bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Labor Clauses of the Clayton Act
Authors: Mason Alpheus T. 
Published: May 2006

The Supreme Court's decision in the Danbury Hatters' case marked the beginning of a new era in trade-union activity, for laborers well realized that the Sherman act, as interpreted and applied by the court in that case, was a measure with which they would eventually have to reckon. The provision expressly declaring that equity courts may be resorted to in order to restrain violations of the act was an objection in itself, serious enough. But the statute held for laborers a much more vital concern: they also perceived that a strict construction of its provisions might even jeopardize the existence of the trade union itself. Laborers naturally felt very keenly even the suggestion that the Anti-Trust Act might be interpreted in such a manner as to deny to laborers the right to organize, and they undoubtedly believed, and not without a certain justification, that the dissolution of the trade union, as a combination in restraint of trade, would be the probable, if not the necessary, result of the court's decision in the Hatters' case.“Under the interpretation placed upon the Sherman Anti-Trust law by the courts,” Mr. Gompers averred, “it is within the province and within the power of any administration … to begin proceedings to dissolve any labor organization in the United States.” Labor unions exist only “at the suffrance of the Department of Justice.”
The Washington Meeting of the American Society for the Judicial Settlement of International Disputes
Authors: Marburg Theodore 
Published: May 2006

Although the peace movement is still a movement of intellectuals it is no longer confined to idealists. That fact is amply illustrated by the personnel of the congress held at Washington, December 15–17, 1910, under the auspices of the American Society for Judicial Settlement of International Disputes.The various groups of practical men in close touch with affairs—legislators, statesmen, educators and business men—who addressed the congress were likewise liberally represented in the crowded and interested audiences of the congress.The explanation of this change in the personnel of the peace workers lies partly in the fact that the growing waste of armaments has projected this question into the arena of practical politics; partly in the actual results accomplished by certain existing institutions, notably those set up at The Hague; together with the manifest need of additional institutions of a simple nature which it is folly to continue without. Among the latter that which in the minds of many men will do more to make war difficult than any institution thus far existing or suggested is a true international court of justice.
Primary Elections and Majority Nominations
Authors: Lush Charles K. 
Published: May 2006

The question of majority nominations in primary elections has been before the Wisconsin legislature during the last two sessions. (1905, Special Session, Bill 11A, and 1907, Bill 350A). Both times the proposition of securing majority nominations by means of the “second choice” has met defeat.This is written with the hope of making plain the basic principle upon which the second choice amendment to the primary rests. It is the principle that the nominee of a political party should represent the party principles or policy of the majority of the voters of the party. It prevents the possibility of a man representing the principles of only one-fourth of the voting strength of the party being nominated as the candidate of the party, and in direct conflict with the views of three-fourths of the voters of the party. It was the recognition of this principle that caused the conventions to nominate by majority vote of the delegates instead of by plurality. The present Wisconsin primary law prevents a number of candidates representing the majority sentiment as to party principles from coming into the field as candidates for the nomination for fear the candidate of a minority may be named by receiving a higher vote than any one candidate among the majority candidates. The present primary is, in effect, a convention to which every voter is a delegate and in which the candidate receiving the most votes on the first ballot is the nominee. The remedy lies either in the adoption of the second choice amendment (derisively known as the Mary Ann law), or by return to the convention system.
The Reorganization of State Government
Authors: James Herman G. 
Published: May 2006

The oft quoted remark of James Bryce concerning the government of American cities was certainly justified insofar as it condemned our American city government. To the extent, however, that it seemed to imply a recognition of the successful operation of our state governments it would appear to be in need of considerable limitation. Indeed there is evidence to show that the defects of our state organization made themselves pretty generally felt even before the evils of our city administration were recognized, and constitutional changes looking toward remedying those defects were undertaken before any serious attention was given to the consideration of municipal problems.On the other hand, it is true that once the evils in our American municipal system were recognized a more comprehensive, wide-spread, and successful campaign has been waged against them than has even been inaugurated against the manifest defects in our state governments. It is no exaggeration to say that today there are immeasurably more persons seriously and actively engaged in the cause of good city government than there are persons interested in the same effective way in improving our state governmental machinery. There are, of course, several good reasons why one would expect this to be the case, but our prime interest is sufficiently served by pointing out the fact without going into an examination of the explanation.
Political Developments in Germany, 1917–1918
Authors: Ogg Frederic A. 
Published: May 2006

A former issue of the REVIEW (November, 1917) contained a résumé of German political affairs from the outbreak of the great war to the accession of Chancellor Michaelis, July 14, 1917. The summary will here be continued to the abdication of Emperor William II in November, 1918.The appointment of Michaelis came at a time when the imperial government was under fire, both in the Reichstag and throughout the country. The Russian revolution and the entrance into the war by the United States had given a new impetus to the movement for political reform.
Decisions of the Supreme Court of the United States on Constitutional Questions: 1914–1917. III
Authors: Powell Thomas Reed 
Published: May 2006

Two instances of race discrimination which came before the court were aimed against aliens. Truax v. Raich annulled an Arizona statute which required every employer of not more than five workers to employ not less than 80 per cent qualified electors or native born citizens of the United States. The decision was based, not only on the equal protection clause, but also on the principle that the states must not interfere with the acknowledged powers of the nation. The power to admit aliens which Congress possesses and has exercised would be nugatory if the states after their admission could deny them the opportunity of a livelihood.But neither of these principles was held applicable to the exclusion of aliens from employment on public works. The opinions in Heim v. McCall and Crane v. New York went so far as to declare that a state must be as free as an individual to decide for itself what persons shall be employed on work done for it. Yet it must be seriously doubted whether the court by actual decision would go so far as to sanction discriminations against Quakers or Methodists or Republicans or Democrats. The exclusion of aliens may be justified on grounds which would not apply to other whimsicalities.
The Congressional Caucus of Today
Authors: Haines Wilder H. 
Published: May 2006

The convening of the 64th congress makes timely a brief discussion of the organization and operation of the Democratic caucus system in the house of representatives during the last two congresses; since the Democratic party remains in control of the present congress, it is to be presumed that the past caucus system will be continued in substantially the same form.The caucus system used in the 62d and 63d congresses was adopted by the Democrats, upon their accession to control of the house in 1910, to replace Cannonism, which had become of ill repute among the voters, and which had been partly over-thrown at the preceding session. The unwieldy size of the house, as well as the exigencies of party, required some extra-legal machinery to coördinate and direct the action of the members; the substitute chosen by the Democratic leaders was an adaptation of the senate caucus, formerly known as Aldrichism. The essence of Cannonism had been the control of the house by the speaker through his power of appointment of committees and his domination of the rules committee, backed by the power of the majority party caucus; the essence of the new system is direct control of legislative action by the caucus itself.
Purchasing of Highway Equipment in Texas
Authors: Stewart Frank M. 
Published: May 2006

Students of centralized purchasing give Texas the credit for being the pioneer state in the movement. With the creation of the office of purchasing agent for the eleemosynary institutions in 1899, centralized purchasing in state government is said to have had its beginning. Purchasing organization in Texas remained unchanged until 1919, when, following an investigation into all departments by a legislative committee, a number of departments, including that of the state purchasing agent, were consolidated into a state board of control.This board is composed of three members appointed by the governor with the consent of the Senate, for a term of six years, one member being appointed every two years. Each member receives $5,000 a year. A division of purchasing is one of six divisions under the board, others being (1) public printing, (2) auditing, (3) design, construction, and maintenance, (4) estimates and appropriations, and (5) eleemosynary institutions. The board is authorized to appoint a chief of the purchasing division, whose qualifications are prescribed by law. But since its organization in 1920, no chief of the purchasing division has been appointed, a member of the board taking direct charge of this division. In addition to the board member, four other people are engaged in the work of this division, including an assistant purchasing agent. No increase in personnel has occurred since the organization of the board. Responsibility is vested in the board for purchasing all supplies used by the departments and institutions of the state, including furniture and fixtures, and all other things except strictly perishable goods, technical instruments, and books.
The Japanese Privy Council
Authors: Colegrove Kenneth 
Published: May 2006

For more than a decade, the Privy Council has been the subject of political controversy in Japan. Today, a group of liberals look upon the Council as an obstruction to the progressive development of parliamentary government and urge its reform, if not abolition. Under these circumstances, there is a tendency to subject the Council to considerable scrutiny from a utilitarian viewpoint. What is its purpose? Does it adequately fulfill this purpose, or does it obstruct the present trend of representative government in Japan? What reforms in its structure and functions are to be recommended? The answers to these questions are suggested largely by the varying liberal or conservative views of the various critics.An evaluation of the achievements of an organ of government such as the Privy Council may be guided by several standards of value. One standard aims to measure the success of the institution in achieving the purpose of the states men who were the architects of its being. Another attempts to measure the success of the institution in promoting what is generally accepted at the present time by intelligent persons as good government. Measured by the first of these standards, the Privy Council would probably disappoint the author of the constitution, or at least disappoint his expectations as expressed in the almost naive language of the celebrated Commentaries on the Constitution wherein the Council was designed “to serve as the highest body of the emperor's constitutional advisers,” and was “to be impartial, with no leanings to this or that party, and to solve all difficult problems.”
Chambres de Commerce: Their Legal Status and Political Significance
Authors: Herring E. Pendleton 
Published: May 2006

The public character of the chambers of commerce in France and in Europe generally is a commonplace. Their intimate relationship with the government is taken as a matter of course. This very complacency is significant acceptance of the close rapprochement of the political and economic hierarchies. These organizations of entrepreneurs in France function as the legally recognized representatives of definite interests. It is regarded as no novel idea that business men as such have public duties and governmental responsibilities that must be conducted in coöperation with the state. The chambre de commerce is the usual agency for carrying on these contacts; it is classified as a “personne civile” and an “établissement public.” It is provided for by statute, given specific powers, and entrusted with definite functions. It is representative of local business men holding a mandate from the Republic authorizing them to perform specified tasks of government and requiring them to offer advice upon commercial and industrial problems.Regarded merely as agencies through which the government may secure a degree of perfunctory agreement from a selected number of employers and capitalists, the chambres de commerce would have little to offer. They are significant, rather, because of the fact that they provide a recognized means whereby discussion may be held upon questions by those who are directly affected by the outcome. Through such a consideration, the opportunity is offered to secure not only acquiescence but also understanding. The winning of consent is but one step in legislation.
Toward a Consistent Foreign Loan Policy
Authors: Laves Walter H. C. 
Published: May 2006

The Securities Act of 1933 marks the inauguration for the United States of what seems to be a consistent policy toward private loans to foreign governments. In view of the continued importance of such loans in our foreign relations, it appears appropriate to consider in some detail how the new policy differs from the old, and what its implications are likely to be.It is unnecessary in this journal to discuss the individual cases of friction arising from private loans to foreign governments during the last fifty years. What concerns us, rather, is the cause of such friction.
Political Science at the Crossroads
Authors: Ellis Ellen Deborah 
Published: May 2006

Political science is at the parting of the ways. Its foundations have been undermined by the claims of law and jurisprudence, into whose hands it has been deliberately surrendering itself for the past half-century or more, and now its chief strongholds are under fire from the neighboring fields of sociology, economics, and ethics. So severe and so persistent have these attacks become that the time has arrived when the political scientist must decide whether he will allow his subject to be absorbed in any one or all of these various fields, or will attempt to reëstablish it as a distinctive discipline.The reasons for this state of things are not difficult to discover. They quite obviously lie in the fact that in the pursuit of their basic problem—the search, namely, for the nature and source of sovereignty—political philosophers have so generally followed two equally futile and fruitless paths: either the path of pure speculation leading to a supernatural or metaphysical theory, or the path of legal analysis, leading ultimately to the juristic theory of the state. Indeed, during these recent years political theory has been so increasingly “under bondage to the lawyers” that it is little wonder that a reaction has come, and that thinkers in their determination to find the reality behind the formal juristic conception, are now repudiating not only the legal, but even the political, character of the state.
Judicial Elections and Partisan Endorsement of Judicial Candidates in Minnesota
Authors: Moos Malcolm C. 
Published: May 2006

All judicial officers in the state of Minnesota, including the chief justice and six associate justices of the supreme court and fifty judges in the district courts, are required to be nominated and elected without partisan designation. Judicial nominations and elections were made nonpartisan by the election law of 1912. During a quarter of a century, the nonpartisan ballot has given Minnesota the services of an exceptionally well qualified bench, and sentiment is practically unanimous in favor of continuing this method of selecting judges.Once elevated to the bench, a Minnesota judge has a good chance of continuing in that capacity as long as he wishes to serve. Supreme court justices have been regularly reelected; so that their tenure has been, for all practical purposes, the same as that of federal judges. Three of the present members of the supreme court have been elected once, two have been elected twice, one three times, and one four times. With one exception, the supreme court justices since 1912 have retired from office by resignation or death.Of the eighty-four district court judges who have served since 1912, only four have been defeated at the polls when seeking reelection. At the present time, thirty-six of the state's fifty district court judges have been elected two or more times, and twenty-three have been elected three or more times.
Benthamism in England and America
Authors: Palmer Paul A. 
Published: May 2006

The main purpose of this paper is not so much to measure the impact of utilitarianism on American political thought as to explain why utilitarian influence was so slight. The question I am seeking to answer may be phrased as follows: How did it come about that utilitarianism, the main current in English thought for two or three generations, was little more than a series of ripples, or at most a weak cross-current, on this side of the Atlantic? The problem becomes more puzzling when one reflects that the period of the rise and growth of utilitarianism in England (the first three or four decades of the nineteenth century) was an era in which intellectual relations between the two countries were especially close and one in which movements of political and social reform ran parallel courses. Quite reasonably, too, one might suppose that the qualities of Bentham's thought which contributed to its spread in England would have insured its enthusiastic reception here. A doctrine which contemptuously rejected tradition, preached hard-headed, calculating practicality, conceived of the individual as an isolated atomistic unit, and which in all its aspects and phases appealed to the virtues and limitations of the middle-class man of affairs—such a doctrine, one might think, would have flourished on nineteenth-century American soil.As preliminary to a direct attack on the problem, some definitions or distinctions are in order. “When I mention religion,” said Parson Thwackum, “I mean the Christian religion; and not only the Christian religion, but the Protestant religion; and not only the Protestant religion, but the Church of England.”
Geography and Foreign Policy, II
Authors: Spykman Nicholas J. 
Published: May 2006

In the first part of this article, we analyzed the effect of size and world location on the international relations of states and the problems of foreign policy. But more immediate in its conditioning effect is regional location—location viewed with reference to the immediate vicinity.Like world location, regional location is a question of facts plus the significance of those facts at any given historical period. Just as it was found necessary to consider world location in relation to two systems of reference, the geographic and the historical, so the full meaning of regional location becomes apparent only after considering both the geography and the historical and political significance of a state's immediate surroundings.Regional location determines whether neighbors will be many or few, strong or weak, and the topography of the region conditions the direction and nature of contact with those neighbors. The man who once formulated the foreign policy of Manchuria had to do so with one eye on Japan and the other on Russia; every international gesture of Belgium is conditioned by the fact that she lies between France and Germany and across the Channel from Great Britain; and the states of Central America can never for a moment forget that the territory north of them is occupied by one large power and not by several whom they might play off one against the other as their European counterparts, the Balkan states, have been able to do from time to time with their northern neighbors.
The Changing Pattern of Public Policy Formation
Authors: Griffith Ernest S. 
Published: May 2006

Change is the order of today, and the nightmare or the hope of tomorrow. For better or worse, the orbit of public policy is ever widening in all nations and in international organization as well. With its widening have come profound changes in the methods of policy formation; so much so that the normal vocabulary and thought patterns of the lawyer, and even of the political scientist, are among the chief obstacles to its understanding.In the article that follows there are considered, first, the changes in the over-all culture of which public policy formation is a part; and, then, and only then, the more precise changes in policy formation itself.Laws were once the typical expression of public policy. In this, their one-time characteristic rôle, they are now dying or dead, however reluctant many of our national leaders are to read the obituary column. Our so-called statesmen choose rather to live still in a world of dreams in which nostalgia for the days of a government of laws blinds them to the changed and paramount contemporary characteristic of government, which is organization to attain objectives. In the strict sense of the term, a law is a general rule of conduct. But today government consists largely, not of these general rules, but of continuous intervention—intervention by men in the relations between groups. The changing pattern of public policy formation is understandable only as change induced by this drastic alteration which lies at the very heart of the nature of government.
Report on the Research Panel on Comparative Government
Authors: Loewenstein Karl 
Published: May 2006

The Committee on Research of the American Political Science Association was appointed by President William Anderson in 1942. A considerable number of sessions were held during 1942 and 1943 in Washington under the chairmanship of Ernest S. Griffith. Four different regions of research were assigned for more specific exploration through panels to four “conveners,” namely, International Relations (Walter R. Sharp, later Phillips Bradley); Political Theory (Benjamin Lippincott, later Francis G. Wilson); Public Law (Carl B. Swisher); Comparative Government (Karl Loewenstein).In developing the panel on comparative government, the convener sent various circular letters and detailed questionnaires to some twenty-five members of the profession who, by their past performance, were believed to entertain active interest in the subject-matter. The original plan of having the group function as a round-table at the annual meeting of the Association in 1942 became a casualty of the war. But the sponsors were not easily discouraged, even though war duties limited their own and the participants' efforts. After an epistolary exchange of opinion extending over almost a year, a panel meeting was held in Washington on April 17 and 18, 1943, attended by twelve members coming from outside and six resident in Washington.