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1. SILVER BEFORE CONGRESS IN 1886. [1886]
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Horton, S. Dana
- Quarterly Journal of Economics; Oct1886, Vol. 1 Issue 1, p45-75, 31p
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SILVER question, MONETARY policy, GOLD coins, INTERNATIONAL relations, CONSTITUTIONS, EQUALITY, CIVIL rights, and ECONOMIC policy
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In this article, the author examines the implications of the Silver Question before the U.S. Congress of 1886 to the history of monetary policy in the U.S. The Sections of the Act of February 28, 1878, calling a Monetary Conference, made the U.S. the champion and advocate in the community of nations of the restoration of civil order in dealing with money. Concurrent regulation of metallic money by a competent majority of nations, and on the basis of equality of legal right between the two metals, became by this Act a fixed object of the foreign policy. As for the time consumed and to be consumed in passing from this turning point of history to the success of the policy, it is well to mark that it is not uncommon for men to wait a long time for the attainment of a great end. The United Colonies suffered under the Confederation for many years before they adopted the Constitution. The restoration of greenbacks to par with gold was a struggle of many years. The diplomatic successes of this country have usually required a long time for their attainment; and in the rare instances when Americans had a foreign policy in the specific sense, when there was some important object to be gained through the action of several foreign powers, the lack of a continuing, organized, high-grade civil service has naturally unfitted Americans from advancing a meritorious cause with the maximum of speed.
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2. LEGAL TENDER. [1887]
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Thayer, James B.
Harvard Law Review . May1887, Vol. 1 Issue 2, p73-97. 25p.
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MONEY, LEGAL tender, FINANCE, and BANK notes
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Examines the clauses of the Constitution relating to money. Description of the specifications of the power which is given to the Congress of the United States in the Constitution relating to money; Analysis of the clauses of the Constitution about the emission of bills and making paper a legal tender; Explanation of the power of Congress in making a paper currency.
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3. DEPOSITS AS CURRENCY. [1887]
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Dunbar, Charles F.
- Quarterly Journal of Economics; Jul1887, Vol. 1 Issue 4, p401-419, 19p
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BANK deposit laws, MONEY, PUBLIC opinion, and LEGAL tender
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The article presents a discussion related to the consideration of deposits as currency in the U.S. In the discussions upon the various phases of the currency question during the last twenty years, the popular dread of contraction and its consequences has seldom been appealed to in vain. The U.S. Congress has been a good index of public opinion in this respect, and in the Congress there has steadily been an element which seemed to have grasped the idea of a connection between contraction and falling prices, as the one and sufficient key to the practical questions which were to be settled. To this fact were due the weak legislation of 1874, to go back no further, and the necessity in 1875 of so framing the Resumption Act as to leave its meaning open to opposite constructions and its operation uncertain. Nothing else than a deep conviction in Congress that the people would not stand contraction can explain the fact that the act of May 31, 1878, to forbid the further retirement of legal tender notes, was carried through the House of Representatives.
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4. PROPOSED TARIFF LEGISLATION SINCE 1883. [1887]
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Perry, O. H.
- Quarterly Journal of Economics; Oct1887, Vol. 2 Issue 1, p69-78, 10p
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TARIFF laws, CONFERENCES & conventions, COMMERCIAL treaties, FREE trade, and LEGISLATIVE bills
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The article focuses on proposed tariff legislation since 1883 in the U.S. During the last two U.S. congresses, several attempts have been made to secure modification and reduction of the customs duties as they were left by the act of 1883. The first session of the Forty-eighth Congress lasted from December 3, 1888 to July 7, 1884. The Democrats were in a decided majority in the House, having 198 members, against 126 Republicans and Independents. On March 21, a conference of "free trade" Democratic leaders was held, at which it was decided to call a general party caucus to decide what action should be taken on the bill. On April 15, the motion to go into Committee of the Whole, for the consideration of the tariff bill, was carried without division. At the same session of the Congress, three attempts at special tariff legislation are worthy of notice: the Converse wool bill, to restore the duties of 1867 on raw wool; Amendment to the shipping bill; A bill on reducing the duty on works of art from 20 to 10 per cent.
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Greeley, Louis M.
Harvard Law Review . Nov1887, Vol. 1 Issue 4, p159-184. 26p.
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INTERNATIONAL trade, INTERSTATE commerce laws, JUDGES, and APPELLATE courts
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Examines how laws are distinguished on principle from regulations of foreign or interstate commerce within the exclusive power of the U.S. Congress. Cause of the hesitancy of the judges to lay down general principles upon the distinction between laws affecting foreign or interstate commerce; Controversies over the commercial power of Congress; Specifications of the case of Gibbons versus Ogden wherein the U.S. Supreme Court construed the clause in the Federal Constitution conferring power upon Congress to regulate commerce with foreign nations and among several states.
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Andrews, E. Benj.
- Quarterly Journal of Economics; Jan1889, Vol. 3 Issue 2, p117-152, 36p
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COMMITTEES, TRUSTS & trustees, UNITED States manufacturing industries, COMPETITION, RESTRAINT of trade, COMMERCIAL policy, and INTERNATIONAL competition
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The article reports that the U.S. House of Representatives of the Fiftieth Congress passed a resolution directing its Committee on Manufactures to inquire about associations, trusts or others like titles, alleged to exist in the country for purpose of controlling or curtailing production or supply of various products on January 25, 1888. Authority was given the committee to sit during sessions of the House, to compel the presence of persons and papers, and to swear and examine witnesses. A number of litigations involving the nature and doings of trusts, monopolies, and the like, have recently come to judgment in the courts; and the findings upon them are now of record. Profits may also be distributed as a particular means of maintaining the combination intact. It is every wise extremely confusing to class all the above-named enterprises as trusts. They have in common only the single feature of excluding more or less perfectly old-fashioned individualism of management. It will be noticed that the industries surest to have such an evolution are precisely those among which international competition now prevails. The interest hitherto centered in the tariff question will then go over to that of trusts.
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7. LIMITATIONS IMPOSED BY THE FEDERAL CONSTITUTION ON THE RIGHT OF THE STATES TO ENACT QUARANTINE LAWS. [1889]
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Lee, Blewett Harrison
Harvard Law Review . Feb1889, Vol. 2 Issue 7, p293-315. 23p.
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COMMERCIAL law, CONSTITUTIONS, LAW, QUARANTINE -- Law & legislation, and PUBLIC health laws
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Discusses the limitations imposed by the U.S. Federal Constitution on the right of the states to enact quarantine laws. Regulations of commerce permissible to the states; Power of Congress to regulate commerce; Conflict of state supplementary laws with the regulation exercised by Congress; Bases upon which the quarantine laws are to be sustained
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8. THE DIRECT TAX OF 1861. [1889]
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Dunbar, Charles F.
- Quarterly Journal of Economics; Jul1889, Vol. 3 Issue 4, p436-461, 26p
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TAX laws, DIRECT taxation, INDIRECT taxation, WEALTH tax, and TAX accounting
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This article presents information on the Direct Tax of 1861, an act passed by the U.S. Congress on August 5, 1861. The direct tax laid by the act of Congress of August 5, 1861, was the fifth levy which has been made under the provisions of the Constitution, requiring that representation and direct taxes shall be apportioned among the several States, according to their respective numbers. There would be little risk in predicting that this will also be the last resort to a method of taxation which the framers of the Constitution thought important enough to hold a place in one of the difficult compromises embodied in that instrument. The distinction between direct and indirect taxation, resting upon the supposed method of incidence upon a single class of persons, is fully developed. It was a necessary result of their reasoning, became familiar in all the discussions of the school in France, and, was carried to the knowledge of readers in political science in other countries, during the short-lived pre-eminence of the physiocrats.
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9. THE SILVER SITUATION. [1890]
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White, Horace
- Quarterly Journal of Economics; Jul1890, Vol. 4 Issue 4, p397-407, 11p
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SILVER coins, TREASURY bills, GOVERNMENT securities, GOLD standard, CURRENCY question, and BANK deposits
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This article focuses on the silver situation in the United States. The laws of the United States authorize the U.S. Treasury Department to receive deposits of standard silver dollars and to issue certificates therefore in denominations of one dollar and upwards, and to receive gold coin and to issue certificates therefore in denominations of twenty dollars and upwards. The premium on gold or the discount on silver may be arrested, if it comes, by fresh legislation. The people who have silver dollars, silver certificates, greenbacks, and national bank-notes in their pockets or on deposit in bank, for which they have paid, in labor or property, one hundred cents per dollar gold value, may demand of Congress that their money be restored to that value. If they do so demand, in some way it will be done. The banks cannot hold the immense mass of deposits and clearings at the gold standard, when the government's legal tender notes are redeemed only in silver. The premium on their gold will be the property of their shareholders, and may be applied to an extra dividend or added to their surplus.
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- Transactions of the Philological Society; 1890, Vol. 21 Issue 1, p59-98, 40p
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11. THE POLICE POWER AND INTER-STATE COMMERCE. [1890]
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Howland, William R.
Harvard Law Review . Dec1890, Vol. 4 Issue 5, p221-233. 13p.
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POLICE power, ADMINISTRATIVE law, INTERSTATE commerce, PROHIBITION of alcohol, and LIQUORS
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The article focuses on the relation of the police power to inter-state commerce in the U.S. The majority of the Court there decided that a State law prohibiting the sale of intoxicating liquors, except for specified purposes, is void as to liquors imported from another State and sold by the importer in the original package. The most important power possessed by a government is the power to protect its citizens from danger, disease, and vice. This power can be called the police power, and not being delegated to Congress by the Constitution, is reserved to the States exclusively.
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12. THE TOBACCO TAX. [1891]
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Olmsted, Frank L.
- Quarterly Journal of Economics; Jan1891, Vol. 5 Issue 2, p193-219, 27p
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TOBACCO taxes, TAX laws, INTERNAL revenue law, and CIVIL war
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This article focuses on taxation of tobacco in 1891. New systems of taxation and the extension of old ones are the invariable accompaniments of great wars. By the Civil War in the U.S. an enormous strain was put on a fiscal system that for nearly half a century had been on a peace footing. The tariff was quickly increased, but a disturbed foreign trade proved to be a poor source from which to draw the sinews of war. Early in 1862, the U.S. Congress entered upon the subject of laying internal taxes, but found itself in dangerous and unknown fields. Such taxes had always been unpopular. Thus there were no guides to the problem, what taxes were best adapted to American conditions of scattered population and aversion to restrictions, or what were most likely to meet public favor. The internal revenue act of July 1, 1862, was distinctly a war measure, drafted under the pressure of needs almost overwhelming. In European governments, tobacco was already among the chief sources of revenue, being taxed both in the leaf and in the manufactured forms.
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13. RECENT PUBLICATIONS UPON ECONOMICS. [1892]
- Quarterly Journal of Economics; Oct1892, Vol. 7 Issue 1, p107-114, 8p
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PUBLICATIONS, BOOKS, PERIODICALS, MONETARY policy, and FINANCIAL management
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The article presents a lists of books and periodicals on different topics of economics. Some of the books listed here are "On the Principle of Wealth Creation: Its Nature, Origin, Evolution, and Corollaries"; "Mathematical Investigations in the Theory of Value and Prices"; and "Dictionary of Political Economy." Some other publications are "Economic Causes of Moral Progress"; "Methods of Industrial Peace"; "Capital and Labor: Their relative Strength"; "General Booth's Social Work"; "Taxation and Work: A Series of Treatises on the Tariff and the Currency"; "The Tariff: What it Is, and What it Does"; "The Economy of High Wages. An Inquiry into the Comparative Methods and Cost of Production of Competing Industries in the United States and Europe"; "The Case against Bimetallism"; "The Monetary Question in 1892"; "The World's Exchanges of Standard Metals"; "A New Standard of Value"; "Fancy Monetary Standards"; "Influence on Business of the Independent Treasury" and "History of Banking Under the Continental Congress and Federal Constitution."
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Russell, Alfred
Harvard Law Review . Apr1893, Vol. 7 Issue 1, p16-23. 8p.
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GOVERNMENT corporations, JURISDICTION, CIRCUIT courts, CONSTITUTIONAL law, GOVERNMENT business enterprises, and REPEAL of legislation
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Argues that the United States Congress should abrogate federal jurisdiction over state corporations provided for in the Judiciary Act of Congress of March 3, 1887. Circuit Court cognizance of suits in favor of assignees, against corporations as parties, upon their obligations passing by delivery; Background on how the word corporation appeared in the Judiciary Act; Scope of the word citizen in a relevant clause of the Constitution; Opinion of Judge Joseph P. Bradley.
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15. THE DUTIES ON WOOL AND WOOLLENS. [1893]
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Taussig, F.W.
- Quarterly Journal of Economics; Oct1893, Vol. 8 Issue 1, p1-39, 39p
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WOOL textiles, TARIFF, COMMERCIAL policy, EXPORT subsidies, and IMPORTERS
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The article discusses the effects of the policy related to duties on wool and woolens in the U.S. followed during the last twenty-five years and the probable effects of the policy which is to come. In the quarter of a century which has now elapsed since the passage of the wool and woolens tariff act of 1867, the system of duties then established, and since maintained in its essential features, has gradually come to be the crucial part of the protective policy. The bill presented in 1877-1878 session proposed to put wool on the free list and to reduce correspondingly the duties on woolens. Whatever uncertainty there may be as to the disposition of other parts of the protective system at the hands of the present Congress, it may be assumed as settled that the wool duty will go, and that the system of 1867 will be replaced by a fundamentally different regime. The questions to be asked in considering the effects of a given duty are as to the domestic production and the imports, and the relative importance of these two sources of supply.
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16. RECENT CASES. [1893]
Harvard Law Review . Oct1893, Vol. 7 Issue 3, p183-188. 6p.
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ACTIONS & defenses (Law), COURTS, BROKERS, AMERICAN law, and LABOR unions
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The article presents information on recent court cases. In one of the case, a customer and a broker buying and selling stocks upon margins stand in the relation of pledger and pledgee and the fact that the broker has an implied right of repledging stocks does not change the relation. An Act of Congress, after continuing the laws then in force for the exclusion of Chinese from the United States, provides for the removal of Chinese not lawfully within this country, requiring that all Chinese laborers entitled to remain in the United States shall obtain certificates of residence from persons authorized by the act to give them, under penalty of removal on failure to do so within one year. In another case a plaintiff was a non-union man working for a clothing house under a contract by which he could be discharged at the end of any week, but he was told that he would be permanently employed. The local union labor organization informed his employers that unless plaintiff were discharged they would have to inform all labor organizations of the city that the house was a non-union one.
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17. Memorial to the United States Congress. [1894]
- Transactions of the American Institute of Electrical Engineers; 1894, Vol. 11, p639-639, 1p
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18. "MONOPOLY" UNDER THE NATIONAL ANTITRUST ACT. [1894]
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Dana, William F.
Harvard Law Review . Jan1894, Vol. 7 Issue 6, p338-355. 18p.
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ANTITRUST law, COMMERCIAL crimes, COMMERCIAL trusts, TRADE regulation, UNFAIR competition, and MONOPOLIES
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Examines the notion of monopoly under the Anti-Trust Act, passed by the United States Congress on July 2, 1890. Interpretation of the statute in the light of the common law; Definition of a monopoly; Engrossing; Results of leading decisions regarding monopoly; Indefinite increase of business; Fixing of arbitrary prices; Agreement not to trade with any one who trades with others than the convenantors.
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19. NOTES. [1894]
Harvard Law Review . Mar1894, Vol. 7 Issue 8, p484-493. 10p.
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AMERICAN law, LAW schools, TRUSTS & trustees, REFERENDUM, LAWYERS, COURTS, NUISANCES, and LIBEL & slander
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Presents some notes on legal issues in the United States. Law school; Counsel and court; Referendum; Commercial power of Congress; Liquor saloon as a nuisance; Power to regulate commerce; Discretionary trust; Libel; Privacy.
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Andrews, E. Benj.
- Quarterly Journal of Economics; Apr1894, Vol. 8 Issue 3, p319-327, 9p
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BIMETALLISM, COINAGE, COMMITTEES, and WORKS councils
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The article focuses on the bimetallist committee of Boston, Massachusetts and New England. The Committee is formed for the purpose of promoting the establishment of international bimetallism upon the general plan of the Latin Union, but with a broader basis. Those concerned in the movement, while earnestly opposed to the free coinage or to any increased use of sliver by this country independently of international action and agreement. A number of associate members have been admitted from other portions of the country, and it is likely that co-operating committees will be created in several cities. The Committee does not propose to make use of any political agency, or to attempt to influence, otherwise than through public opinion, the action of the administration or of Congress. Its work is to be educational. It will endeavor to instruct the community in what it considers the only sound theory of hard money, that of international bimetallism, preparing the public sentiment of the country for the adoption of this so soon as Great Britain's concurrence can be secured. For this the committee does not think that the United States ought to sue.
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21. NOTES. [1894]
Harvard Law Review . May1894, Vol. 8 Issue 2, p111-116. 6p.
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LAW, STATUTES, COMMERCIAL law, and CONSTITUTIONAL law
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Presents facts on several law issues in the U.S. and Great Britain. Acceptability of the provision of the Statute of Frauds in the English Sale of Goods Act of 1894; Doctrine of a case involving malicious interference with contract; Legality concerning the approval of a bill by a U.S. president after the adjournment of Congress.
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22. THE CIVIL WAR INCOME TAX. [1894]
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Hill, Joseph A.
- Quarterly Journal of Economics; Jul1894, Vol. 8 Issue 4, p416-452, 37p
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CIVIL war, REVENUE, TAXATION, LEGISLATIVE bills, DIRECT taxation, and INTERNAL revenue law
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The article examines the impact of the Civil War on financial legislation in the U.S. There were measures which the boldest innovator would hardly have dared propose in time of peace; but under the stress of war they were enacted, sometimes with little opposition and little discussion. The income tax was the first of these innovations to be adopted and was among the first to disappear. Such taxes, however, were familiar enough in England and other European countries; and it is not strange that Congress should have thought of taxing incomes at a period when its policy was to tax everything taxable. The House Committee of Ways and Means followed out the recommendations of the Secretary. They prepared two bills, one of which dealt with the proposed tariff changes, imposing duties on tea, coffee and sugar. The other was the internal revenue measure. It imposed license taxes and taxes on whiskey, beer, porter, carriages, promissory notes, and bank bills. But Congress could not take it for granted that the States would all assume the tax; and, where they did not, it was to be collected by federal machinery and assessed on real estate.
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23. Recent Publications Upon Economics. [1896]
- Quarterly Journal of Economics; Jan1896, Vol. 10 Issue 2, p233-239, 7p
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BOOKS, ECONOMICS, and LABOR
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The article presents a list of recently published books on economics. Some such books are: "Contributions of the United States Government to Social Science," by C.D. Wright; "Political Economy for High Schools and Beginners," by R.E. Thompson; "Buckle and his Critics: A Study in Sociology," by J.M Robertson; "Practical Christian Sociology," by W.F. Crafts; "Our Industrial Utopia and its Unhappy Citizens," by D.H. Wheller; "The Social Question in the Catholic Congresses," by J.G. Brooks; "The General Election, and the Prospects of Social Legislation," by W. Cunningham; "The Referendum and Initiative: Their Relation to the Interests of Labor in Switzerland and in America," by A.L. Lowell; "The Present Position of Adult Male Labor in New Zealand," by E. Reeves; "The Evolution of Agricultural Science," by R.M. Garnier; "The Probability of a Cessation of the Growth of Population in England and Wales During the Next Century," by E. Cannan; "Decrease in Interstate Migration," by W.F. Willcox; "An Interoceanic Canal in the Light of Precedent," by T.D. Woolsey; and so on.
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24. NOTES AND MEMORANDA. [1897]
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Hadley, Twining
- Quarterly Journal of Economics; Apr1897, Vol. 11 Issue 3, p310-326, 17p
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ECONOMICS, COST, TAXATION, BUSINESS insurance, and DIRECT taxation
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The article focuses on various topics related to economics such as industrial costs, taxation, business insurance etc. The word "cost," as is well known, has at least four different senses: expense, waste, pain, and loss of opportunity. Wealth may be regarded either in its public or private aspect. In the former it is an aggregate of things, goods, or services. In the latter it consists of titles or rights to some of those things. Furthermore, wealth, whether public or private, may be measured in two ways--as a flow or as a fund. In the one case it takes the form of a rate, and is measured as income: in the other case it takes the form of a quantity, and is measured as capital. The payment of the direct tax in 1861 was effected in California under unusual conditions and by an irregular and curious process; and some account of the episode may be of interest to students of financial history. It will be remembered that Congress had allowed any State to assume its quota of the direct tax, and that California, like almost all the loyal States, took advantage of this option; though, unlike other States, which satisfied their quotas by an offset of their claims against the United States, California levied and collected her tax, and paid it in cash to the federal treasury.
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Guthrie, William D.
Harvard Law Review . May1897, Vol. 11 Issue 2, p80-94. 15p.
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ANTITRUST law, LEGAL judgments, UNFAIR competition, TRADE regulation, and COMMERCIAL crimes
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The article reports on the constitutionality of the Sherman anti-trust act of 1890. The decision of the Supreme Court of the United States in the case of the Trans-Missouri Traffic Association for the first time authoritatively declares the intended scope of the provisions of the so called Anti-Trust Act of 1890. In view of such interpretation of the statute, it is now the legal presumption that it was the intention of Congress to prohibit and render criminal every contract in restraint of trade or commerce among the several States or with foreign nations.
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26. THE TARIFF ACT OF 1897. [1897]
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Taussig, F.W.
- Quarterly Journal of Economics; Oct1897, Vol. 12 Issue 1, p42-69, 28p
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TARIFF laws, MCKINLEY tariff, PROTECTIONISM, TARIFF on cotton, TARIFF on textiles, and UNITED States economy
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The article discusses the Tariff Act which was passed by the U.S. Congress in 1897. The reasons for the enactment of the law have been highlighted. The Act was against the protectionist policies which saw a great reversal in the U.S. presidential election of 1896. The efforts of U.S. President William McKinley were instrumental in devising the Act. The provisions of the Act entailed revised rates on wool, cotton and textiles. The free admission of wool and the remodeling of the duties on woolen goods were resultants of the Act. The effects of the Act on the U.S. economy are also discussed.
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27. NOTES. [1898]
Harvard Law Review . Mar1898, Vol. 11 Issue 8, p539-549. 11p.
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TRIALS (Law), ACTIONS & defenses (Law), TRIAL practice, LIFE sentences, and PRISON sentences
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This article presents information on several trials. It is informed that in the year 1894, Alfred Dreyfus, a captain in the French Artillery and attached to the general staff, was found guilty by a court-martial of furnishing secret information concerning French military affairs to a foreign power. In consequence he was degraded before the army and sent to a life imprisonment. It is further reported that the line between the permissible and the impermissible in State legislation affecting interstate commerce becomes at times vague and indistinct. The fundamental reason for this uncertainty lies in the difference of opinion among authorities as to the interpretation of that clause in the U.S. Constitution which gives to Congress the power to regulate commerce between States.
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Wright, Carroll D.
- Quarterly Journal of Economics; Jan1899, Vol. 13 Issue 2, p221-235, 15p
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UNITED States economic policy, LEGISLATIVE bodies, PUBLIC administration, FEDERAL government, ECONOMIC policy, and ECONOMICS
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The article reports on the establishment of a commission, under an act of Congress, for the purpose of studying problems relating to industry with a view to formulating remedial legislation. The federal government has undertaken to follow the example of England, France, and Belgium. The commission consists of five members each from the Senate and House of Representatives, and nine other persons, who shall fairly represent the different industries and employments, appointed by the President. The five sub-commission that have been created are enumerated, including the Agriculture and Agricultural Labor with Andrew Harris as chairman.
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Baldwin, Simeon E.
Harvard Law Review . Jan1899, Vol. 12 Issue 6, p393-416. 24p.
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CONSTITUTIONS, ACQUISITION of territory, POLITICAL systems, CONSTITUTIONAL history, and UNITED States politics & government
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This article discusses the constitutional questions related to the acquisition of island territory by, and power of government in, the U.S. One of the most important questions with which the convention that framed the constitution of the U.S. had to deal was that as to the disposition and government of the Western lands, with which the new nation was to be endowed. The Congress of the Confederation had undertaken to determine it for all time in 1784 and again in 1787. The article author views that the U.S. constitution has been made by civilized and educated people. It provides guaranties of personal security which seem ill adapted to the conditions of society that prevail in many parts of new possessions of the U.S.
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30. NOTES AND MEMORANDA. [1899]
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Dixon, Frank Haigh, Wright, Carroll D., and Fairlie, John Archibald
- Quarterly Journal of Economics; Apr1899, Vol. 13 Issue 3, p336-353, 18p
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UNITED States politics & government, 1897-1901, UNITED States railroad law, MUNICIPAL reports, CITIES & towns, MUNICIPAL government, LEGISLATIVE bills, and CENSUS
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The article presents information on the activities of the United States government. New railway legislation has been enacted in Kansas, that eradicates the Board of Railroad Commissioners substituting it with a Court of Visitation consisting three judges. The U.S. Department of Labor has been authorized by the Fifty fifth U.S. Congress to prepare an annual report of the official statistics of all the cities of the U.S. Previous attempt on municipal statistic in the U.S. encircled wealth, debt, taxation, and social statistic of cities.
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31. RECENT CASES. [1899]
Harvard Law Review . Dec1899, Vol. 13 Issue 4, p303-310. 8p.
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JURISDICTION, COURTS, COLLATERAL security, COMMERCIAL law, and CONSTITUTIONAL law
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The article discusses some new legal cases of the United States. In a suit to enforce a lien given by a State statute, for repairs to a vessel, held, that the transaction is maritime in its nature and the State courts have not jurisdiction. The Constitution of the United States, article 3, section 2, declares that " the judicial power shall extend to all cases in admiralty and maritime jurisdiction." An act of Congress provides that the district courts of the United States shall have-exclusive jurisdiction of such causes. Accordingly, the Supreme Court has since held that although the State legislatures may regulate the rights of material-men furnishing necessaries to vessels, so long as Congress does not interpose to regulate the subject, yet State law cannot take the contract out of the exclusive domain of admiralty jurisdiction.
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32. THE DECLARATION OF INDEPENDENCE. [1900]
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Dana, William F.
Harvard Law Review . Jan1900, Vol. 13 Issue 5, p319-343. 25p.
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POLITICAL autonomy and PRESIDENTS
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The article focuses on the Doctrine of Declaration of Independence in the U.S. It says that the Declaration of Independence, rightly or not, has often been criticized as lacking in originality. The article author views that the two declarations, the one on bill of rights and the other of violations, which are printed in the Journals of Congress for 1774, were two years afterwards recapitulated in the Declaration of Independence, on the Fourth of July, 1776. The article author further says that except as a matter of historical, or biographical interest, it makes no difference whether the Declaration was a copy. He refers to a letter by U.S. President Thomas Jefferson to President James Madison saying that nothing can be more absurd than the cavil that the declaration contains known, and not new truths. The object was to assert, not to discover, truths, and to make them the basis of the Revolutionary act. The article also refers to Virginia Bill of Rights and its comparison with the Declaration of Independence.
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Larremore, Wilbu&rdot;
Harvard Law Review . Apr1900, Vol. 13 Issue 8, p615-626. 12p.
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CONSTITUTIONAL law, CONTEMPT of court, CONDUCT of court proceedings, LEGAL etiquette, and COURTS
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The article focuses on the constitutional regulation of contempt of court. The courts of several states have realized that self-preservation demands the resistance of every legislative encroachment upon the historical judicial prerogative of inflicting penalties for contempt. The Constitution of the U.S. provides that the judicial power of the U.S. shall be vested in one Supreme Court and in such inferior courts as the U.S. Congress may from time to time establish. The inherent power of courts to punish for contempt has been recognized by the Supreme Court.
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34. A HUNDRED YEARS OF AMERICAN DIPLOMACY. [1900]
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Moore, John Bassett
Harvard Law Review . Nov1900, Vol. 14 Issue 3, p165-183. 19p.
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INTERNATIONAL relations, TREATIES, DIPLOMACY, and UNITED States history
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Looks into the history of American diplomacy. Principles on which the U.S. government was founded; Aims of the first treaty adopted by the U.S. Congress after the declaration of independence; Stipulations of various treaties entered by the U.S. prior to 1789.
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Dunbar, William H.
- Quarterly Journal of Economics; Feb1901, Vol. 15 Issue 2, p292-298, 7p
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INHERITANCE & transfer tax, PROPERTY, and EXPORTS
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Examines the constitutionality of the inheritance tax in the U.S. Grounds for denying the constitutionality of the law; Lack of Congress of power to levy any tax on the transmission of property upon the death of the owner; Prohibition of tax on exports.
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Harvard Law Review . Jun1901, Vol. 15 Issue 2, p164-168. 5p.
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CONSTITUTIONAL law, USURY laws, COMMERCIAL policy, CUSTOMS unions, and INDIRECT taxation
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The article presents information on some of the insular tariff cases in the supreme court. It is fortunate for the country and for the future of our system of constitutional law that the Supreme Court has recognized the essentially political nature of the questions with which the General Government has had to deal in legislating for our new possessions. The United States may acquire territory as the result of war and treaties, without any qualification as to kind or quantity, or as to the character of its population. It may be Canada, or a cannibal island, or an island of slaves and slave owners. The mere acquisition or cession of a region does not incorporate it into the United States so as to subject it generally to those clauses of the Constitution which restrain and prohibit certain action by the Congress of the United States but such regions may be temporarily governed, in some respects, at least, as seems most suitable for their own interests and those of the United States.
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38. THE INSULAR CASES. [1901]
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Henderson, J. B.
Harvard Law Review . Dec1901, Vol. 15 Issue 4, p281-301. 21p.
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ACTIONS & defenses (Law), CONSTITUTIONS, LEGAL procedure, and LAW
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This article focuses on various lawsuits. The most glaring case of misconception is in connection with the Dred Scott case. Chief Justice Taney held that the Constitution recognized property in a slave, and protected that property against adverse legislation. The counsel for Dred Scott made this admission in his argument that he admits that whether the power of the U.S. Congress to legislate be given expressly or by implication, it is given with the limitation that it shall be exercised in subordination to the Constitution, and that if it be exercised in violation of any provisions of the Constitution the act would be void.
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39. RECENT CASES. [1902]
Harvard Law Review . Jan1902, Vol. 15 Issue 5, p406-416. 11p.
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BREACH of contract, OBLIGATIONS (Law), CONFLICT of laws, BANKRUPTCY, and LEGAL status of indigenous peoples of the Americas
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Presents a summary of cases decided in the United States in 1902. Negligence of pilot in a collision between two boats; Intentional act of servant; Surrender of preference in a bankruptcy case; Damages for breach of contract; Petition of creditors in a bankruptcy case; Control of Congress over the Indians; Conflict of laws in jurisdiction in tort.
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Barrett, Don C.
- Quarterly Journal of Economics; May1902, Vol. 16 Issue 3, p323, 32p
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LEGAL tender, AMERICAN Civil War, 1861-1865, and ECONOMICS
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Focuses on the supposed necessity of the issue of legal tender notes during the U.S. civil war of 1861-1865. Views of member of Ways and Means Committee of the U.S. Samuel Hooper on the issue of legal tender notes; Passage of the Legal Tender Act in the U.S. Congress in February 1862; Arguments in favor of Legal Tender Act over the plan offered by the minority of the U.S. Ways and Means ommittee.
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41. THE OUTLOOK FOR CURRENCY LEGISLATION. [1903]
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Purves, Alexander
- Quarterly Journal of Economics; Nov1903, Vol. 18 Issue 1, p114-129, 16p
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MONEY laws, MONEY supply, SUPPLY & demand, ELASTICITY (Economics), BANK notes, GOVERNMENT securities, and LEGISLATIVE bills
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The article provides an outlook for currency legislation in the United States as of 1903. Money-changers made some demands and proposals regarding current legislation including the introduction of the factor elasticity into the currency to expand volume and respond to the varying demands of trade, for the government to give some form of security for bank note issue other than the government bonds and for the receipts from customs to be deposited with the national banks to prevent periodical contractions. Based on these proposals, nine currency bills have been introduced in the House and two others in the Senate which all aimed to secure an expansion of the bank-note currency.
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Humes, Augustine L.
Harvard Law Review . Dec1903, Vol. 17 Issue 2, p83-103. 21p.
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RESTRAINT of trade, COMMERCIAL crimes, UNFAIR competition, and ANTITRUST law
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The article focuses on the rights of the legislatures of the several states and the Congress of the United States in the regulation of contracts, combinations, conspiracies, and monopolies in restraint of trade and commerce. It has been affirmed that an amendment to the Constitution of the United States is necessary in order to vest in the U.S. Congress the requisite power to enable it to deal with the subject. The article demonstrate that there is already existing in Congress a large and extensive power, which it is believed is sufficient without the amendment proposed, and, further, to define the extent of that power.
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43. FEDERAL INCORPORATION OF "TRUSTS" [1903]
Harvard Law Review . Dec1903, Vol. 17 Issue 2, p146-147. 2p.
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CORPORATION law, INTERSTATE commerce, FEDERAL regulation, GOVERNMENT corporations, and TRADE regulation
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The article focuses on federal control of corporations in the United States. Upon the authority of the case of McCulloch v. Maryland, it is concluded that the U.S. Congress has the power to incorporate any company engaged in interstate commerce. The Supreme Court has extended the protection afforded by the interstate commerce clause well back into the process of manufacture. So far as this power exists Congress could exercise it exclusively--prohibit corporations from engaging in interstate commerce except under charters granted by federal law, or accomplish the same result by taxing out of existence corporations owing their existence solely to state law.
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44. THE HAWAIIAN CASE. [1904]
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McClain, Emlin
Harvard Law Review . Apr1904, Vol. 17 Issue 6, p386-399. 14p.
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AMERICAN law, ISLANDS, and INDICTMENTS
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The Hawaiian case involved the question whether the provisions of the Fifth and Sixth Amendments to the Federal Constitution, so far as they guarantee to a person accused of an infamous crime the right to be tried only on an indictment by a grand jury and the verdict of a common-law jury, rendering a unanimous verdict, were applicable to a criminal proceeding under the laws of the territory of Hawaii as they existed between the time of the annexation of the islands to the United States, in 1898, and the time when by act of the U.S. Congress of April 30,1900, the constitution of the United States was formally extended to those islands and provision was made for the indictment and trial of those accused of crime in accordance with the ordinary common-law methods.
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45. THE MERGER CASE. [1904]
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T. C. G.
Harvard Law Review . May1904, Vol. 17 Issue 7, p474-478. 5p.
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MERGERS & acquisitions, INTERSTATE commerce, TRADE regulation, RESTRAINT of trade, and ACTIONS & defenses (Law)
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The article focuses on the stand of U.S. Congress and laws on mergers concerning inter-state business. Congress cannot interfere with manufactures or agriculture on the ground that their products will be the subjects of interstate commerce. It discusses in detail 26 U.S. St. 209 (1890), an Act entitled "An Act to protect trade and commerce against unlawful restraint and monopolies." It discusses the case of the merger of Great Northern Railway Company and the Northern Pacific Railway Co. If the two companies had combined to keep another railroad out of the territory which they served, that would have been a monopoly.
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46. THE PRESIDENTIAL SUCCESSION ACT OF 1886. [1905]
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Hamlin, Charles S.
Harvard Law Review . Jan1905, Vol. 18 Issue 3, p182-195. 14p.
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PRESIDENTS of the United States, PRESIDENTS, HEADS of state, CABINET officers, and AMERICAN law
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The article focuses on the Act of U.S. Congress of March 1, 1792 which provided that the vacancy in the office of President, when there is no Vice-President, should be filled by the President pro tempore of the Senate, or, if none, by the Speaker of the House, until the election of a President by special election prescribed by the Act. The Act of January 19, 1886 or that part which part which is material to this inquiry, substitutes for the President pro tempore of the Senate and the Speaker of the House, the Secretary of State and after him the other Cabinet officers respectively, as successors to the office of President, and abolishes the special election of President prescribed by the Act of 1792.
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47. LEADING LEGAL ARTICLES. [1905]
Harvard Law Review . Jan1905, Vol. 18 Issue 3, p235-238. 4p.
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CORPORATION law, STATE courts, U.S. states, CORPORATIONS, and JURISDICTION
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The article reports that the old English rule that a receiver could not be sued without the leave of the court appointing him caused much injustice, when courts, usually federal, began to use such officials in this country to take charge of large corporations. Small claimants were practically without legal redress against corporations so managed. To remedy this, the U.S. Congress, in March 1887, enacted that receivers appointed by any United States court may be sued in respect of anything done in carrying on the business, without the previous leave of the appointing court; provided, however, that such suit shall be subject to the general equity jurisdiction of the appointing court, so far as the same may-be necessary to the ends of justice.
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48. CORPORATIONS IN THE DISTRICT OF COLUMBIA. [1905]
Harvard Law Review . Feb1905, Vol. 18 Issue 4, p319-320. 2p.
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LEGISLATIVE bodies, CONSTITUTIONAL law, LAW, CORPORATIONS, GOVERNMENT policy, and LEGISLATION
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This article focuses on a case related to corporations in the district of Columbia. As between individuals one of whom is a citizen of the District of Columbia this right of removal to a federal court on the ground of diversity of citizenship does not exist. Congress in exercising its constitutional legislative authority over the District of Columbia acts, not in a separate capacity as a local legislature, but as the legislative body of the U.S., its enactments being limited in application to the territory established as the seat of government.
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49. BOOKS AND PERIODICALS. [1905]
Harvard Law Review . Apr1905, Vol. 18 Issue 6, p476-477. 2p.
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ACTIONS & defenses (Law), INTERNATIONAL law, and EXTRAORDINARY remedies
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The article discusses a paper and various books related to the lawsuits in the U.S. The paper discussed is "The Legal Nature of International Law," by George B. Scott. In this paper, the writer maintains two propositions: first, that the quality of enforceability and the existence of a sanction are not essential to the definition of law; secondly, that assuming a sanction to be requisite, one is present in the realm of international law. Some of the books discussed are "The Abuse of New Trials," by Everett P. Wheeler, "The Act of Congress Permitting Suits Against Federal Receivers: Injunctions From State Courts," by W.A. Coutts and "Dissenting Opinions," by V.H. Roberts.
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Prentice, E. Parmalee
Harvard Law Review . Jan1906, Vol. 19 Issue 3, p168-199. 32p.
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CORPORATION law, COMMERCIAL law, ANTITRUST law, and BUSINESS enterprises -- Law & legislation
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Discusses the powers given by the Constitution to Congress in the regulation of corporations and trade in the U.S. Principal evils of corporate management which is said to demand federal legislation; Nature and extent of the Federal Power; Limitations given by the Constitution to Congress including the liberty to engage in commerce and the taxation of imports and exports; Purpose of Constitutional construction.
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