Evening Star Newspaper, September 16, 1928, Page 40

Right of Supreme Tribunal to Declare Laws Unconstitutional Considered—Legislation Which Has Been Invalidated by Recent Judicial Opinions on Far-Reaching Questions. BY GREGORY HANKIN. IMITATION of the power of the Supreme Court in declaring acts of Congress unconstitutional has been proposed in several resolu- tions introduced in Congress, due to the increasing number of such dect- slons by a five-to-four vote. Some have proposed that the court shall not have power to do so, except by unanimous Vote, others by a vote of seven or six of the nine justices. This question which came into prom- fnence in the last number of years cul- minated as an issue in the presidential campaign on 1924. The late Senator La Follette, maintaining that the Su- preme Court had usurped the legislative Tunctions of Congress and had beéome a source of danger to the liberties of the people, favored a constitutioinal amend- ment whereby Congress could override a judicial veto by a two-thirds vote, in much the same way as it can over- ride an executive veto. About the same time, President Coolidge, in an address before the American Bar Association, maintained that the safeguards of the liberties of the American people lay in the power of the Supreme Court to nul- lify acts of Congre?s lt;vhen these are osed to the Constitution. vpgltany acts of Congress involving their constitutionality were before the recent session of the Supreme Court. Federal Gift Tax Invalid. The Federal gift tax of 1924, was de- clared unconstitutional in so far as it was imp on gifts made prior to June 2, 1924, when the act was passed. In one case, due to the absence of Just- ice Sutherland, the Court was evenly divided on this question. Chief Justice Taft and Justice MacReynolds, Butler and Vandevanter held that in so far as the tax was retroactive, it was un- constitutional. Justices Holmes, Bran- deis and Stone maintained that the act should be interpreted as having been in- tended to apply only to gifts made after the passage of the act, and thus avoid declaring the law unconstitutional. Ordinarily, when the Supreme Court is evenly divided, the decision of the lower court stands. In this case, how- ever, the question did not come up on appeal, or on petition to review the decision of a lower court. The Circuit Court of Appeals merely asked the Supreme Court whether the law, if ap- plied retroactively, is _constitutional. Bince the Court was evenly divided, that question could not be answered. But, since all of the justices concurred in the result, that the gifts made before June 2, 1924, were not taxable, no prac- tical difficulty was presented to the Circuit Court of Appeals. Shortly afterward the same question ceme up in two other cases, both on certiorari to the Circuit Court of Ap- peals for the second circuit. In one of these, the Supreme Court held, by 8 six-to-three decision, that in so far es the act was retroactive, it was un- constitutional. Justices Holmes, Bran- deis and Stone dissented. They main- tained that if the proper interpreta- tion is that Congress intended to make the statute retroactive, it was within the power of Congress to do so. In the other case the decision of the lower court was reversed without an opinion in favor of the taxpayer. Insurance Tax Unconstitutional. ‘The provision in the revenue act of 1921, imposing an income tax on life Insurance companies was held uncon- stitutional in so far as it affected in- come from tax-exempt securities. This act imposed a tax of 10 per cent on the gross income of life insurance com- panies, but allowed a number ol ex- emptions, among which were: (1) The income from tax-exempt securities and was prosecuted. The question, there- fore, pnrose whether under the act not only the purchase is to be presumed from the possession but also that the place of purchase is to be presumed; and if so, does the act satisfy the con- stitutional requirement that in all crimi- nal prosecutions the accused shall be tried in the district in which the offense is committed. The Supreme Court, in declaring the law constitutional, held that the place of purchase is likewise presumed and that this provision in the act is a proper measure in aid of revenue. Four judges dissented in the case. Justice McReynolds delivered an opinion, in which he maintained that the presump- tion of the place of purchase is uncon- stitutional. Justice Butler dissented on the additional ground that there was no evidence in the record that the de- fendant purchased the morphine or that when he did purchase the drug that it was not in an original stamped package. Justice Brandeis dissented on the ground that the crime in this case was not merely detected, but was insti- gated by the Government agents, and therefore the Government's evidence should not have been admitted. Justice Sanford dissented on the ground that the Government had not made out a prima facie case. Another provision in the Harrison narcotic act made it unlawful for any person to sell narcotics except on Writ- ten order of the person to whom it is sold, on a form % be issued in blank for that purpze by the Commissioner of Internal Ryvenue, The Circuit Court of Appeals for the eighth circuit re- quested the Supreme Court to rule on the question whether this provision means that only persons who are re- quired to register and pay the taxes may sell narcotics, or whether it is applicable to all persons; and if it is applicable to all persons, whether the act is constitutional. The Supreme Court held the provision applicable to all persons and that the statute is a proper measure in aid of the revenue powers of Congress, Three justices dissented. Justice Butler, with whom Justice Sutherland concurred, mainained that this provision was applicable only to dealers in nar- cotics who are required to register and pay the tax. Justice McReynolds main- tained that as interpreted by the ma- Jority opinion, the statute is unconsti- tutional; that as applied to dealers in narcotics this may be a revenue meas- ure, but any appiication beyond that is not within the powers of Congress; that Congress cannot under the guise of tax- ation undertake to regulate the habits of the people because such powers are “reserved to the States, respectivly, or to_the people.” In a number of cases which ques- tioned the constitutionality of acts of Congress, and the lower courts ruled in favor of their validity, the Supreme Court declined to review the decisions altogether. The Federal Trade Com- mission act was the subject of attack in two cases. In one case it was main- tained that the act is unconstitutional, because, while it declares unlawful a vast fleld of human conduct, it is a al statute, and as such fails to set forth the elements necessary to con- stitute the offense. The Supreme Court declined to review the decision of the Circuit Court of Appeals for the second circuit, which sustained the commission’s order in the case. ‘The Trade Commission act provides that the commission’s findings as to facts, if supported by testimony, shall be conclusive. In an appeal from an order of the commission directing a wholesale grocers’ association to cease and desist from certain unfair practices, THE SUNDAY STAR, WASHINGTON, -D. C., SEPTEMBER 16, 1928—PART 23 dicial power to the commission. The Circuit Court of Appeals for the eighth circuit upheld the statute, and the Supreme Court denied a review in the case. Excise Tax Questioned. “No tax or duty shall be lald on articles exported from any State” was the provision of the Constitution in- voked in an argument that an excise tax is invalid, if applied to exporting corporations. The revenue act of 1921 imposed a special capital stock tax on all corporations with respect to carry- ing on or doing business. A corpora- tion engaged exclusively in exporting maintained that, as applied to it, this act is in violation of the above con- stitutional provision. The Circuit Court of Appeals held, however, that this was not a tax on articles export- ed, but on the corporation’s right to do business, and held the tax valid. The Supreme Court denied a petition to review the case. Jurisdictional Act Attacked. The jurisdictional act of February 13, 1925, which was passed through the efforts of Chief Justice Taft, in order to enable the Supreme Court to function efficiently, and to unify the entire system of Federal law, has been attacked as being unconstitutional, in so far as it denied an appeal to the Supreme Court as a matter of right. This was a_ personal injury case. A woman in West Chester, Pa., while distributing circulars on behalf of her candidacy for the office of Representa- tive in the State Legislature, fell into a ditch which she alleged was left un- guarded by a gas company. The liti- gation in the Pennsylvania courts re- sulted in favor of the defendant, and the plaintiff petitioned the Supreme Court to review the case. She main- tained that under the Constitution of the United States she was entitled as a matter of right to appeal her case to the Supreme Court, but the petition was denied. Territorial Legislation. An act of Congress, which provided that no suit for the purpose of restrain- ing the assessment or collection of any tax imposed by the laws of Porto Rico shall be maintained in the District Court of the United States for Porto Rico, was attacked as unconstitutional, in so far as it was made applicable to suits which were already begun, or to rights of action which had accrued before the passage of the act. The Supreme Court, in dismissing a number of cases, held that “there is no vested right in an injunction against collect- ing illegal taxes,” and upheld the act of Congress. A Philippine law taxing insurance policies was held invalid, in so far as this was applicable to policies issued by a foreign insurance company hav- ing no resident agent in the islands. The Supreme Court also held invalid an act of the Philippine Legislature vesting in a “board of control” the power to vote the government stock in the Philippine National Bank. This board was to consist of the governor general, the president of the Senate and the speaker of the House. Subse- quently Gov. Gen. Wood issued an executive order declaring that in the future he alone would vote the gov- ernment stock, since this was purely an executive function which could not be usurped by the Legislature. In a case arising as a result of this con- troversy the Philippine courts sustained the governor general, and the Supreme Court affirmed the decision. Justices Holmes, McReynolds and Sanford dis- sented, Justice Holmes maintaining that the division between legislative and executive functions is too indis- tinct to permit the conclusion that this it was maintained that this provision is an unconstitutional delegation of ju- (2) an amount by which 4 per cent of the reserve fund exceeded the income from tax-exempt securities. A life in- surance company claimed that this pro- vision put it at a disadvantage because 4t had income from tax-exempt securi- ties, for the reason that, if it had no tax-exempt securities, it would have been entitled to a full exemption of 4 per cent of its reserve. It maintained, therefore, that the act imposed a bur- den and amounted to a tax on such securities, and was therefore uncon- stitutional. The court, in a six-to-three decision, upheld the company’s contentions. Justices Holmes, Brandeis and Stone dissented on the ground that the act had provided for a full exemption of the income from'tax-exempt securities; that the exemption of a portion of the reserve was in addition to the deduction already allowed on account of the tax- exempt securities, and that the com- pany was not in a position to question the validity of such exemption merely because its finances were such that it could not avail itself of the full measure of the benefit given by the statute. Railroad Law Held Invalid. ‘The act of Congress reviving certain suits against carriers after they had been barred by the statute of limitations was declared unconstitutional. Under the transportation act of 1920 the period of limitations for bringing suits against railroads for overcharges was two years. In 1924 Congress extended the period to three years and provided that such actions shall not be deemed to have been barred if they accrued on or after March 1, 1920, and suit was begun prior to or within six months after the passage of the 1924 act. The courts of Maryland, where the action was brought, held that in so far as the act of 1924 attempted to revive actions which had already been barred it is un- constitutional, because the statute of 1920 had barred not only the remedy of the shipper but also had wiped out the liability of the carrier. The ESu- preme Court affirmed the decision Wwithout an opinion. The constitutionality of the flexible tariff provision in the Fordney-McCum- ber act of 1922 was upheld by the Supreme Court. This provision empow- ered the President to raise or lower duties on imports, in an amount not exceeding 50 per cent of the dutles prescribed, whenever he found there was a difference in production costs at home and abroad, and the duty pre- scribed did not equalize these costs. It ‘was maintained that this provision was an unconstitutional delegation of the legislative and taxing powers to the President; that to proclaim a new tariff is a legislative act, and that it is also a taxing function. ‘The Supreme Court held that under this provision the President does not promulgate a new tariff, but merely applies the act of Congress; that the duties prescribed in the act are not fixed, but are variable and dependent upon the relative costs of production at home and abroad, and that the President is charged with the function of finding the facts, upon which the veriable tariff provided in the act be- comes applicable. Nareotic Act Upheld. ‘The constitutionality of the Harrison narcotic act came into question in a number of cases. Under this act it is unlawful for any person to purchase or sell narcotic drugs except. in the original stamped packages. The act does not make possession of narcotics unlawful, but it raises a presumption that the erson tound in possession of narcotics ad purchased the same. An attorney in Seattle, Wash, was charged with having purchased narcotics in un- stamped packages. The evidence was that he had smuggled morphine to some was purely an executive function. (Copyrizht. 1928.) ‘War Surely “Out” in Germany wasn’t men desiring to free their coun- __(Continued from Pirst Page) like mice trying to bell a tomeat. Gerechter Gott, do you suppose we want to starve and die once more for an illusion? Now we know.” Of course, you make the obvious an- swer. Men fresh from the horror of modern war never want another war. But the younger generation? They are too young even to remember the years of their starvation. They never saw the trenches. When the time comes they will believe the old catchwords, the old lies and deceptions, all the chimera of military glory. Yet if you spend just one day in Germeny you never make these remarks about the next genera- tion which mistakes the urge of its blood for an urge to war. Attitude of Students. Talk to the younger generations in Germany. Talk to them of military splendor and legitimate or illegitimate revenge on the enemy. They have one enswer: “I hate all that!” Better still, look at the younger generation. You see a few of the old saber cuts on the young student faces. You also hear the loud laughter of other young men and women at this once enviable dis- tinction. For every student taking himself seriously as a member of a corps and a proud recipient of facial mutilation yow'll see a thousand stu- dents calling the military education a ridiculous farce. Oh, no, they're not learning to duel. glory. They are doing just one thing; they are playing games. Even in Amer- ica you'll find no such enthusiasm for games. The young Germans are simply made with the desire for sport. Go Back to 1910. ‘Then let your memory go back to 1910 and the time you went to Berlin for pleasure and found yourself caught into the popular excitement about the Prus- sian Autumn maneuvers. Soldiers, sol- diers, everywhere, the populace mad with excitement, Eitel Fritz cheered as he rode by with his hand held at salute, nothing but talk about the army, and the official maneuvers on a huge field. Of course, the crowd really loved the parade as you loved a circus parade, with the reservation that a march of gaudy elephants and ridiculous clowns is hardly an inducement to any desire for war. As you saw the lines pass with leg after leg twisted to the goose step you remembered the circus and the sol- emn parade of seven geese behind a clown playing on a snare drum and a clown tootling on a fife. Here you saw 50,000 geese and clowns dressed up as officers that led the geese and in the bleachers sat 50,000 geese in civilian clothes. You turned to a fat man who sat be- side you and began to mutter: “The goosestep isn't military strategy. It won't win any wars.’ It is simply gro- tesque, nothing more.” Whereupon the fat man turned and you saw his eyes burning with mad- ness. You realized it was not a gag. You saw how it bred murderous - sions and the lust for military zm. You saw a' whole people under the yoke of a brainless aristocracy with no love of music and fine art and all the tender and gracious things of life. You saw this people trembling from fear of a foreign invasion, fear for the conse- quences of the Franco-Prussian war, fear for their trade and their cclonies, but reassured by 50,000 picked troops kicking out their legs like vertiginous ‘of his clients in jail who were addicts to the drug. He questioned the juris- diction of the court because it was ot established that he had purchased the drugs in the district in which be ballet dancers. Then you felt fear enter your heart like a bitter wind. At the time you were pretty young, but you knew war must come. You can't have that sort of thing and not have war, It land ‘They're not dreaming secret dreams of el try from the yoke of the oppressor. It wasn't desperate patriots resolved to retain a national integrity. It was just geese in uniforms. Nothing of the Sort Now. Now you see nothing of the sort. For the first time the men realize that in- stead of spending a year or two in bar- racks, bored to death, at the mercy of capricious officers, they have those years for business and sport. In two years they can learn to play a fair game of tennis. They are free men. Their days are their own for work. Their evenings are their own for dance and music and good beer. Instead of the goose-step in Germany you have the one-step. Every one dances. Even the old people jam the floor and dance until 1 o’clock in the morning. There are still the embittered mon- archists. No doubt they meet in dark cellars and plan all sorts of exciting monarchical things for the future. Now and then they are allowed a parade. It is no more than a parade of wooden soldiers. ‘The wiser monarchists realize the shattering truth of their own impotence. You meet many who have gone into business and beaten their swords into shares in a flourishing industry. Even German monarchists are much too Ger- man and too fond of work to sit about brooding in dark cellars like characters in the works of Mr. E. Phillips Oppen- As to Secret Arsenals. Before you left for Germany varlous of your friends came up and told you of huge arsenals of war material hidden in Germany. Ah, they said, as they nodded their heads In corrupt secret wisdom, you can't see the Germans pre- paring for war, but the arsenals are hid- den just the same! When you got to Germany you armed yourself with a lantern and went about looking for ar- senals. Where they are kept hidden must remain an unsolved mystery. Do the Germans hide gunpowder in the empty beer barrels they load on trucks? Are their beer factories vast storehouses for immense cannon that will obliterate New York in a shot big enough to be heard round the world? Do the Bava- rians meet in the Hofbrau House in Munich to plot conspiracies? Do they climb mountains every week end to learn secret passes whereby they can invade the rest of Europe? Mr. Oppen- heim may be right, but it is at least worthy of interest that in one of his recent novels he has his conspirators a little group of serious criminals who do their dirty work without the consent or knowledge of the people and the gov- ernment. ‘There are official visitors and paid correspondents to whom the Germans have got to be polite, just as the boys are always polite to some one’s father rung in on a poker game. It pays to be polite in any such case, but in your travels through Germany in three sep- arate years you were nothing official. You were an amateur. Everywhere you saw growing prosperity and a complete absorption in all the benefits of &ence. Everywhere as a foreigner (even if you did speak their language with a notable fluency and got your subjunctives right where the natives got them wrong) you met nothing but courtesy and kindness and comradeship in mutual interests of peace. ‘The piping times of peace, indeed. ‘The Germans find it a plezsant pipe to smoke as they drink their Munchener. The Lord Mayoress of Liverpool, Eng- still leaves republics in an over- whelming majority throughout gin of one, the division being 14 repub- Iies to 13 monarchies, as follows: gary, Latvia, Lithuania, Poland. Portu- gal, Russia, Switzerland and Turkey—14. slavia, Luxemburg, Norway, Nether- lands, Rumania, Spain and Swed- The republics have more population and are larger in are than the monarch- ernment. The full extent of the gain of republicanism in the world since archism might spread to the Western Hemisphere is shown in the world line- Republics—Argentina, Austria, Bolivia, Brazil, Chile, China, Colombia, Costa France Germany, Greece, Guatemala, Haiti, Honduras, Hungary, Latvia, Lith- Russia, Salvador, Switzerland, Turkey, United States, Uruguay and Vene- hanistan, Belgium, Bulgaria, Denmark, %:mt. British empire, Hejaz, Italy, Spain and Sweden—20. Are Practically Republics. New Zealand, Union of South Africa and the Irish Free State—are not listed the five nations for all practical pur- poses are republics, Great Britain re- ing governors-general who have limited powers. In foreign policy London now mit them against their wills, But in strjct technical listing they are not fication of republics. President Monroe probably did not sage, now called a doctrine, that re- publics not only would outnumber mon- Such areas as the Soviet Republic of Mongolia and small principalities such or are not admitted as members of the League of Nations as of adequate size It would seem that the monarchies now are the ones to set up some doc- of a general trend back to monarchies, reversing the great trend toward repub- archies the fendency, of course, would be vastly significant. parently starts off his reign with wide support among his people. Yet Greece republic since the World War, now be- ing poised as 2 republic, but if such turn again toward a monarchy. On the whole, however, the drift has to presage a bright future for monar- chism. Dictatorships such as prevail show a recrudescence of absolutism, but in the long sweep of the centuries may also is stretching the classification somewhat. ber the monarchies decisively i the League of Nations, for most of the na- League, some 33 are republics and 22 monarchies. No voting has been evi- but the reserve voting strength of re- publics is there if a clash did occur. Court the League has not paid any at- tention to this distinction so far, al- The present judges happen to be from monarchical countries by the narrow been represented by John Bassett Moore on the court, though the United land, recently tried her hand at the bat during a base ball game between Eng- and Wales at Liverpool. . . BY WILLIAM RUFUS SCOTT. LBANIA turning monarchical A the world, while in Europe it- self the republics retain a mar- Republics—Austria, ~ Czechoslovakia, Esthonia, Finland, France, Greece, Hun- ‘Monarchies—Albania, Belgium, Bul- garia, Denmark, England, Italy, Jugo- en—13. More Population, Larger Area. ies, since Germany, Russia, Poland and other nations adopted that form of gov- President Monroe, in 1823, enunciated his famous doctrine in fear that mon- up between the two ideals of govern- ment: Rica, Cuba, Czechoslovakia, Dominican Republic, Ecuador, Esthonia, Finland, uania, Liberia, Mexico, Nicaragua, Pan- ama, Paraguay,. Peru, Portugal, Poland, zuela—38. Monarchies—Albania, Abyssinia, Af- Japan, Jugoslavia, Luxemburg, Neth- erlands, Norway, Persia, Rumania, Siam, 1t may be noted that five members of the British empire—Canada, Australia, with_the republics but are merged in the British empire as a monarchy. Yet taining only the slenderest political control over them in such ways as send- always consults the dominions before acting and does not undertake to com- completely independent sovereign na- tlonz so they are left outside the classi- deem it possible that in less than a hundred years after he wrote his mes- archies in Europe but all over the world. as Monaco are not tabulated because they are not recognized diplomatically, or sufficiently autonomous to be rated as_full-fledged independent states. trine of self-defense. ~Albania’s action does not yet appear to be symptomatic lics caused by the World War. If Rus- sia and Germany should revert to mon- Has Support of People. The new King Zogu of Albania ap- affords a troubled picture for him, for it has wavered between monarchy and a powerful figure as Venizelos should pass from the stage the wheel might been so pronouncedly toward republics that temporary setbacks do not seem in Italy, Russia, Turkey, Poland and to a limited extent in Mexico and Spain be only incidents. And calling a nation as disorganized as China a republic With 38 republies to 20 monarchies it is evident that the republics outnum- tions listed are members of the League. Of about 55 nations members of the dent in the League that clearly indi- cated republican or monarchical bias, World Court Republican. In electing judges of the World though the membership of the World Court is just as decidedly republican, margin of six to five in a panel of eleven judges. The United Statez has States 1s not a member, and Charles Evans Hughes will continue to repre- AHMED ZOGU. ~—Wide World Photo. REPUBLICS IN OVERWHELMING MAJORITY THROUGHOUT WORLD Spread of Monarchism Unlikely—Albania’s Change Will Have Little Effect—Situation Over Glove Today. sent the United States as Mr. Moore's suCcessor. The opinion that the League of Na- tions is primarily an European organi- zation is offset by the fact that of the 55 nations members of the League, 20 are outside of Europe with 28 in Eu- rope, or a majority non-European. Eu- ropean problems may dominate the League, because of the backfire of the World War, but at any time the non- European nations could outvote the Eu- ropean nations if such an effort became necessary. King Zogu, hearing the shouts of ihe populace, “Long_live the King!” could ponder some cold statistics about re- publics and their predominance in the world, with the accessions to thefr ranks in the last brief eleven years, and respond: “I wonder?” as to the dura- tion of his dynasty. THE PUBLIC LIBRARY Recent accessions at the Public Library and lists of recommended read- ing will appear in this column each Sunday. Astronomy. Barton, 8. G. and W. H. A Guide to Constellations. LT-B28g. Proctor, Mary. Romance of the Sun. LW-P93r. Schuster, O. J. Other Worlds. LR~ Scha7o. Younghusband, Sir F, E. Life in the Stars. LR-Y886L Biography. Callwell, Sir C. E. Pield Marshal Sir Henry Wilson, bert. 2v. 1821. E-W6964c. Chesterfield, P. D. S, 4th Earl of. Characters. E-9C427. Davis, Rb H. Bob Davis Recalls. E- D207b. Hendrick, B. J. The Training of an American. E-H 143he. Rogers, Cameron. _The Legend of Cal- vin Coolidge. E-C778ro. Ronaldshay, L. J. L. D,, Earl of. The Life of Lord Curzon. V.1. E-C948r. Soulie, Maurice, The Wolf Cub. E-R s.E. Turner, A. L, ed. Joseph, Baron Lister, E-L699t. Business and Accounting. Filfus, Nathaniel, and Robinson, Na- thanjel. Fundementals of Book- keepl(nu and Accounting. HKB- F4741 Filfus, Nathaniel. Principles and Exer- cises in Accounting. HKB-F474p. Greer, H. C. How to Understand Ac- counting. HKB-G857h. Holt, E. G. Marketing of Crude Rub- ber. HER-H74m. ‘Warshow, H. T, ed. Representative In- dustries in the United States. HE83-W266r. Domestic Art. Building Economy; Architectural. Con- test Number, WIM-B86. California Redwood Association. Red- wood Home Plans. WIM-C 1244r. Economy Planning Service, West Palm Beach, Fla. Spanish and Italian Homes of Real Character and Dis~ tinction. WIM-Ec76. Children’s Books. Chrisman, A. B. The Wind That Wouldn't Blow. J. Field, R. L. The Magic Pawnshop. J. Finger, C. J. The Spreading Stain. §. Finger, C. J. Tales Worth Telling. j. Gravatt, Lila. Pioneers of the Alr. 18Z-G783p. Hallock, G. T., and Turner, C. E. Louis Pasteur. jJE-P263ha. Horne, R. The Good-natured Bear, J. Jacobs, Joseph, ed. The Book of Won- der Voyages. j. Lamprey, Louise, Wonder Tales of Architecture. jWF-L 197w. Lovmsbers, Hiose "o Aoy i , Eloise. The Kn! eigs, Cornelia. The Trade Wind. J. Miller, E. C. Children of the Mo Eagle. jG598-M6lc. e fiu(fin,jg. Pi) N:;iltl. 3. ukeriii, 3 . Gay- = Rebiay. ay-Neck. JPE-: Snedeker, C. D. Downright Dencey. J. European War, Golder, F. A, ed. Documents of Rus- slan History, 1914-17. F5466-G563.E. Jacks, L. V. Service Record, by an Ar- tilleryman. F30797-J 13s. Lutz, Hermann. Lord Grey and the World War. JU45-L97 1.E. Rendinell, J. E. One Man’s War: the gzhs"sy of a Leatherneck. F30797- Sandes, Flora. The Autoblography of a Woman Soldier—with the Serbian Army, 1916-1919. F30792-Sa53. Wwillis, I. C. !mslhnd's Holy War; & Study of Eaglish Liberal Idealism 3{%}'71;1‘ the Great War. F30798- Few Can Walk Straight. 1t is well known that persons lost in | woods frequent travel in circle. Prof. A. A Schaeffer of the University normal. ery one is to walk in narrowing spirals. like a clock spring. Some turn to the right, others to the left, experiments | opened itself wide to the open-han: of Kansas finds that this is perfectly | He says the tendency of ev-| with blindfolded persons reveal. The explanation is now being sought by psy LT B0, F I Delight Has Source in Joy of Ancient Story Teller—First- Hand Tales of World War—Expert Traveler Explores BY IDA GILBERT MYERS. APULIEUS: The Golden Ass. Being the Metamorphoses of Lucius Apu- leius. An English Translation by W. Adlington (i556). Essay by Charles Whibley. New York: Boni & Liveright. UNNING well toward 400 years ago one W. Adlington, English- man, came upon a writer of the second century. And the robust joy of this old story teller gas him so genuine a delight that he solved, then and there, to lift it “out of the Latine” and to set it down for the entertainment of L4 own country- men in their own tongue. This he did. And now through a love of letters coupled with enterprise the house of Boni & Liveright has, in its turn, placed the old Adlington translation of Apulejus within the reach of the cur- rent reader. The story itself, “The Golden Ass.” is a_very ancient one, going the rounds freely before its capture by this writer of so many years ago. A common prac- tice among gods and certain demcnic wers was to transform man into some lower creature—ass, beaver, goat, what- not. Upon this lower level the degradcd man served an_apprenticeship, sct around with specific conditions, through- which he ross again to his former level ‘There are any number of versions of | this phenomenon. Probably our own sinister witch cult was among the latest of these. Then, true as the Bible is t. e, there was Nebuchadnezzar, the ninth King of Babylon, who for his pride was lowered by God Hims°lf to th> level of the beasts of the ficld, ca! ing grass as these did. So, maybe, all of these are true tales, just as that of the King of Babylon is true past unbelief or dispute. However, the gist of the matter is that these are brought back to their former estate by the ob- servance of every detail of the punish- ment set upon them. And here, con- fined to a single instance, out of the many that might have been cited, is the long story of e Golden Ass.” A joyous tale, savce f.r ghosts and men of magic and powcriul necromancers who have an amazing lot to do with this business of growing back into the stature of a man. But, these dark spots are largely minimized in their grewsome effect by the bountiful and pervasive high spirits of the whole. For those who like the double story. the story that says one thing and means another, here is the figure of man’s life, It “toucheth the nature and manners of mortal man, egging them forward from their asinal form to their human and perfect shape.” 1t is, besides, a book of “pleasant and delectable jests” made for laughter and for the genial face of the best and highest wisdom. Charles Whibley in his introductory ‘“essay” calls this “brilliant medley of reality and ro- mance, of wit and pathos, of fantasy and observation, a beginning of modern literature.” Certain is it that this is a treasure of substance that is perfectly cotemporaneous in its appeal while it is at the same time a pattern of rythmic and beautiful prose-poetry. * K ok % A E. F. Ten Years Ago in France. By Maj. Gen. Hunter Liggett. Illus- trated. New York: Dodd, Mead & Co. EN. HUNTER LIGGETT here tells the story of our soldiers in France during the World War. A story of per- sonal partaking on the part of its au- thor is this one. Commanding the 1st American Army Corps overseas gave Gen. Liggett a position of broad over- sight from which he sets down at first hand and in the high authority of mili- tary tralning, of long military experi- ence, the war operations of our troops in France. Here is the story, immedi- ate, and still with the heat of battle upon it, of Chateau-Thierry and Belleau Wood. The Marne campaign is here and the work at St. Mihiel as well. The Meuse-Argonne battle is described in its plan and action and result. All of a vivid character are these operations at the front with our men and their associates in warfare. Leading to these descriptions and ex- planations and pictures there is a aphic summary of the conditions on the western front when our own men reached that place. Following these battles is a chapter devoted to com- ments_drawn from the observations of Gen. Liggett, comments bearing upon campaign and command, upon this or that phase of vital moment to the suc- cess of that vast undertaking. There are little stories among the greater ones, stories of personal valor here and there, of exceptional ability displayed by this one and that. So, the story has a wide appeal beyond that of the military student and the historian. It is warm with the valor of the common fighting man and it Is these who will have a special interest in this authentic mili- tary report to the people of America from the authoritative source that pro- jected this clear story of the greatest of all wars. ERE I THE CAVALIER OF TENNESSEE. By Meredith Nicholson, author of “The Main Chance,” etc. Indlanapolis: ‘The Bobbs-Merrill Co. ¢'T'HE CAVALIER OF TENNESSEE" is history, given immediate vi- tality by way.of fiction. And this is a thing quite other than the historical novel. A carcful reading of the story will prove to you that no liberties have been taken with existing facts in order to serve the purposes of romantic drama. However, any actuality at whose center stands so dynamic a fig- ure as the one in control here is, out of its own nature, bound to be pure drama. Here is the story of Andrew Jackson from the Revolutionary period up to the day when he set out to take office at Washington as President of the United States. Even a cursory grasp of our history gives evidence that Mr. Nicholson can depend upon his hero to provide action, impetuous and effective, to embody the pioneer in the most try- ing and dangerous days of the West- ward movement, to objectify courage and daring under every sort of stress, to set high a patriotism as pure in es- sence as it was often unexpected in its mode of expression. Experienced in story writing to the measure of more than 20 novels Mr. Nicholson realizes that this story can tell itself. So, in a sense, he steps aside to let it have its! way. Out of such an attitude comes a most important issue—a living figure | of the past whose vision is of his own day, whose behaviors express his own | times, whose vitality is vivid and im- pressive. History, important and alive, stands here embodied in one of the most striking and_picturesque of the great men of the Republic. * oK ok K ‘THE SPELL OF IRELAND. By Archie Bell, author of “The Spell of China,” etc. Boston: L. C. Page & Co. MUCH going about, here and there and everywhere, has given to Archie Bell ways of friendliness with many parts of the world. And since we all get pretty much what we give, many countries have given back to secrets that are withheld from casual travelers and toutists who hurry by in order to arrive at the next place. Here | is a case in point. To be sure, Ireland, both in its human and scenic content. | is calcuiated to Inspire any one, vet, it| is clear that in this instance it | enthusiastic visitor who wrote “The | Spell of Ireland.” First, it is a liesurely adventure. No hurry. Let's stop here. But this is not a tourist polnt—no his- tory, no castle, no fortress, no relic of | any sort—but oh! such s smiling sndl enchanting bit of land and water and 8ky, such a llving spirit of the people New Regions. of this green, green island! All along there are such moments of pause for dreaming and feeling and remembering long forgotten centuries. Then, in change of mood and purpose there 1s a spinning along toward this city or that one, toward this storied stretch of batsie and conquest. or defeat. There are lakes and hills and green sod to stow | away in the memory. There are v talks about the character of the of Erin, about their ambitions po and otherwise, about their letters the revival of the ancient tongue. And with the achievements there go along very specific directions, though not ob- trusive ones, about routes and convey- ances, and times and seasons, and t. gains that are to be gathered in from this quarter or that one. A delightful summering lies in this record of travel under the guidance of one who has taken on the power of defining the charm or spell of this place or that one, through the warmth of his sympathy, the extent of his knowledge | and the gift of setting 1t all out in lovely words and in a spirit of deep enthusiasm. * oK ok MAD FOLK OF THE THEATRE. Bv Otis Skinner, author of “Footlights and Spptlights.” Illustrated. In- dianapolis: The Bobbs-Merrill Co. 'EN “studied in temperament,” which constitute an important and deep- ly interesting survey of a period of the British stage. A history? Mr. Skinner denies the suggestion even. “Whenever I have seen a date on the road ahead I have dodged into a hedge and hid until the abhorred thing had gassed by —certainly not history. Rather, as he was going on his way, did this little group of 10 step out hailing him as friend and brother. And, gladly, did he sit down to collogue with them about the many things that fill the actor's heart. Thomas Betterton, Nell Gwinn and others on up to Edmund Kean and the elder Booth. “Certainly a mad com- pany.” “As an actor I saw myself in their company, intrigued by their vani- ties, loving their weaknesses, glorying in their successes.” And the writer marvels most of all at the modernity of these remote play folks. “Despite a background ranging from Charles II, through the ‘macaroni’ period of the Georges to the Victorian era, they are not very different from the matinee idols of yesterday and the Hollywood heroes and heroines of today.” So, in an easy and charming manner, Mr. Skinner talks significantly and even profoundly about these old actors in the handling of their art. “My failure to dignify my list by the inclusion of the talented Garrick, the sprightly Sheridan, the ponderous Kemble and the majestic Siddons, is an arbitrary action. "So much calculated observance of good form enshrouds them that I could not find it in my heart to allow their inclusion in the assembly of ne'er-do-wells already presented.” For instance, with Nell Gwinn, “the pro- fame elf of Charles II's court. No figure in the story of the stage offers greater opulence of gayety, fascination, vulgarity and common sense. She was sunshine in dark days"—but no com- pany for the Kembles and the Siddonses and the Garricks. So the heavy respec- tables must give way. A beautifully written book, just an easy gathering from the opulent career of Otis Skinner, himself one of the “Mad Folk of the Theatre.” ERE THE STRANGER AT THE FEAST. By George Agnew Chamberlain, author of “The® Silver Cord,” etc. New York: G. P. Putnam’s Sons. NOT at all uncommon nowadays for a child to have a string of step- fathers, or stepmothers, or both. Not a bit common, however, for two fathers to be living amicably with their little daughter and her mother in a family combination of complete harmony and unusual charm. To render so fantastic a theme in the Y:ast des believable, Mr. Chamberlain was driven back to the hectic attitudes and behaviors of war time. Little Joan had her begin. nings at that date. When we come upon her she is of proper evidential age, about 10. In the meantime the father has become a myth, a mere rec- ollection to the mother—dead, no doubt. It is upon such a situation that the romance of a new love and marriage is fourded. The eppearance of the blind stranger serves to complicate the matter and to move it forward in a tension of suspense, in uncertainty of outcome, such as the novel depends upon for its bare existence. As plot and action the story strains the reader way beyond a happy acceptance. This is offset, however, by the quality of the characters that carry on here. Not only are these people of flesh and blood, but they are finely human besides. The two fathers are winners—both of them. Little Joan is a joy. The woman— well, there are moments, both in novels and outside of them, when one marvels that so small a matter can kindle so flerce a conflagration. A smooth-run- ning story about whose implausibility one is inclined to be easy-going, espe- cially when he looks out upon an ac- tuality that gives the romancer an al- most unbelievable amplitude for his use in the creation of fiction. And, more- over, that splendid renunciation at the last moment is a thing to remember and to have joy in recalling. * K Kk K POOR LITTLE FOOL. By Fulton Oursler, author of “Step Child of the Moon,” etc. New York: Harper & Bros. THE spirit of investigation, scientific in origin and general purpose, appears to have moved out into every depariment of living. To search out, to pry into, to find out for one’s self, these are the steps by way of which conclusions are reached. In the single fleld of marriage, however, this method does not apply. Indeed, in this fleld it is rejected with disgust and terror. And that, no doubt, is exactly as it should be. Of course it is. There is really no way at all to set aside the profound ignorance required to meet the most important of all of life's en- gagements and undertakings. Mar- riage still holds to the old Pestalozzian principle of schooling, “We learn to do by doing” or, we learn marriage by marrying. But here is a young ma clearly of scientific mind and manner, who writes a book on marriage in the scientific vein. It is a book of experi- mentation. There is to be a marriage, presumably, so the two agree. But, the set time arrived, the girl will not be wedded. She will not any more have this young man in her life. Does she hate him? Not at all. On the con- trary she, in a way, loves him. But, strange fact, the love is purely of the maternal sort. He is her little boy, to be mothered, to be soothed. The story ends right there. No kind of a story, nothing to print. Yet—there does seem to be a very important issue from that experiment. No—bless your heart! I'm not advocating it. I'm condemning it from the top down and the bottom up. Yet—what a terrible discovery that would have been with im | & marriage all made and bound up. more or less irrevocably. These are trying times with so many things pre- | senting themselves for some sort of opinion and judgment. Certainly Mr. Oursler's “Poor Little Fool" js—well, is just that. Writes well a convincing writer if he had had here a single leg left to stand on. - G No T I BOOKS RECEIVED | (B 1 POLITICAL BEHAVIOR: The Hereto- fore Unwritten Laws, Customs and Principles of Politics as Practiced in t | bu: Would be | 1 the United States Kent. New York: & Co. WHY WE MISBEHAV] D. Schmalhausen. a manizing Education.” The Macaulay Co. THE BEAUTIFU By John Garlan Minister Emeritus t By Frank R William Morrow By Samuel hae of “H OF THE AIR: Their C the Atlantic from East fo West. mann Koehl, Ma mautice ana_Ba Huenefeld. Trans| F. Dunay. Illustrated The Knickerbocker Press APPLETON SHORT PLAYS-—SHAMI THE DEVIL: A Drama in One Ac By Kenyon holson, author “The Barker.” etc. Sola. New York: D. Applet THE _STRATFORD POET WISH. By Mabel Adams Boston: The Stratford Co. THE TEN COMMANDME! By Frederick David D. D, author of “Pa ways.” Boston: The Si ‘THE SEARCH RELENTLE stance Lindsay Skinn “The Coast Dweller York: Coward-McCann THE STUDENT ABROAD: Experiences and Impressions of an American Student in Europe and the M East. By John W. Brennan, C. R., Bac. S. Scripture. Professor sacred scripture and archeology. Boston: The Stratford Co. CHARLES W. ELIOT'S TALKS TO PARENTS AND YOUNG PEOPLE. Edited by Edward H. Cotton, author of “Theodore Roosevelt, the Ameri- can,” etc. Boston: The Beacon Press, Inc. GOITER PREVENTION AND THY- ROID PROTECTION. By Israel Bram, M. D, author of “Goiter: Non-Surgical Types and Treatment.” etc. Illustrated. Philadelphia: F. A. Davis Co. BOSTON UNIVERSITY GENERAL CATALOGUE: The Year Book, 1928-1929. Boston: Published by the university. ‘THIS MAN HOOVER; A Human Inter- est Story. By Earl Reeves. With part two, “As a Man Thinks" compiled from the utterances of Herbert Hoover. New York: A. L. Burt Co. OUR RELATIONS TO THE NATIONS OF THE WESTERN HEMISPHERE. By Charles Evans Hughes. Prince- ton: Princeton University Press. THE CASE OF WHISKEY. By George Coes Howell. Altadena, Calif.: Pub- lished by the author. ALPHABET OF IDEAS: Or Dictionary of Ro, the World Language. Rev. Edward Powell Foster, A. M. Waverly, W. Va.: Roia. ALFRED E. SMITH: A Psychological Analysis. By Mack Taylor, former assistant United States district at- torney. Fort Worth: Independent Publishing House. UNEMPLOYMENT OR WAR. Maurice Colbourne. New Coward-McCann, Inc. THE TRAIL OF THE TIGER: Being an Account of Tammany from 1789, the Scciety of St. Tammany or Co- lumbian Order, Tammany Hall, the Organization and the Sway of the ses. New York: Allan ¥ klin. BUNDLING. By Henry Reed Stiles, M. D. (Reprinted from the edition of 1871). And “More About Bun- dling.* By A. Monroe Aurand, jr. Harrisburg: The Aurand Press. EASTERN PENNSYLVANIANS: A Book of Biographies. The lives of those leaders of today who, by reason of their achievements, have merited a permanent place in the record of this rich section. Edited by Charles H. Heustis, E. J. Stackpole, L. B. Tyler, Eugene T. Giering, Col. C. J. Smith and A. E. McCullough. Pub- lished by the Eastern Pennsylvania Biographical Association. By York: Pacific Islanders Shun Wearing Shoes A party of 24 South Sea Islanders from the islands under Japanese man- date arrived in Tokio recently on a sightseeing tour of the country. It was their first trip away from their native habitat, They were barefooted when they ar- rived third class on a Japanese vessel at Yokohama. Among the petty dealers who met the ship was a shoe salesman who soon convinced the entire party as well as their guardians that they would need shoes before they had gone far in Japan. Orders were taken for 24 pairs, and without measurements the entire lot was delivered on the ship before thev disembarked. The natives succeeded in donning the shoes, but by the time they had walked the distance from the pier to the railway stations to come to Tokio they were howling with pain. It was the first time they had worn shoes and their new footgear, in addie tion, was ill-fitting and misshapen. To a man, the natives, once boarding the train, took off their shoes and refus~d to wear them again while they were in Tokio. Russian Press Jeers Statistical Soviets The salary of a workman of the low- est class on the northwestern railway here has just been calculated at 19.78554375 kopecks per hour (about 10 cents). In the next grade the figure is 38.58257125 kopecks per hour, and in the highest paid grade, 49.46484775. Publication of these figures has brought some amusing and indignant comment from the soviet press. pro- testing that “the astronomers of the tariff bureau of the railroad are only making themselves ridiculous by such cosmic exactitude.” Such precision of statistics may be valuable, the papers admit, in figur- ing out when Mars Is next going to visit the earth, but is ridicu ly bu- reaucratc as applied to practical aiTairs. “The time taken to calculate these de- tails loses more money n the salaries calculated could gain,” the comment says. 'YOUR ANCESTRY— If you are interested in your family history send 10¢ in stamps for 168-page priced cata logue of our Genealogical Book- Goodspeed’s Book Shop 7_Ashburton Place, Boston, Mass. GOODSPEED'S BOOK SHOP 1S A NATIONAL INSTITUTION Its stock of Rare and o S S Chotce Books. P yers by 38" 1083 end semi-mo of Print Exhibitions. lr".m s W'hen in Boston Browse in GOODSPEED’S Ne. 7 [ N e