QUARTERLY EDITED BY THE FACULTY OF POLITICAL SCIENCE Volume XIX] DECEMBER, 1904 [Number 4 Present Problems of Constitutional Law The Courts on Restrictive Labor Laws. . EUGENE C. BARKER Reviews: Freund's Police Power The Harris Papers - Elson's History of the United States-Ogg's Opening of the Mississippi-Sanger's Compensation in Temperance Reform and Pease's Case for Municipal Drink - Du Bois's Negro Artisan The Negro Church Smart's Return to Protection, Brassey's Fifty Years of Progress, Dawson's Protection in Germany, Low's Protection in the United States, Chomley's Protection in Canada and Australasia, and Seidler and Freud's Eisenbahntarife - Gilman's Methods of Industrial Peace Special Report of General Assembly of Vermont on Taxation of Corporations, and West Virginia, Minnesota, Missouri, Michigan and Wisconsin Tax Commission Reports-Hartwig's Lübecker Schoss bis zur Reformationszeit-Palgrave's Bank Rate and the Money Market. 9 ST. MARTIN'S STREET, LEICESTER SQUARE, W. C. Entered at the Post-Office, Boston, Mass., as Second-Class Mail Matter A Review devoted to the historical, statistical and comparative study of politics, economics and public law. Plan. The field of the Quarterly is indicated by its title; its object is to give the results of scientific investigation in this field. The Quarterly follows the most important movements of foreign politics, but devotes chief attention to questions of present interest in the United States. On such questions its attitude is non-partisan. Every article is signed; and every article, including those of the editors, expresses simply the personal view of the writer. Editors. The Quarterly is under the editorial management of the Faculty of Political Science of Columbia University. Contributors. The list includes university and college teachers, politicians, lawyers, journalists and business men in all parts of the United States, and English and Continental professors and publicists. J. R. DOOLITTLE ....J. B. CLARK .F. A. CLEVELAND ..S. P. ORTH .J. C. GOLDMARK .W. R. SHEPHERD Wм. M. SLOANE Literature. Each number contains careful reviews by specialists of recent publications. At least twice a year these reviews will be supplemented by a series of short Book Notes. Record. - The Record of Political Events, published twice a year, gives a résumé of political and social movements throughout the world. Communications in reference to articles, reviews and exchanges should be addressed to Prof. MUNROE SMITH, Columbia University, New York City. Intending contributors are requested to retain copies of MS. submitted, as the editors disclaim responsibility for its safety. If accompanied by stamps, rejected articles will be returned, when requested. Subscriptions should be forwarded and all business communications addressed to GINN & COMPANY, 70 Fifth Ave., New York City; 378-388 Wabash Ave., Chicago; 29 Beacon St., Boston. Yearly Subscription, Three Dollars in America; Thirteen Shillings in England; Thirteen Marks in Germany. Single Numbers: 75 cents, 3s. 6d., M. 3.50 Back Numbers and Bound Volumes can be obtained from the publishers. POLITICAL SCIENCE QUARTERLY. PRESENT PROBLEMS OF CONSTITUTIONAL LAW.1 TE EN years ago, one was accustomed to hear the proposition confidently advanced and stoutly maintained that the period of development of constitutional law had closed and that the civilized world was in the period of administrative development. I knew then that this proposition, if not an error, was at least an exaggeration, and everybody knows it now. If the devotees of administrative law and theory had been content to say that constitutional law had reached a much fuller development than administrative law and that its unsolved problems, though highly important, were fewer in number than those of administrative law, no fault could have been found, or could now be found, with the contention. But the events of the last six years especially have shown that the work of the constitution makers is far from completion, and that we have entered, or are about to enter, upon a new period of constitutional development. In view of this situation, it is my purpose to discuss, as far as is possible in the limits of a single paper, a few of the more important problems which await solution or demand a new solution. All questions of constitutional law, as of political science, may be classified under three grand divisions, viz. sovereignty, government and liberty. I will not enter upon a philosophical treatment of the term and concept, sovereignty. I will only say that in every constitution 1 Read before the Congress of Arts and Sciences, St. Louis, September 24, 1904. A Review devoted to the historical, statistical and comparative study of politics, economics and public law. Plan. — The field of the Quarterly is indicated by its title; its object is to give the results of scientific investigation in this field. The Quarterly follows the most important movements of foreign politics, but devotes chief attention to questions of present interest in the United States. On such questions its attitude is non-partisan. Every article is signed; and every article, including those of the editors, expresses simply the personal view of the writer. Editors. - The Quarterly is under the editorial management of the Faculty of Political Science of Columbia University. Contributors. The list includes university and college teachers, politicians, lawyers, journalists and business men in all parts of the United States, and English and Continental professors and publicists. Literature. Each number contains careful reviews by specialists of recent publications. At least twice a year these reviews will be supplemented by a series of short Book Notes. Record. - The Record of Political Events, published twice a year, gives a résumé of political and social movements throughout the world. Communications in reference to articles, reviews and exchanges should be addressed to Prof. MUNROE SMITH, Columbia University, New York City. Intending contributors are requested to retain copies of MS. submitted, as the editors disclaim responsibility for its safety. If accompanied by stamps, rejected articles will be returned, when requested. Subscriptions should be forwarded and all business communications addressed to GINN & COMPANY, 70 Fifth Ave., New York City; 378–388 Wabash Ave., Chicago; 29 Beacon St., Boston. Yearly Subscription, Three Dollars in America; Thirteen Shillings in England; Thirteen Marks in Germany. Single Numbers: 75 cents, 3s. 6d., M. 3.50 Back Numbers and Bound Volumes can be obtained from the publishers. POLITICAL SCIENCE QUARTERLY. PRESENT PROBLEMS OF CONSTITUTIONAL LAW.1 EN years ago, one was accustomed to hear the proposition TEN confidently advanced and stoutly maintained that the period of development of constitutional law had closed and that the civilized world was in the period of administrative development. I knew then that this proposition, if not an error, was at least an exaggeration, and everybody knows it now. If the devotees of administrative law and theory had been content to say that constitutional law had reached a much fuller development than administrative law and that its unsolved problems, though highly important, were fewer in number than those of administrative law, no fault could have been found, or could now be found, with the contention. But the events of the last six years especially have shown that the work of the constitution makers is far from completion, and that we have entered, or are about to enter, upon a new period of constitutional development. In view of this situation, it is my purpose to discuss, as far as is possible in the limits of a single paper, a few of the more important problems which await solution or demand a new solution. All questions of constitutional law, as of political science, may be classified under three grand divisions, viz. sovereignty, government and liberty. I will not enter upon a philosophical treatment of the term and concept, sovereignty. I will only say that in every constitution 1 Read before the Congress of Arts and Sciences, St. Louis, September 24, 1904. |