Imágenes de páginas

Professor Shaler's little book is well adapted for use in the schools on account of the excellent collateral reading which it furnishes for a course in the study of Civics.

THE MESSAGES AND PROCLAMATIONS OF THE GOVERNORS OF IOWA, compiled and edited by Prof. B. F. Shambaugh, of the University of Iowa, published by the State Historical Society, is a five-volume series of 400 to 500 pages each carefully compiled from the Territorial and State documents and arranged chronologically. The value of such a service as Professor Shambaugh has rendered, especially to the future student of history, will best be appreciated when we attempt to realize the value of a similar service, had it been performed, in the older States. The completeness of such a work requires the insertion of many particulars which are not of general interest, yet these same particulars serve to fill out the details of the impression which the student of our commonwealth development will be glad to get. The work commends the painstaking editorship of Professor Shambaugh.

SOCIAL PROGRESS, a year book and encyclopedia of economic, industrial, social and religious statistics30 is edited by Josiah Strong, President of the American Institute of Social Service, although the work was largely done by W. P. D. Bliss, the editor of "The Encyclopedia of Social Reforms." The idea of such a year book is good and much useful information is included. There are numerous mistakes incidental to such a work, the bibliographies are defective and the amount of space devoted to certain topics might be criticised.

IN VIEW of the increasing recognition of the value of manual training and because of the influence which Hampton Institute has had upon the future of the negro a biography of the man who founded this school is most welcome. Samuel Chapman Armstrong31 was a rare man and his life story as told by his daughter is one of fascinating interest. Among those who had to do with educational measures for the negro Armstrong stands as one of the sanest and most far-sighted. He planned Hampton and he trained Booker Washington.

THE IMPORTANT and constantly increasing part which military government has played in the history of the United States in time of peace despite our traditional prejudices against militarism is interestingly told by Dr. David Yancey Thomas, in his "History of Military Government in Newly Acquired Territory of the United States."32 Dr. Thomas has left for others the history of military government during and following the Civil War and has confined his study to the government of the various territorial domains acquired from foreign nations from the time of their occupation by the military forces of the United States until they were accorded territorial Civil Government or, as in the case

30p. 273. Price, $1.00. New York: Baker & Taylor Company, 1904. 31A Biographical Study. By Edith Armstrong Talbot. Pp. vi, 301. Price, $1.50. New York: Doubleday, Page & Co., 1904. 32 Pp. 334. Price, $2.00. Columbia Studies in History, Economics and Public Law. Vol. xx, No. 2. New York: 1904.

of California, State Government. During this transition stage these territories were governed under the direction of the President as military executive and according to a method not expressly sanctioned by the Constitution. This Mr. Thomas correctly describes as military government. As to Louisiana, Florida, New Mexico and California Mr. Thomas' account involves practically a political history of those Territories during the territorial period. The history of Alaska, Hawaii, Porto Rico, the Philippines, Samoa and the Panama Canal zone are treated with far less detail, rather too much so as compared with the treatment of the domestic Territories, it seems to the reviewer. No one can read Mr. Thomas' monograph and escape the conviction that the American doctrine of the supremacy of the civil over the military power must be accepted in a restricted sense and that there are unmistakable signs of a growing tendency to depart from old traditions.

VANDERVELDE's little book on "Industrial Evolution," reviewed in the ANNALS Some months ago, has been translated into German3 and into English. Although Vandervelde is a university professor by profession, he has for some years been practically the leader of the Socialistic movement in Belgium. His views are in the main those of the German scientific Socialists of the school of Marx; but his wonderfully clear and forcible style and manner of presentation are all his own. The translation into German is the work of Dr. Suedekum, member of the German Reichstag.


The Police Power. Public Power and Constitutional Rights. By ERNST FREUND, Professor of Jurisprudence and Public Law in the University of Chicago. Pp. xcii, 819. Price, $6.00. Chicago: Callaghan & Co. 1904. Those who have known Professor Freund have recognized in him a scholar of unusual promise in the fields of public law and jurisprudence. His monograph on "Empire and Sovereignty," reviewed in a recent number of the ANNALS, showed that he possesses originality of thought as well as scholarship. The treatise which he has now given us on the police power is truly a magnum opus. Other works on the police power have appeared in the past, notably the treatises of Russell, Prentice and Tiedman, but they have either lacked the elements of scientific treatment and arrangement or comprehensiveness of treatment. We have in Professor Freund's treatise the work of a public lawyer trained in American and Continental schools of jurisprudence and consequently his work is marked by a breadth of view which does not characterize the older treatises. Professor Freund restricts his conception of the police power to that group of activities designed to promote the public welfare through restraints upon the use of liberty and property and therefore excludes from his work much of what has sometimes been included under the police power. He points out that the mass of the decisions on the subject reveal the police power not as a fixed quantity but as the expression of social, economic and political conditions and that as

33 Die Entwickelung zum Socialismus. by Dr. Albert Suedekum. Pp. 231.

By Emile Vandervelde.

Translated into German. Berlin: (Verlag der Socialistischen Monatshefte) 1903

these conditions vary the police power must continue to be elastic; that is, capable of development. The most remarkable feature of the police power in the United States is that it is practically a growth of the last quarter of a century. Comparatively few-almost none in fact of the thousands of statutes and decisions to which Professor Freund makes reference have their origin previous to the Civil War. During the brief period since then there has appeared an enormous volume of legislation and judicial interpretation relating to the public health, safety, morals and the various social and economic interests of society. That activity will increase with the congestion of population in the urban centers and the increasing complexity of modern civilization there can be little doubt. An interesting revelation of Professor Freund's work is the fact that a large and increasing amount of Federal activity now falls within the domain of the police power, in spite of the belief of the framers of the Constitution that they had left to the individual States the care and regulation of the various social and economic interests of their inhabitants. This activity is both positive and negative. The former finds its source mainly in the power of Congress over interstate commerce and includes such legislation as that relating to shipping, navigation, combinations in restraint of trade, the suppression of traffic in lottery tickets, and legislation relating to liquor, oleomargarine, adulterated foods and other objectionable businesses of an interstate character. In view of all this, Professor Freund correctly affirms that it is impossible to deny that the Federal Government exercises a considerable police power of its own (p. 63), and asserts that it must also be regarded as firmly established that the power over commerce while primarily intended to be exercised in behalf of economic interests may be employed for the protection of the public safety, comfort and morals. That is to say, the power of Congress to “regulate” commerce as interpreted by the recent decisions of the Supreme Court means vastly more than merely to "prescribe rules" as Marshall understood it. More important than the positive police legislation of Congress is the negative power of control exercised by the Supreme Court over the police activities of the States, in virtue of the fourteenth amendment. Professor Freund points out that the prohibitions upon the police powers of the States, established by this amendment and interpreted by the Supreme Court in the Slaughter House Cases to apply only to discriminating legislation against the negro race are no longer so restricted in their application, but apply with equal force to all persons and even to corporations. It is significant that there is hardly any important police legislation which has not been questioned in the Supreme Court as violating the fourteenth amendment and the Court has uniformly entertained jurisdiction and examined the merits of all such cases. Indeed, reference to the recent decisions shows that a large percentage of the cases now decided by that tribunal have their origin in the police legislation of the States.

In arrangement Professor Freund's treatise is logical and scientific. Its value to the student is enhanced by an elaborate table of contents covering twentythree pages, a table of not less than five thousand cases cited, copious footnotes and a comprehensive index of sixty-two pages.


University of Illinois.

Korea. By ANGUS HAMILTON. Pp. xliv, 313. Maps and Illustrations. New York: Charles Scribner's Sons. 1904.

Mr. Hamilton's book on Korea gives much information about that country. The author shows intimate knowledge of the country and people, describes their customs, pageants, cities and scenery and tells the reader the things he is most likely to wish to know. The style is good, and the book seems to have been carefully written. The foreign trade is keenly analyzed and the political rivalry of Russia and Japan is sketched up to the outbreak of the war.

The country is beautiful to look upon and its beauty is appreciated by the people who are described as well built and showing mixture of Caucasian and Mongolian blood. Plodding like his ox, the native lives by agriculture and household industry in the house of the farmer. Reforms have been made in the government, but "justice is still hedged about with bribery" and "immunity from the demands of the yamen is only found in a condition of extreme poverty." Political efficiency is reflected by the navy, containing twenty-three admirals and having one iron built coal lighter, until quite lately the property of a Japanese steamship company. "Korea is the helpless, hopeless sport of Japanese caprice and Russian lust." The book contains a surprising account of the progress of isolated Korea. The land of morning calm has been "stimulated by association with the Japanese. The contact has been wholly beneficial." The change is almost as noticeable as in Japan and is evidenced by the growth of Chemulpo since its opening as a treaty port. In the twenty years that have elapsed it has risen from a fishing village to a prosperous port, having 20,000 people, a prosperous trade, a liberal supply of telephone and telegraph and a railway to the capital which is using electric lights and street cars.

University of Pennsylvania.


A History of Matrimonial Institutions. By George ElliotT HOWARD. Three volumes of 1465 pages. Price, $10.00. Chicago: University Press. 1904. One of the most valuable contributions to sociological literature that has appeared in a long time is "A History of Matrimonial Institutions," by Prof. George Elliott Howard of the University of Chicago. The work is valuable not merely because of the importance of the subject, but by reason of the thoroughness of treatment of which each page gives evidence. It is a remarkable piece of work and will immediately take rank as a standard authority. The author has stated his conclusions clearly and forcibly, supporting them by abundant evidence, giving at the same time place to all opposing testimony. Each chapter is prefaced by a bibliographical note, often pages in length, while footnotes with detailed references abound on nearly every page. At the last of the work is a classified bibliographical index nearly one hundred and fifty pages in length which will be of great service.

The study opens (Part I, 250 pages) with an excellent resumé of the various theories of primitive matrimonial institutions. I do not know where else to find such a lucid and masterly exposition. No distinctly new material is here presented and Professor Howard agrees in general with Westermarck. "At the

dawn of human history individual marriage prevails though the union is not always lasting. In later stages of advancement, under the influence of property, social organization, social distinctions and the motives to which they gave rise, various forms of polyandry and polygyny, make their appearance, though monogamy as the type is never superseded." He thus definitely rejects the "doctrine of universal stages of evolution through which all mankind has run." Much evidence is presented to show that in all the ages of transition from status to contract, the woman has had a far larger freedom of choice and better protection than is generally supposed.

The rest of the study is chiefly devoted to the institutions of the English speaking race in England and America, though many pages are given to Continental antecedents. Part II, Matrimonial Institutions in England occupies 340 pages. Here the reader passes from descriptions of early Teutonic conditions down to present conditions. The attitude of the Christian Church towards marriage and divorce is carefully traced and the service rendered by the Church in securing publicity is gratefully acknowledged. Yet it is shown that even the Reformation did not alter the English conception that marriage is civil, not sacerdotal, in character and its control has been kept in the hands of the State in spite of many periods of confusion and in spite of the evident desires of the Church. Thus in England we see the early growth of that attitude towards marriage which found such striking and seemingly rootless expression in early New England legislation.

Part III, Matrimonial Institutions in the United States, contains the author's most important contribution. Here is presented a mass of generally inaccessible material never before collected. This is a distinct service for which every student of social institutions will be grateful. It is doubtless needless to add that many quaint and curious customs are described and attention is called to many important, but little known, facts. The conditions in New England, the Middle Colonies and the Southern Colonies are separately outlined. Two important chapters trace the progress of legislation on marriage and divorce from 1776 to 1903 and a digest of existing laws in all States is given.

That there is much in this legislation which is not pleasant reading and much that needs amendment today is frankly stated. Yet the author does not sympathize with the extreme views often held as to American marriage laws. On the contrary there is much to be learned from the experiments of different States. Professor Howard always keeps clearly in mind the fact that he is discussing social institutions over which organized society has full control. In spite of all divergencies we have developed an American type of marriage, i. e., a civil license, an optional civil or religious celebration (save in Maryland and West Virginia where the religious ceremony is required, and civil record of the ceremony. There are some evils which are fully discussed. At present the greatest obstacle to social control is the recognition of common law marriages. This results from the fact that the "vicious mediæval distinction between validity and legality is maintained." Such a union "is thoroughly bad, involving social evils of the most dangerous character." As one result many of our laws are unclear and indefinite and need overhauling.

Throughout the study divorce is constantly considered. Here, too, the

« AnteriorContinuar »