a government which received recognition by the United States on July 25, 1928, and has since been recognized by every state having important relations with the country. Japan has extended recognition of the government as de facto only.
The New German Constitution
Authors: Shepard Walter James 
Published: May 2006

To understand the real nature of the government which now, under its new constitution, is attempting to guide the German nation through the perils of reconstruction is indeed a baffling problem. We are as yet too close to the events which brought it into existence and clothed it with constitutional forms to attempt their evaluation or to determine their significance. The revolution was so unlike what we should have expected as necessary to shift the ultimate power in the state from a narrow military and landed oligarchy to the masses of the people, that a doubt forces itself upon us as to its genuineness. The war, with its shattering of national ideals, its appalling toll of life, the grinding misery which it imposed, and the insuperable financial bondage to which it condemned the nation for an indefinite future, might account for a thorough popular disillusionment which would sweep the nation into the current of democracy. But if this were the case, we would expect a general enthusiasm for the new government, an evident popular sense of the passing of the dark night of autocratic rule and a joy in the light of a new and happier day.This is exactly what does not exist. There are three classes in Germany today. The first, who constitute only a small minority, are the nationalists and militarists who are bitterly opposed to the republic, and even now are agitating at every favorable opportunity for the restoration of the monarchy in its old form. The second class are likewise a comparatively small minority. They are the revolutionaries, the Spartacists with some of the Independent Socialists, who are just as strongly opposed to the government, using wherever possible the instruments of direct action to inaugurate the revolution which they believe has not yet been achieved. The vast mass of the nation appear to be utterly indifferent with respect to forms of government.
Administrative Decisions in Connection with Immigration
Authors: Post Louis F. 
Published: May 2006

Administrative decisions in connection with immigration are in a different class from those of the interior department and those of the interstate commerce commission as explained in the preceding papers. The interior department deals with distributions of public property and the interstate commerce commission acts judicially with reference to private rights; whereas administrative decisions in connection with immigration determine some of the most sacred of private rights as a mere incident in the execution of a public policy.The immigration service is within the general but minutely regulated administrative jurisdiction of the department of labor.This is the tenth and youngest of those executive branches of the federal government that are administered by members of the president's cabinet. For its administration the present secretary of labor, who is also the original incumbent, is William B. Wilson, of Pennsylvania.
Changes in British Parliamentary Procedure
Authors: Hayden Ralston 
Published: May 2006

One of the most interesting of the developments arising from the extensive legislative program which faced the first British Parliament under the Franchise Act of 1918 was the drastic amendment in February, 1919, of the rules of procedure of the house of commons. The address from the throne stated the necessity and the purposes of the proposed changes, declaring:“A large number of measures affecting the social and economic wellbeing of the nation await your consideration, and it is of the utmost importance that their provisions should be examined and, if possible, agreed upon and carried into effect with all expedition. With this object in view, My Government will invite the consideration of the House of Commons to certain proposals for the simplification of the procedure for that House which, it is hoped, will enable delays to be avoided, and give its members an increasing opportunity of taking an effective part in the work of legislation.”
Quasi-Legislative Powers of State Boards of Health
Authors: Dubach U. G. 
Published: May 2006

The aim of the present paper is to describe the regulative powers granted to state boards of health, and to consider the wisdom of these grants as well as their validity as tested by the principle that the law-making powers granted to legislatures may not constitutionally be delegated by them to other agents of government.State boards of health, while primarily administrative bodies, have generally a more or less extensive power to make regulations in supplement to and having the force of statute law. Questions thus arise as to the extent and validity of the ordinance-making powers granted. Does the power to make these regulations, having the force of law, change the nature of these boards? Under what conditions may they exercise their power?
The Trend Within the British Empire
Authors: Boggs Theodore H. 
Published: May 2006

Notable among the realities brought into sharp relief by the present war, is the spontaneous display of loyalty on the part of the British dominions. These “new nations within the empire,” notwithstanding a natural pride in their embryo consciousness of nationhood, have enthusiastically and of their own volition rallied to the support of Britain the head of this same empire. The apparent anomaly inherent in this state of affairs merits notice in view of its importance as a bed-rock principle in the politics of the empire. Moreover, the unique political status enjoyed by the dominions invites attention by reason of its very disagreement with the traditional view generally held as to the normal relations between colony and parent state.It is only within the past decade and a half that the older of the British dominions, bursting the colonial chrysalis, have begun to emerge into nationhood. Amid the transitions of the present age none is more significant than that which is changing the structure and organization of the empire. That this transition has not been more generally recognized is not surprising. Even the inhabitant of the British Isles has found it difficult to understand the attitude and temper of his fellow-citizen of the colonies. To the Englishman of the past the notion of imperial union was based on a helpless and enforced “loyalty.”
The Publicity Division of the Democratic Party, 1929–30
Authors: Barclay Thomas S. 
Published: May 2006

Observers of the American political system have long recognized the difficult position of the opposition party as an effective critic of the legislative and executive policies of the party in power, especially in the interval between campaigns. Our constitutional practices result in the nomination of “available” men for the presidency, and in the rather complete elimination of the defeated candidate from a position of acknowledged party leadership. The methods and traditions which govern and control the procedure of Congress are hardly adapted to produce party leaders who can speak authoritatively for the minority. It is rare that the party out of power is cohesive, united, and ready to present and support an alternative program. It is decidedly difficult, under normal conditions, to arouse public interest in the minority's position, save in the period which precedes an election. On the other hand, because of the great prestige attaching to the presidential office, and because of the elaborate methods of favorable publicity so highly developed by recent chief executives, the party in power is able to direct continuous attention to its policies and program.The question of effective minority opposition concerns chiefly the Democratic party, since it seems probable that it will remain, for the most part, in the position of an opposition party. The lack of funds adequately to finance campaigns and the relatively insignificant press support given to the Democracy are factors which accentuate the difficulty.
Felony Trials Without a Jury
Authors: Grant J. A. C. 
Published: May 2006

Recent crime surveys have shown that the majority of contested felony cases are never tried in open court, being settled instead by the striking of a “bargain” between the defendant and the prosecuting officer. Administrative discretion has thus largely supplanted judge and jury alike. The practice has been severely criticized by Professor Moley, who characterizes it as “ psychologically more akin to a game of poker than to a process of justice,” being “an attempt to get as much as possible from an unwilling giver” rather than “a search for truth.” In view of the technicalities and delay that were permitted to develop in connection with jury trials, the utilization of some such avenue of escape would seem to have been inevitable. The practice may be expected to develop still further unless judicial procedure is improved to a point where a trial becomes an efficient means of disposing of contested criminal cases.In most jurisdictions, the only alternative to such a compromise agreement has been a jury trial. Trial by a judge alone, the right to a jury being waived, has been regarded as of doubtful constitutionality. Recent decisions of the federal Supreme Court and of the supreme court of Illinois, sustaining such non-jury trials even in the absence of statutory authorization, have gone far toward dispelling this doubt, and warrant an examination of the practical working of the waiver plan in those jurisdictions where it has been given a trial.
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.
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.
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.
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.