The Green Bag

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Court of the United States. By Justice Brown of the Supreme Court of the United States (retired). Advocate of Peace, v. 73, p. 19 (Jan.). Address delivered at the Conference of the

Society for the Judicial Settlement of Inter national Disputes, Dec. 16, 1910. See International Peace.

statesman-like action have at hand the mate

International Law. See Government (India),

Panama Canal Fortification. International Peace. “The Carnegie Peace Fund." By Professor Paul S. Reinsch, Univer sity of Wisconsin. North American Review, v. 193, p. 180 (Feb).

An able discussion of the best means of using the Carnegie endowment for the purposes for which it is designed. Several possible fields for useful research supported by the Foundation are indicated. For example: — "A eat service would be performed by a scienti c study of all the ramified causes of war by mapping out, as it were, the etiology of war. War is not a compact entity, but a resultant from many complex phases of human life and experience. Certain causes which formerly pro duced war, such as dynastic interest, are no

longer operative.

The growing democracy of

nations has not, as was originally expected, re duced the danger of war, but has added other

impulses which may provoke hostility. It would appear that some of these causes could be studied with considerable scientific exactness. . . "Detailed scientific investigation ought to determine the actual effects of military life and action upon the physical and intellectual de velopment of the race. In this connection com plete and accurate data should also be secured as to the loss in human material inflicted upon civilization by periodical blood-letting on a vast scale—a subject of investi tion already sug gested by a prominent bio ogist. These con siderations are allied to others which include in their 500 the various phases of human char acter an intellect, and which would ascertain with exactness whether the special fitness culti vated by military training and the sacrifice made in actual war are compatible with the development of those types of efficiency which the standards of modern life require. In a word, the question concerns the relation of_war like activities to rsonal and social efficiency from the point 0 view of the most essential demands made by modern civilization."

ability is called for in order to assure an ade quate result. One sentence or clause in the completed code may be the outcome of years of investigation and thought; only after accurate scholarship has thoroughly collected and di gested all precedents, after constructive minds ave made a synthesis of all these results, will

_

Professor Reinsch also directs his attention to considerations which should govern the pro posed codification of international law: —_ . "In order to be adequate, a codification should rest u n a comprehensive, detailed and scientific stu y of recedent in diplomacy and arbitration, as wel as of the legal doctrines elaborated by the authorities. It should be based on a thorough knowledge of existing prac tice in all the branches of international rela tions; but it should also suggest and develop rinciples in which account is taken of the new orces that have come into the life of the world in our own era. A combination of patient in quiry. of scientific exactness and of constructive

rials for making a code that will command the respect of the world." Interstate Commerce. "Nature and Scope of the Power of Congress to Regulate Com merce." By Frederick H. Cooke. 11 Colum bi'a Law Review 51 (Jan.). “Now it seems established that Congress has what is, to a large extent at least, concurrent

power with the states in this respect, this being a concession to Congress, we submit. of a clumsy usurpation of powers reserved to the states by the Tenth Amendment. This usurpation was first cons icuously sanctioned in sustaining Con gressiona legislation prohibiting the transpor tation of lottery tickets from state to state. . . . "Regulation by Con ress of the agency of transportation ordinari y takes the form of regulation of the conduct and liability of car ners. . . . “Such regulation for the benefit of interstate travelers and shippers is within the power conferred upon Congress by the Commerce Clause, conspicuous instances of the exercise of such power being the Interstate Commerce Act and the Safety Appliance Act. But the states have, generally speaking, concurrent power with Congress in this respect. “The concession to Congress of the power, not

merely to regulate the conduct and liability of those engaged in transportation, but to itself furnish the means of transportation, thus by

way of improvement of waterways, is an abuse of the power conferred by the Commerce Clause." See Federal Incorporation, Rate Regulation. Juvenile Delinquency. "Control of Chil dren by the State." By Hon. Ben B. Lindsey. 17 Case and Comment 383 (Jan). "Ignorance of the law cannot be pleaded as an excuse by man; but how is a child to know until he is taught, and why condemn thought lessness and ignorance in the same terms which we bestow upon hardened vice? We shall deal more justly with erring youth, and more wisely with the great problem of zigzag human nature if we look upon the cardinal virtues as an achieve ment, rather than a heritage lost early in life." "Juvenile Offenders and Their Treatment." By Burdett A. Rich. 17 Case and Comment 387 (Jan). “The question whether a children's court should be regarded as a criminal court or a court of certainty. chancery. has . . not Thebeen system entirely which freetreats from un_ the children as wards of the state, to be

rotected,

rather than as criminals, and saves t em from

the sti a of a conviction for crime, is unques tionab y in advance of a system that treats them