hydrology and scientific information upon water resources, presented for popular reading and to cultivate public sentiment for public improvements; very readably written, without incumbrance of references. It is at its best in depicting the ingenuity of engineers and the physical difficulties which they have met and surmounted. The portions for a law review are the opening and closing chapters, reflecting the attitude of engineers toward the condition of the law. Among occasional comments in the rest of the book may be noted the confidence expressed in the impartiality and validity of the conclusions reached, from conflicting expert testimony, by the court in the Miami Flood cases (pages 146-47). The attitude of the author toward the law is, however, mainly critical; the rules of law are "artificial relations," "obstacles erected by man" which "block his (the engineer's) way," as "invisible walls," leaving him in "chaos" (e.g., pages 39, 292). Lawyers will admit that the law has its shortcomings; but we cannot admit, as the engineers are in the habit of charging, that in comparative efficiency the law as a whole is below engineering. The same comment would apply to the book in the same series written by Professor Swain, of Harvard ("Conservation of Water by Storage," 1915, Chester S. Lyman Lecture Series of 1914). The best defense being a stout lance, we might reply that engineers think upon the basis that the natural resources should be at their disposal to handle without the restraint of law, according to their judgment of "the greatest good of the greatest number"; and if that power is granted to engineers, the transportation and food industries can be claimed for the same purpose by the labor interests. The further one gets into the law, the more it seems that the engineers' criticisms are less a criticism of the law than impatience with men for requiring to be restricted by law. The word "reconstruction" is used by the author as synonymous with "conservation" as formerly used, and both are used as receptacles for unalloyed good, free of all impurities (see pages 25-31, 190); "the greatest good for the greatest number," "reconstruction" of man, things, laws "from the ground up." Although published in 1920, the lectures were given in 1913, and the Russian experience of remaking the world may raise some skepticism in the reader; but assuming that we go through such reconstruction, the influence of water resources thereon would still, if we may be permitted the suggestion, seem to be somewhat over-emphasized by the book (e.g., p. 30). Mr. Pinchot sought to control the nation's destiny by controlling the forests; wood and water alike ramify through all human activities, but beyond a certain point the relation becomes too remote to be credited to either. Similar considerations may be illustrated by some sentences condensed from Angell's preface to the first edition of the first American law book upon waters. "At a very early period" (he says), "as well as at the present day, the human mind was employed in observing and admiring these aqueous circulations of nature. 'Where a spring rises or a river flows' (says Seneca), 'there we should build altars and offer sacrifices.' And who has not perused the ode of Horace to the fountain of Blandusium? Or the address of Petrarch to that of Vaucluse? With what elevation and sublime emotions do we contemplate the rivers of our own country? How frequently do we ramble in imagination, till the mind is confounded in the mazes of its own wanderings etc. (Angell, Watercourses, 1st ed. (1824), preface.) In the march of social progress, inland waters will, of course, be essential; but so will many other things. At present the development of oil resources seems to be exercising more influence. In a book emphasizing the social aspects, it is unexpected to see the adoption of the point of view that "we may properly consider it [water] as a mineral, a portion of the rocky crust of the earth" (page 36), which the social objects to be attained require to be denied. (22 HARV. L. REV. 100; 27 HARV. L. REV. 530. Compare Mr. Newell's page 293). In regard to relative social importance of uses, Mr. Newell (pp. 38, 179-180) ranks them: (1) drink, (2) food by irrigation, (3) sewage, etc., (4) manufacturing and power, (5) transportation. But engineers make slips in social outlook as well as lawyers. We read that the present tendency is that "one simple procedure is followed day and night continuously for months from the time the structure is started until it is finished" (page 139), which is not elevating for the individual who does it. And the engineers seem to discuss (without Mr. Newell's approval, however) the valuation of a domestic water supply by the money value of the persons served (page 183), which is very much the same basis as that used (page 235) to figure the value of alfalfa by the value of the pork it will produce. The lawyer who wishes an introduction into general ideas of water engineering (and lawyers who have work in that line should have some idea of it) will find Professor Newell's work an authoritative treatise upon these engineering matters, well and attractively written. SAMUEL C. WIEL. HARVEY HUMPHREY BAKER, UPBUILDER OF THE JUVENILE COURT. By the Judge Baker Foundation. Concord, N. H.: The Rumford Press. 1920. pp. 133. This little volume, the first of a series of publications to be issued by the Judge Baker Foundation, is primarily a memorial to the pioneer Judge of the Boston Juvenile Court. It is consequently somewhat varied in content, containing not only Judge Baker's review of the first five years' work, and a reprint of his article on the procedure of the Boston Juvenile Court, but also several other contributions. These last consist of a biographical tribute to Judge Baker by Roy M. Cushman, a series of statistics, for purposes of comparison, of the second five years' work, and a brief article on the work of the Judge Baker Foundation by William Healy and Augusta F. Bronner, managing director, and assistant managing director respectively, of the Foundation. The book therefore makes a varied appeal, to those interested in the personality of Judge Baker, to those who desire information on the actual operation of a notable Juvenile Court, and to those who are following the development of case diagnosis and treatment of delinquency. The Juvenile Court, like many of the children with whom it deals, presents a problem in heredity. So far as the court is descended from the equitable jurisdiction of the courts, as parens patriae, it is a conspicuous success. The informal procedure, the fatherly attitude of the judge, the painstaking inquiry by doctors and psychologists to ascertain the causative factors of the delinquency, the free hand of the judge in devising remedial or protective measures, all make for the development of useful citizens and the consequent diminution of crime. On the other hand, so far as the court is a child of the criminal law, it carries within it the known weaknesses of its parent. Conspicuous among these weaknesses is the matter of appeal, discussed at length by Judge Baker. In Massachusetts an absolute right of appeal exists in Juvenile Court cases and the judge must solemnly advise the child of this right. The result is that appeals are often taken in the most serious cases, where the judgment, skill and knowledge of the Juvenile Court might be employed best for the child's benefit or for the protection of the community. Once the ponderous machinery of the criminal law is invoked, the chances of constructive action become almost zero. For many reasons the district attorney does not like prosecuting children; for obvious reasons, a jury, saturated in the atmosphere of the criminal court, is unlikely to convict a child; and if the case finally does reach the Superior Court judge for disposition, the matter does not receive the careful consideration which the Juvenile Court is prepared to give. Thus the matter of appeal represents a real flaw in the handling of juvenile delinquency. To make matters worse the appeal not only operates against the child's own welfare and the best interests of the community, but also the knowledge on the part of the Juvenile Court judge that an appeal may be taken sometimes influences him against his better judgment in the disposition of cases before him. The question of appeal is only one of many problems arising out of the procedure and position of the Juvenile Court in our judicial system. Judge Baker in his book makes certain recommendations with respect to appeals, which have not been followed by legislation. It would be interesting to know how other communities handle this and other problems. The time seems to have arrived when a complete critical survey of Juvenile Court methods and procedure should be made somewhat along the lines of Mr. Reginald H. Smith's recent report on the administration of justice in his book "Justice and the Poor," published by the Carnegie Foundation. Such a survey would place in the hands of those generally interested in the Juvenile Court the material needed for the development of more effective technique and a basis for procedural and legislative changes. HERBERT B. EHRMANN. BOOKS RECEIVED THE GROUP MIND. By William McDougall. New York: G. P. Putnam's Sons. THE NEW FRONTIER. By Guy Emerson. New York: Henry Holt and Com pany. LA CRÉATION Artistique et Littéraire et le DROIT. By Marcel Plaisant. Paris: Rousseau & Cie. LES QUESTIONS ECONOMIQUES. By Raymond U. Stock. Paris: Rousseau & Cie. SPECULATION AND THE CHICAGO BOARD OF TRADE. By James E. Boyle. New York: Macmillan and Company. VÖLKERMORD ODER VÖLKERBUND. By Dr. Heinrich Lammasch. The Hague: Martinus Nijhoff. THE SENATE AND TREATIES. By Hayden Ralston. New York: The Macmillan Company. THE LAW OF DAMAGES AND COMPENSATION. By F. O. Arnold. London: Butterworth and Company. THE MINING LAWS OF THE BRITISH EMPIRE AND OF FOREIGN COUNTRIES. Volume I. By Gilbert Stone. London: H. M. Stationery Office. ESTATES, FUTURE INTERESTS AND ILLEGAL CONDITIONS AND RESTRAINTS IN ILLINOIS. Second Edition. By Albert M. Kales. Chicago: Callaghan and Company. MARITIME LAW. By Albert Saunders. London: Effingham Wilson. LE DROIT PÉNAL INTERNATIONAL. TOME I. By Maurice Travers. Paris: Librairie, Recueil Sirey. THE COLONIZATION OF NORTH AMERICA. By Herbert E. Bolton and Thomas M. Marshall. New York: The Macmillan Company. CLASSICS OF INTERNATIONAL LAW. Washington: Carnegie Institute. Le Droit des GENS OU PRINCIPES DE LA LOI. Volumes 1, 2 and 3. By DE JURE NATURAE ET GENTIUM DISSERTATIONES. Volumes 1 and 2. DE JURE ET OFFICIIS BELLICIS ET DISCIPLINA MILITARI LIBRI III. JURIS ET JUDICII FECIALIS SIVE JURIS INTER GENTES EXPLICATIO. SYNOPSIS JURIS GENTIUM. Volumes 1 and 2. By Johann Wolfgang DE INDIS ET DE Ivre Belli ReLECTIONES. By Franciscus de Victoria. CONSTITUTIONAL CONVENTION BULLETINS. Springfield (Ill.): Legislative Reference Bureau. WEST VIRGINIA LEGISLATIVE HAND BOOK AND MANUAL AND OFFICIAL REGISTER. Charleston: Tribune Printing Company. LAW REFORM, Address On. By Henry Goudy. New York: Oxford University Press. OCCASIONAL PAPERS AND ADDRESSES OF AN AMERICAN LAWYER. By Henry W. Taft. New York: The Macmillan Company. PROBLEMS IN BUSINESS LAW. By Justin H. Moore and Charles A. Houston. New York: D. Appleton and Company. CARNEGIE ENDOWMENT FOR INTERNATIONAL PEACE. New York: Oxford University Press. NEGRO MIGRATION DURING THE WAR. By Emmett J. Scott. THE DECLARATION OF LONDON 1909. With an Introduction by Elihu Root. Edited by James Brown Scott. THE PROCEEDINGS OF THE HAGUE PEACE CONFERENCES. Conference of 1899. TREATIES FOR THE ADVANCEMENT OF PEACE. 1913-1914. THE PROCEEDINGS OF THE HAGUE PEACE CONFERENCES. Conference of 1907. HARVARD LAW REVIEW VOL. XXXIV DECEMBER, 1920 No. 2 A NEW PROVINCE FOR LAW AND ORDER.-III 1 EADERS of the HARVARD LAW REVIEW who have perused the two previous articles under this heading (November, 1915; January, 1919) may be interested in reading of the more recent developments of the Commonwealth Court of Conciliation and Arbitration in Australia. There are three main aspects in which the results of such an experiment may be considered: (1) how far continuity of industrial operations is secured; (2) how far the conditions of the workers have been improved; and (3) how far the use of human life for industrial processes has been reduced to system and standardised. The first aspect appeals mainly to the employing class; the second to the employees; the third to those who study the development of law and order in human relations. All three aspects concern the whole community. (1) Never has there been such industrial unrest as at present throughout the world. Owing to causes which I need not stay to consider, the cost of living everywhere has risen during the Great War; and it is still rising. There is a shortage of commodities; the demand for labour has increased, and much exceeds the supply; the strategic position of the class who take employment is temporarily superior to that of the class who give employment. Vague and ill considered proposals for the immediate introduction of a new social order have been spread abroad, and in remote Australia as well as 1 "A New Province for Law and Order," I, 29 HARV. L. REV. 13; "A New Province for Law and Order," II, 32 HARV. L. REV. 189. |