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The new Constitution of Prussia, the convention disapproved was a proformerly the most autocratic of the posal that the courts, jointly with the German states, expressly confers this President, should possess the veto against power upon the courts. “The Landtag,” all acts of Congress—that is, a political

— says Article 29, “shall have legislative power as distinguished from a judicial authority within the limits prescribed Mr. Wilson also shows that this by the Constitution"; and, says Article exercise of judicial power was not new 87, “Constitutional conflicts shall be at the time. He quotes a large number decided by the State Supreme Court." of cases, all decided before 1787, in which The thing could hardly be put in plainer state courts had set aside, as unconstitulanguage than that. The new constitu- tional, acts of state legislatures. The tion of the Reich, adopted in 1919, is exercise of this judicial power was already almost as specific. “National laws,” says the established practice in six of the Article 13, “are superior to the laws of thirteen states before the adoption of the states. Should any doubt or differ- the Federal Constitution! ence of opinion arise as to whether a state Thus, this power was no invention of regulation is compatible with a law of the John Marshall. Another even more asReich, the competent national or state tonishing fact is the slight extent to which authority may request a decision from a the Supreme Court has declared acts of superior judicial court of the Reich in Congress null and void. From 1789 to accordance with the more specific re- 1914, several hundreds of thousands of quirements of a national law.” That measures had been passed by the Fedcovers, of course, only state laws in con- eral legislature. Of that vast multitude flict with Federal, but other sections of the Supreme Court has set aside just the Constitution clearly give the courts thirty-five! supreme authority over the constitutionality of all legislation.

The Banner States in Civic Duty:

Indiana and Kansas
The “Judicial Veto" No Invention of
John Marshall

HOSE organizations that made he

roic efforts to “get out the vote" at HUS the American system is taking the recent election can take at least root in the constitutions of many a slight satisfaction in the result. There

progressive countries. Mr. Wilson's were approximately 26,000,000 voters in extremely valuable paper calls attention 1920, and approximately 30,000,000 last to other misconceptions. One is that John November. The statisticians figured Marshall “usurped" this power and that that 44 per cent. of the eligible voters it is not found in the Constitution. Mr. visited the polls in 1920, compared with Wilson insists that the second section of 52.8 per cent. in 1924. In the growth Article 111—“The judicial Power shall of the sense of civic responsibility, even a extend to all Cases, in Law and Equity, few integers and a few decimal places arising under this Constitution, the Laws mark a district gain. of the United States, and Treaties made, Americans are taught that the act of or which shall be made, under their Au- voting is one form of patriotism, and that thority”-is a specific grant to the Fed- abstention from the polls in itself is a eral courts to set aside unconstitutional form of treason to the state. On this legislation and gives most weighty rea- subject more than one point of view is sons for his contention. He completely tenable; the casuist might maintain that disposes of the assertion, made by Senator he had no civic obligation to vote for one La Follette and others, that the Consti- of two candidates, when his conscience tutional Convention of 1787 considered revolted at the suggestion of either one the question of granting this authority in an office of public trust. Yet the test to the courts and voted it down. What has a certain value.



The National Association of Manu- swiftly growing communities in the West facturers has compiled tables on the late and Middle West have taken on an air of election, disclosing the record of each stability and permanence; they are not state in this regard. These figures, in the straggling places mirrored and satircidentally, make clear one explanation, ized by Charles Dickens and Mark Twain. which most observers had previously Even that period of demolition and reoverlooked, for the apparently bad show- construction So vividly pictured by ing made by the American electorate at Booth Tarkington in "The Magnificent these quadrennial contests. This is that Ambersons” and “The Midlander" has the general average is greatly lowered by passed to a great extent in our midland the indifference of the Southern states. cities. The business centers of our cities The fact at first seems hardly credible that have passed out of the frontier stage of only 8 per cent. of the qualified voters of development, with nearly all their buildSouth Carolina participated in the No- ings of modern and permanent convember struggle, only 10 per cent. of struction; they look more like cities and those of Georgia, and only 10 per cent. less like towns or settlements. of those of Mississippi. Virginia, that The tendency toward permanence and powerful force in American history, cast maturity is visible in most of our Western only 17 per cent. of its vote. As would and Middle Western cities. The Soldiers' be expected, the best record of any state and Sailors' Monument in Indianapolis, of the Solid South was that of North for instance, so similar in general aspect Carolina, but even this advanced com- to the Nelson monument in Trafalgar monwealth was satisfied with a record Square, looks just as old as the London of 37 per cent. For such manifestations column, and the general appearance of there is, of course, a special reason. In the plaza around it has the same appearstates where the result is foreordained, ance of maturity. In the capitol grounds there would naturally be a small atten- in Denver the age-stained monument to dance at the polls.

the Colorado veterans of the Civil War If the South is excluded from these stands within earshot of the clamor of a statistics, as it should properly be, the growing city. Salt Lake City, with all percentage of total vote cast is not 52.8 its monuments and memorials to the but 61. If interest in elections is a fair founders, chronicles in marble and bronze test of patriotism, then Indiana is our the figures of its local history with much most patriotic state, with Kansas a close the same lavishness as the heroes of second. The figure for Hoosierdom is national history are presented in Washing83.2 per cent. and for Kansas 80.3. Not

ton. When a city reaches the point of far in the rear come Washington, 76.3; memorializing its great or prominent it is Minnesota, 73.2; and New Hampshire, growing old, because few memorials can 70.1. Our largest state (in population), be put up until the petty jealousies and New York, cast 60.5 of its vote and our prejudices of life have been completely smallest, Nevada, 60.4-almost the same eclipsed by the subjects' records of percentage. The survey, properly in- achievements. That period of general terpreted, shows that the carelessness of appreciation frequently is postponed for Americans in performing this civic duty years after the death not only of the man has been somewhat exaggerated.

himself, but also of his critics.

In view of the impermanence of the The Life of a Street

character of sections in a great and grow

ing city like New York, it is unusual that N ALL American cities, West as well the merchants of Fifth Avenue should as East, are signs that our established have recently observed the one hundredth

communities are beginning to feel anniversary of the creation of that great their age, though most of them, even the thoroughfare. In other cities perhaps oldest, still have growing pains. The only four New York thoroughfares are


Culture and Business Success



widely known-Wall Street, Broadway, other cities in this country, as well as in The Bowery, and Fifth Avenue. Fifth foreign cities. Thus, though it is a Avenue, more than any of the others, permanent institution in the life of a city, typifies the metropolis. Running seven its changes in appearance typify progress. miles through the heart of Manhattan, it When Fifth Avenue, or Philadelphia's passes from magnificence to squalor, Broad Street, or Chicago's Michigan from wealth to poverty, from beauty to Avenue, cease to change in contour, the ugliness, from tenement to palace. Its citizens might as well call in the archæarchitecture encompasses the sublime ologists, the civilization those and the ridiculous; its history passes thoroughfares represent is dead or defrom the funeral of Grant to the last Boy clining. Scout parade.

It is a street of pomp and pageantry, Money Value of a College Education and along its ways have passed victorious divisions returning from the wars.

HE cash value of a college educaNearly all our Presidents of the last tion to its possessor is $72,000, century and nearly all the country's according to a report made public distinguished visitors have driven through to-day by Dean Everett W. Lord of the Fifth Avenue to receive the plaudits of Boston University College of Business throngs. Fifth Avenue has greeted the Administration, based on a lengthy study Prince of Wales, later Edward VII, the of the earning capacity of college gradupresent Prince of Wales, Li Hung Chang, Prince Henry of Prussia, Joffre, Foch, The foregoing quotation is the first senViviani, Clemenceau, the King and tence of an Associated Press despatch Queen of the Belgians, and countless recently printed in the newspapers. It lesser notables. It is the thoroughfare in should form the subject of an interesting which the metropolis takes pride; it is a discussion. Already one correspondent civic institution, more than a street—the of this magazine registers a strong dissoul of a city.

sent. His letter is published, not necesThough both city regulations and semi- sarily because the magazine agrees with public watchfulness guard the great high- the argument, but because it states the way against harmful or undignified opposing case ably and is stimulating to intrusion, it is a thoroughfare of constant thought: change; that tells a story of progress. On its one hundredth anniversary, plans

Dean Lord's generalization is another curifor more changes are being formed. The ous case of non-sequitur, or, more accurately, famous old Astor mansion has been sold

of ignoring the real cause in favor of a specious and will give way to a modern apartment earnings of three types of men by the time they

one. Dr. Lord found that the average total house. Historic Madison Square Garden,

had reached the age of sixty were as follows: scene of the longest national political untrained men, $45,000; high school graduates, convention in history, will soon be re- $78,000; college graduates, $150,000. Thereplaced with an office building-though fore, according to the despatch, the difference it is not situated on Fifth Avenue, its in value between a high school education and position on a corner of Madison Square, a college education is $72,000. as well as its historic associations, really Of course, this reasoning is perfect nonsense. make it a part of the Avenue.

Anybody of ordinary intelligence who runs The millions who visit the famous

over the list of successful men of his own acthoroughfare have caused it to make quaintance knows that this conclusion bears

no relation to the facts of life. These successmany improvements in traffic control.

ful men are not successful because they had a Its bus system has spread to St. Louis, college education. The correct statement is, Chicago, and other cities, and its system that some of these men got a college education of regulating vehicular traffic by colored

for exactly the same reason that they “got" lights is used in Philadelphia, Omaha, and success, namely, because they had “getting”


brains and “getting" characters. A college duce the fertility of men and women of lower education is a useful tool, but millions of suc- innate intelligence. To get a prosperous and cessful men have proved that it is not an intellectually rich nation is not a problem in indispensable tool for money-making. In- college education but a problem in eugenics.” deed, it is open to question whether a college education is not a positive handicap for a man

Life is Sweet-and So is Death whose sole ambition is business success. It

O MUCH has been heard recently takes at least four years of life lost to learning

about diabetes mellitus, chiefly the ways and the “feel” of business, and it forms habits of theory and of reliance upon

because of Dr. Banting's develop"book learning" that are definitely opposed to

ment of Insulin, that a popular impresthe sensitive experimental dealing with human sion prevails that this Canadian physician nature that is the greatest asset of the business has conquered one of the most ancient man.

enemies of human society. Yet certain All this is not to say that a college education statistics assembled by Dr. Haven Emeris not worth having, any more than it should

son, and published in the Survey Magabe read to say that money and success are not

zine, indicate that this disease, as an worth having. Both are worth getting, be

every day fact, is almost as new as the cause both may be used to provide a richer life

remedy which has brought so much relief. to the man who gets them. But neither is the cause of the other. On the contrary, both are

Sixty years ago diabetes mellitus was the effect of a common cause, and that cause simply interesting as a medical curiosity. is innate capacity. This inborn gift of brains. The medical profession seldom came in ambition, and character makes its possessor contact with it. The earliest accurate capable of getting a college education, business vital statistics kept in New York City, success, or anything else that lies within the beginning just after the Civil War, show range of that gift. In other words, Dr. Lord's

one death from this cause for every 2,400 figures are really a measure of the relative

from other ills. In 1923 there was one natural endowments of three classes of men. One necessary set of figures is missing, namely,

for every 51 from other causes, but it must

be remembered, in drawing this comparthe number of men comprised in his three classes. They can, however, be supplied ison, that the mortality from all other from other sources. Thus supplied, a correct

diseases during this period shows a great statement of his figures and their meaning decrease. would read somewhat as follows: “On an The explanation is simple enough. average, of every 100 men in America, 65 are American life in the last sixty years has inherently capable of achieving not more than grown more and more sweet-in a phya common school education and a total earn

sical sense.

The increased use of sugar in ing of $45,000 by the time they are sixty years

the daily dietary is as significant of modold; 15 are inherently capable of achieving

ern American progress as is the use of not more than a high school education and

the automobile and the telephone, and is $78,000; and 20 are inherently capable of achieving a college education and $150,000."

due to the same cause--the growth of This "inherent capacity” is inherited. Not

individual wealth. As a man or woman every man who inherits it gets a college educa

becomes more prosperous, the first thing tion or a fortune-time or place or circumstan- he does almost instinctively is to add ces may prevent. But no man who does not more meat and sugar to his food. In inherit it can get either a college education times of penury human beings eat from or a fortune. This may sound harsh, but it is necessity, in times of prosperity they eat as clearly proved as anything else that is for pleasure. And among the gifts of known to man. Nobody is foolish enough to

modern progress, sugar, in its various argue against encouraging college education. But it should not be encouraged by specious forms, is apparently one of the most

esteemed. arguments about its money value. If society wants more college graduates and more suc

And this vice, if it is a vice, is a new cessful men, society should take measures to

one. History does not record the time encourage men and women of fine inheritance when men have not used alcohol. The to have more children, and measures to re- ancients had the same passion for it as 242

Training and Enlightenment

the moderns, and practically every savage

lini has said that he wants to get away from tribe has discovered its use in some form government ownership and adopt the Amerior other. But the Greeks and Romans can system. knew nothing of cane sugar; their nearest The idea that one American can fill approach to it was honey. Sugar, in- any public office just about as well as deed, is only about five hundred years old. any other was the discovery of the JackThat universal succulent-candy-was sonian Democracy. It was the justifiunknown in the days of the Pilgrim Fa- cation of the "spoils system” and led to thers. Sugar in any form was not largely the habit of periodically ousting one set of used until after the Civil War. The office-holders to make place for a new. present vast consumption of candy and It was an absurdity in the comparatively soft drinks and miscellaneous delicacies simple age that heard its promulgation, in which it is an important ingredient but it has become an outrageous distorwould have amazed the earlier generation. tion in the more complicated society in In moderation, sugar is an excellent food which we now live. The ideas that con-in a physiological sense, it is only an- trol science and business and professional other name for energy. That the in- life are, above all, applicable to public crease in its use, however, is the cause of affairs, and it is one of the reproaches of the rapidly mounting death rate from democracy that it has most inadequately diabetes, is a fact on which so eminent learned this lesson. The trained man an authority as Dr. Haven Emerson is is indispensable in practically every field. willing to stake his reputation.

Specialization is the rule in all the pro

fessions. Medicine, the law, engineerA Scientist on the One Great Failing ing, business organization-everywhere of Democracy

the mind that concentrates on one de

partment, and masters it in all its deROFESSOR MICHAEL PUPIN, tails, is in demand. Yet training and of Columbia University-a sci- experience in public life are even yet not

entist whose work has had a prac- regarded as indispensable. tical application, for it has made the long The planning and building of subways distance telephone a reality-has re- in a great city like New York calls for cently put his finger on the sensitive spot special knowledge of the most intricate in democracy:

kind, yet for seven years this pressing

necessity has been the victim of the most The weakest point in democracy has always ignorant political demagogues. It is a been lack of appreciation of expert knowledge. curious but illuminating fact that Mayor Railroads, telegraphy, telephony and radio Hylan, the man who now pretends to broadcasting, electrical lighting and electrical dictate in the matter of the transit of transmission of power are certainly public utilities, but the intelligent people of the

seven million people, was himself, only United States will never consent that these

a few years ago, a locomotive engineer on things, requiring an enormous amount of ex

the King's County Elevated Railroad, pert knowledge, be placed under government and was “fired” for incompetence. So ownership. The machinery of our govern- far, by his own unaided efforts, had he ment or of any other form of government risen as a transit expert! It is an extreme known to man to-day is utterly incapable of illustration of the extent to which a handling technical problems which require democracy disregards experience and the highest type of training applied to the

skill in the management of great public highest type of intelligence. All of these public utilities are full of complex technical

enterprises. problems which cannot and never were in

As government becomes more enlighttended to be handled by any government. ened, more and more the value of knowlIn Europe we see that where there is govern- edge is respected. Probably one of the mental ownership the utilities are being run reasons why our Federal Government is at heavy deficits. And only recently Musso- so vastly superior, in efficiency and


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