proportional representation, its dangers and defects. by george horwill. london: george allen &...

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RECENT BOOKS REVIEWED PROPORTIONAL REPRESENTATION, Im DmGma AND DEFECITA By George Horwill. London: George Allen & Unwin, Ltd. 1935. F‘p. 149. Not a few advocates of proportional represen- tation content themselves with its application to a political unit not larger than a city and are opposed to its extension to the American state and to the nation. This ia true of many P. R. advocates in Cincinnati. where it has been in- troduced on a larger scale than in Cleveland with its districts, candidates in Cincinnati being elected at large for the entire municipality. These men and women, too, feel that P. R. may be all right in a city like Cincinnati that with the exception of the negroes has no sectional groups of marked characteristics of race or religion, but unwise where such groups abound. Mr. Horwill, it must be confessed, makes out a strong am against P. R. on a national sale, although many of his contentions can be successfully disputed, but taking the dtdu quo in many of the inland cities of America and most of the cities of his native Britain it would appear that his strictures do not apply. The author, it should be said, however, in justice, does not stop at the stufw po but confidently claims and attempts to show by citation of concrete ex- periences with F. R. that the system stimulates groups to self assertion, and fertilizes the soil for the growth of blocs. He summons an array of evidence to sustain his contention that P. R. is a solvent of political parties on a broad community basis. He says it does not induce minorities to convert the majority, but encourages them to harp on one string. “While sectional minorities should be heard in order that injustice shall not be done them, it is of the utmost importance that they should not have direct representation in parliamentary government, because parliamentary legislation should be the expression of general social action.” The author does not believe that P. R. only has the effect of splitting political parties into fadions and breaking down responsible govern- ment. He was long in America as Washington correspondent of British newspapers, and has criticised the legal regulation of American politi- cal parties as illustrated by statutory control In this connection he says: of primaries, and he has also commented adversely on our “ticket system of nominees. There is much valuable matter in the appen- dices to Mr. Horwill’s book and quotations from such men as John Bright, Benjamin Disraeli. W. E. Gladstone, J. Ramsey MacDonald, and Austin Chamberlain, all against P. R. Friends and foes alike will find this book stimulating. ALFRED HENDERSON. Cincinnati, 0. * A SELECTXON OF CASES ON THE LAW OF MUNICI- PAL CORPORATIONS. By Charles W. Tooke- Chicago: Callaghan and Company, 1936. Pp. xh, 1335. There are not a few indications of the marked growth of various fields of public law such as ad- ministrative law. the law of public utilities, and the law of municipal corporations. The above selection of cases, desling with the law of munici- pal corporations, illustrates in a concrete way the growth of one of these fields. A number of case books were available for short courses in munici- pal corporations-a subject occasionally offered in departments of political science or in schools of law. But interest in the subject has developed and the field has grown t o such an extent within a score of years as to require the preparation of a case book along comparatively new lines. Building on the earlier works, Professor Tooke has prepared a very useful and serviceable vol- ume of cases and illustrative extracts asa basis for a thorough course of instruction in this subject. In the cases selected special consideration is given to new spbjects, such as the framing of chargers (especially commission government and city manager types), to problems arising in connection with zoning and excess condemnation, and to provisions by cities for the public interest and general welfare under the police power. Frequently illustrative extracts are added to serve as a perspective for a consideration of the law as defined in the cases. Likewise de- parting from the usual practice in preparing collections of cases some suggestive dissenting opinions are included. The author evidently believes with Justice Hough that the law may occasionally, at least, be made or light may be thrown thereupon, in dissenting opinions. Frequently references are given to the standard 548

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Page 1: Proportional representation, its Dangers and defects. By george Horwill. London: George Allen & Unwin, Ltd. 1925. Pp. 149

RECENT BOOKS REVIEWED PROPORTIONAL REPRESENTATION, Im DmGma

AND DEFECITA By George Horwill. London: George Allen & Unwin, Ltd. 1935. F‘p. 149.

Not a few advocates of proportional represen- tation content themselves with its application to a political unit not larger than a city and are opposed to its extension to the American state and to the nation. This ia true of many P. R. advocates in Cincinnati. where it has been in- troduced on a larger scale than in Cleveland with its districts, candidates in Cincinnati being elected at large for the entire municipality. These men and women, too, feel that P. R. may be all right in a city like Cincinnati that with the exception of the negroes has no sectional groups of marked characteristics of race or religion, but unwise where such groups abound.

Mr. Horwill, it must be confessed, makes out a strong a m against P. R. on a national sale , although many of his contentions can be successfully disputed, but taking the d t d u quo in many of the inland cities of America and most of the cities of his native Britain it would appear that his strictures do not apply. The author, it should be said, however, in justice, does not stop a t the stufw p o but confidently claims and attempts to show by citation of concrete ex- periences with F. R. that the system stimulates groups to self assertion, and fertilizes the soil for the growth of blocs.

He summons an array of evidence to sustain his contention that P. R. is a solvent of political parties on a broad community basis. He says it does not induce minorities to convert the majority, but encourages them to harp on one string.

“While sectional minorities should be heard in order that injustice shall not be done them, it is of the utmost importance that they should not have direct representation in parliamentary government, because parliamentary legislation should be the expression of general social action.”

The author does not believe that P. R. only has the effect of splitting political parties into fadions and breaking down responsible govern- ment. He was long in America as Washington correspondent of British newspapers, and has criticised the legal regulation of American politi- cal parties as illustrated by statutory control

In this connection he says:

of primaries, and he has also commented adversely on our “ticket ” system of nominees.

There is much valuable matter in the appen- dices to Mr. Horwill’s book and quotations from such men as John Bright, Benjamin Disraeli. W. E. Gladstone, J. Ramsey MacDonald, and Austin Chamberlain, all against P. R. Friends and foes alike will find this book stimulating.

ALFRED HENDERSON. Cincinnati, 0. *

A SELECTXON OF CASES ON THE LAW OF MUNICI- PAL CORPORATIONS. By Charles W. Tooke- Chicago: Callaghan and Company, 1936. Pp. x h , 1335.

There are not a few indications of the marked growth of various fields of public law such as ad- ministrative law. the law of public utilities, and the law of municipal corporations. The above selection of cases, desling with the law of munici- pal corporations, illustrates in a concrete way the growth of one of these fields. A number of case books were available for short courses in munici- pal corporations-a subject occasionally offered in departments of political science or in schools of law. But interest in the subject has developed and the field has grown t o such an extent within a score of years as to require the preparation of a case book along comparatively new lines. Building on the earlier works, Professor Tooke has prepared a very useful and serviceable vol- ume of cases and illustrative extracts asa basis for a thorough course of instruction in this subject.

In the cases selected special consideration is given to new spbjects, such as the framing of chargers (especially commission government and city manager types), to problems arising in connection with zoning and excess condemnation, and to provisions by cities for the public interest and general welfare under the police power. Frequently illustrative extracts are added to serve as a perspective for a consideration of the law as defined in the cases. Likewise de- parting from the usual practice in preparing collections of cases some suggestive dissenting opinions are included. The author evidently believes with Justice Hough that the law may occasionally, at least, be made or light may be thrown thereupon, in dissenting opinions. Frequently references are given to the standard

548