to be impaled upon either horn of that dilemma, but much prefer to recline comfortably between the two, asserting that the courts do both things and show no present inclination to abandon either. But one can never be really sure in arguing about due process of law that there is a real conflict of ideas rather than a confusion of terminology. The book is lucidly written with considerable ease of style and is heavily documented. In spite of this fact there are significant omissions, perhaps the most conspicuous being the failure to make any reference to Professor Corwin's valuable articles on due process in the Michigan and Harvard Law Reviews. There is a good index and a table of cases the references in which are, annoyingly enough, to sections rather than pages. The book is well printed and well bound. It is without doubt a most notable contribution to an important and vastly difficult field.

Robert E. Cushman

Cases on the Law of the Constitution. By BERÖE A. BICKNELL. Oxford University Press American Branch, New York, 1926. Pp. xiv, 215.

This volume prepared by Miss Bicknell is not a casebook, as that term is used in this country to describe a collection of source material, merely edited to bring the cases used within reasonable compass, and annotated to point out other material which may be used for class discussion or for collateral reading. In Miss Bicknell's book each chapter contains a concise statement by the author of what the constitutional law is in the particular field under discussion, which statement is immediately followed by supporting cases. cases are not set forth in the words of the reports. Instead the reports are paraphrased and condensed by the author, though in some cases she quotes somewhat at length from the opinions of the judges. In this way the author states the law of the British Constitution, and the substance of one hundred and twelve cases, in the compass of two hundred and six pages.

These

Part one of Miss Bicknell's volume deals with Parliament. The author points out that the supremacy of Parliament was not established without a struggle. Though from the time of Magna Charta the right to tax was declared to be solely in Parliament, the King was upheld as late as 1637 in a levy for purposes of military defense by a majority of his judges, and it required the Bill of Rights to clearly negative this power in the Crown. Though the power of the King to create offenses by proclamation was denied by the judges in 1610, the Stuart kings insisted upon their power to relieve individuals of any obligation to obey a law, or to suspend the operation of any law. These practices were finally brought to an end by the Bill of Rights. Later attempts by a single House of Parliament to legislate, and by electors to control their representative in Parliament were declared invalid. This part of the book also includes a treatment of the privileges of the Houses of Parliament, and of the composition of the House of Lords, and the prerogative of its members.

The second part of this book deals with "The Crown," and first with the king's prerogative that "residue of discretionary or arbitrary authority which at any given time is legally left in the hands of the Crown," as Dicey describes it. The right to make treaties is an important part of the prerogative. Treaties, however, do not become both international engagements and the law of the land as they do with us. If they are to affect the rights of individuals they must be passed by Parliament. All of the royal prerogative is subject to modification by Parliament, and, as it rests upon the common law or statute, its interpretation is within the jurisdiction of the courts. Since the King can do no wrong, he cannot be sued by his subjects; but by the same token he cannot authorize any wrong, and therefore a public officer cannot protect himself behind a royal command from liability for an illegal act. However, the sovereign may entertain a petition from a subject for redress, and at present the so-called Petition of Right is the accepted vehicle of redress for land or goods retained, or for breach of contract by the sovereign. The nature and limits of this proceeding, at home and in the dominions are made clear by the author. The author also devotes a chapter to the position of the servants of the Crown before the law, including military and naval officers, governors and viceroys.

In the chapter dealing with the Administration of Justice the author points out the internationally accepted exemption of diplomatic agents and of foreign sovereigns, even when the latter are engaged in trading ventures. For the latter proposition she refers only to The Parliament Belge, S. P. D. 197 (1880). Perhaps reference might also have been made to The Porto Alexandre, L. R. Prob. 30 (1920), and The Campania Mercantil Argentina v. United States Shipping Board, 40 T. L. R. 60 (1924). In the United States the lower courts have differed on this point, but the Supreme Court would seem to approve of sovereign immunity under such circumstances.2 The due process clause in our Fifth Amendment seems to give greater protection in this country in time of war than is afforded in the British Empire. At least the Privy Council, as Miss Bicknell points out, has upheld the right of military authorities to try civilians in time of war though the civil tribunals are in uninterrupted operation. This is contrary to the doctrine laid down by our Supreme Court in Ex parte Milligan, 4 Wall. 2 (1866).

Part four, entitled "The Subject," deals first with personal freedom, freedom of assemblage and freedom of speech. In the latter connection the discussion and cases leading up to Fox's Libel Act (32 Geo. 3 c 60) might well have been referred to. Next follows a chapter on "Aliens and Nationality," discussing the position of the alien, friend and enemy, before the law, and the rights of naturalization and expatriation. While in England some affirmative act on the part of the government, such as license or registration, is required to show

'See Note in (1925) 10 CORNELL LAW QUARTERLY 390.

2Oliver American Trading Company v. The Government of the United States of Mexico, 5 Fed. (2d.) 659 (1924), writ of certiorari denied, 267 U. S. 596, 45 Sup. Ct. 352 (1925).

permission to an alien enemy to reside in the territory so as to allow him to sue, in the United States such permission is implied from the government's failure to take any action to exclude him. A further possibility under the British constitution which seems strange to us is that an individual may by naturalization become a citizen of one part of the Empire while occpying the position of an alien in other parts. Yet we should remember that by statute in 1902 inhabitants in the Philippines were only declared to be citizens of the Philippines and that, while they are not aliens in the United States, neither have they the constitutional rights of citizens.

The fourth part of the book deals in rather brief space with "The Empire." Here is set forth the traditional legal relationships of Crown and Parliament to the self-governing dominions and to the other British possessions. The growing substitution for imperial control of voluntary cooperation by really independent members of a commonwealth of nations, both in internal and in international affairs, is only hinted at by the author.

Miss Bicknell's book is an interesting presentation of those rules by which the British government functions, as they have crystalized in judicial decision, in imperial legislation, or in one of the charters of liberty constituting agreements between the Crown and the people. The treatment clearly is not intended to be exhaustive, which would hardly be possible in the author's text of some thirty-five pages, but the framework of the British constitution is concisely exhibited to the reader with the supporting cases.

Charles K. Burdick.

Transportation. By TOPPING and DEMPSY. Printed for the Committe on Transportation. Pp. xvi, 179. 1926.

This book is a survey of the educational status of the entire field of transportation as disclosed by an examination of schools, colleges, universities and research institutes in this country, and also of corporate and governmental agencies concerned with transportation. The report was made by Victor Topping and S. James Dempsy, Strathema Memorial Fellows in Transportation in Yale University for a special committee appointed by President Angell to formulate more fully the instruction in Transportation in the University. The report is a condensed statement of their friendship and represents their own conclusions only.

Since this is a report of a field study the major portion of the book is devoted to descriptions more or less in detail of existing educational methods in schools and colleges, apprenticeship plans and research facilities, which are of interest in revealing the extent of such work. The more important part of the report, however, is found in the authors' discussions of the need of scientific methods in the industry and the possibilities of transportation as subject matter for university curricula. It should be noted that the authors did not confine their survey to railroads alone, but the discussion is intended to cover transportation in the broadest sense including automotive and other

agencies that are now, or may become in the future, factors in transportation as a national problem.

men.

It would appear at first to be unnecessary to advocate that the future leaders of this great field be educated men. But apparently those who now control our transportation facilities for the most part have not awakened to the possibilities of the college-trained man and as yet have not discovered how to adapt him to this field of work. They have failed, as the authors point out, to profit by the example of the electrical manufacturing industries, the telephone companies and the builders of modern power house equipment where most astounding progress has been made in the last quarter of a century, almost wholly because of the work of technically trained The railroads still plod sedately along content for the most part to train their own men in the old-fashioned way in the "school of hard knocks." Granting the value of long personal contact with actual railroading the fact remains that this system of training men was proven long ago to be insufficient and the steam railroad of today is corroborative evidence of this fact. It lags behind other fields of engineering in many ways so far as scientific development is concerned and yet, as these writers note, American railroad management, as a whole, is not friendly to the college man. The possibilities and limitations of technical education in relation to industry are fairly well understood and are not peculiar as concerns the field of transportation.

Most interesting is the plea that the authors make for the study of transportation as a cultural subject. "As a general cultural subject, transportation presents a most fruitful and serviceable study" they remark. There is much truth in this statement, but it is applicable to a very much wider range of industrial activity. Transportation of all kinds, the telegraph, the telephone, the radio, our state-owned canals and waterways and our vast array of steam and hydroelectric power plants have conjointly created a group of new economic problems so important as to justify the name "new humanities." The study of the economic and social effects of these new developments is truly cultural, though they are far removed in many respects from the older definition of culture. By an easy extension of the argument, there is no activity so important to humanity as agriculture, and one wonders if the authors could bring themselves to write enthusiastically on farming as a cultural subject as, indeed, many men have done. One wonders what impression such doctrines will make upon the faculty and officers of the corporation of an institution such as Yale, where the old definitions of culture still predominate. No doubt there are definite limitations to the cultural value of any economic study, and, in fact, our ideas of culture are somewhat vague at best.

The report will well repay reading by men interested in other educational fields. Many of the authors' conclusions are similar to those arrived at by investigators in other lines of work, such as those to be found in the current reports of the Board of Investigation of the Society for the Promotion of Engineering Education. A summary

of such investigations of modern industrial problems will show that all industry tends to become more scientific, hence men can be benefited by systematic training in schools and colleges. The study of the economic and social effects of any great industrial field is broadening and leads to a better understanding of our political structure. But all such investigations also show that technical and economic education alone are not sufficient. There still remains the great basic human problem which industry should be organized to serve, but is not. We have not been able as yet to apply the ideals of either the old or the new humanities to the successful solution of this, the greatest of all industrial problems. It is to be regretted that the writers of this very intelligent report did not write more about this phase of industry, though obviously they have some opinions of ther own regarding it.

Dexter S. Kimball.

Introduction to the Study of the Law. By EDMUND M. MORGAN. Callaghan & Co. Chicago, 1926. Pp. 187.

Professor Morgan's Introduction to the Study of Law might perhaps be more descriptively entitled a Reference Manual for first year law students. Over half the book is devoted to explanations of those peculiarly technical topics that the beginner in a law school finds strange and unusually perplexing, courts, procedure, forms of action, and pleadings. The author's large experience in teaching procedural subjects has revealed to him the student's early bewilderment in that field of law, and naturally greater stress is given to them in this book. Both before and after class room discussion, a review, by the student of applicable portions of this text will (to use a modish word) stabilize his information.

The chapter on Repositories of the Law is an excellent tool for use in the law library; and the instructions on How to Read and Abstract a Reported Case are of practical assistance in enabling him to formulate the essential results of his study. The citations of authorities, historical and other, upon which the author grounds his statements, show that he has consulted the latest and most expert. Incidentally, it may be remarked that for its purpose the book is slightly marred by an ironical, controversial and unnecessary footnote on the first page. The author might well have applied to that note his own comment concerning another topic (p. 57), that "it has such a comparatively unimportant bearing upon the problems of a first year student as to forbid its consideration here."

Les Aspects Économiques du Droit de Prise. By Jacques Dumas. Société Anonyme du Recuil Sirey, Paris. Two volumes, XII, 237,

290.

We have here two volumes of interest and of importance, dealing with economic aspects of the right of prize. Much has been written about the international law of prize, and its military and political aspects have been studied, but M. Lyon-Caen, in his preface to M.