remedy for this condition of affairs is a greater care in the selection and appointment of referees in bankruptcy by the Federal judges. Requests to this effect have been made by the Credit Men's Association, to the members of the District Courts throughout the country. There is also need for a larger staff of postal inspectors to make possible an immediate and thorough investigation of this elusive and demoralizing practice. A closer co-operation between government agents and the credit men of the country would also do much to bring the whole problem to a solution. REFERENCES Annual Report of the Postmaster-General-see especially those for 1911, 1912, and 1913. Special Report of the Postmaster-General of 1904 on Irregularities in the Postal Service. This report shows the practical aspects of administrative methods and organization. U.S. Bankruptcy of 1898 with Amendments to 1910. Washington, Government Printing Office, 1910. Bulletin (monthly) of the National Credit Men's Association. I. QUESTIONS THE POSTAL POWER Cite and explain the constitutional clause governing the postal power, and show by illustration the meaning of "establish" as used in this clause. 2. Explain the general work of the Post Office, and give some idea of its magnitude and its particular relations to the people. 3. Resolved that the Post Office should confine itself to the transmission of letters. Defend either side of this question, showing the advantages and disadvantages of other activities. 4. A foreigner asks you how the postal savings bank is managed, and its general regulations. Explain. 5. Why was the Parcel Post opposed, and why adopted? What is its present usefulness? 6. Resolved that the Post Office can assist in reducing the cost of marketing. Defend either side of this question. 7. What is a fraud order? 8. A company engaged in a fraudulent business finds that the circulars which it sends out are being returned to it marked "fraudulent." It protests on the grounds that the circulars are its own property which it has a right to send through the mails, or to dispose of as it pleases, under the 5th Amendment. Cite the 5th Amendment, and explain what the Court would decide as to the rights of the company and why. 9. An immoral or fraudulent publication or letter is offered for transmission through the mail. Explain fully the exact authority of the postal officials over this matter. 10. Prepare a report showing the general administrative organization of the Post Office Department, and contrast its organization with that of your county government. Which is the more effective form of organization and why? trunks and sent northward to a point above Seattle. Here it is stored in a warehouse for several months and later re-packed in large shipping case and sent back to her husband's store where it is placed on sale. A portion is also sent to the stores of her brothers-in-law and there sold. Indictments are found against Sarah L- and her husband and brothers-in-law, charging her with perjury and all with conspiracy to conceal her assets and defraud the creditors. The men are convicted and Sarah L-is yet to be re-tried on the perjury charge. II. Resolved some increase should be made in the rates charged for transporting magazines through the mails. Defend either side of the question. 12. Resolved that it is constitutional for the Post Office to practice and operate the large interstate telephone and telegraph lines of the country. Defend either side of the question. 13. Resolved that it is advisable for the Government to purchase and operate the interstate telephone systems of the United States. Support either side of this question. QUESTIONS-BANKRUPTCY I. What is the exact authority of Congress over Bankruptcy? If Congress did not pass a bankruptcy law could each State do so? 2. Resolved that Congress should leave the regulation of bankruptcy to state legislation. Defend the negative. 3. Why is a bankruptcy law necessary? 4. Explain the difference between voluntary and involuntary bankruptcy under the Federal law. 5. How may an insolvent firm become a voluntary bankrupt under the Federal Act? 6. You have a claim against John Doe & Company, and you receive information that he is transferring his assets to his wife. What steps can you take? Explain fully. 7. Explain and illustrate why the bankruptcy law is so easily evaded. 8. Resolved that it is better financial policy for the creditor not to push a criminal prosecution of a fraudulent debtor. Defend either side of this question. 9. Explain the practical value and work of such bodies as the National Credit Men's Association, in the enforcement of the Bankruptcy Act. 10. Point out some of the weaknesses in the administration of the Act, and show how they could be remedied. CHAPTER XII THE POWERS OF CONGRESS-Continued THE WAR POWER Legal Basis of the Power.-Although the war power of Congress now seldom occupies the minds of Americans, it was at first regarded as deserving of the greatest attention; more space is devoted to it in Section 8 of Article I than to any other authority. Seven clauses are required to convey the grant: Congress shall have power to Declare war, Raise and support armies, Provide and maintain a navy, Make rules for the government of the land and naval forces, Provide for calling forth the militia, Provide for organizing, arming and disciplining the militia, Exercise exclusive legislation over forts, magazines, arsenals and dockyards. Declarations of War.-As we contemplate the vast extent of the authority conferred on Congress by these clauses, a number of questions arise, which can best be answered by a brief review of precedents. How is war declared? The usual method is a simple resolution passed by both Houses and signed by the President, declaring that a state of war exists between the United States and the nation in question. A declaration of war between modern nations usually allows three days in which merchant vessels of the enemy must leave the ports of the country making the declaration, otherwise such vessels are liable to capture. Contrary to prevalent belief, the declaration of war may be and often is made after the war itself has begun. This occurred in the Japanese-Russian War of 1904, when the naval hostilities opened, by surprise, on the night of February eighth, while the declaration followed on the tenth of that month. The purpose of Japan in delaying the declaration was to strike while the Russian naval force was divided into two detached squadrons.1 1 Declaration of War by Japan.-The following declaration was made on February 10, 1904. "We, by the Grace of Heaven, the Emperor of Japan, seated on the Throne occupied by the dynasty from time immemorial, do hereby make proclamation to all our loyal and brave subjects as follows: "We hereby declare war against Russia and we command our army and navy to carry on hostilities against her in obedience to duty and with all their strength, and we also command our competent authorities to make every effort in pursuance of their duties and in accordance with all the means within the limits of the Declarations in the European War.-How important the delay in declaring war may be, is well shown by the great European conflict. Upon the outbreak of hostilities between Austria and Serbia, Russia let it be known that she would not tolerate an Austrian occupation of Serbian territory, and she began to mobilize part of her forces to support this position. Then began a remarkable series of attempts by the Great Powers to open the war without formal declarations, each seeking to show that the other had taken the offensive. Both the Triple Alliance of Germany, Austria, Italy, and the Triple Entente of England, France and Russia, were avowedly defensive. The leaders in each of these two leagues felt that any aggressive, offensive act on their part would give the other members of the league an opportunity to refrain from joining in the war. Consequently each Power sought to take up a defensive position so that when attacked it might call upon its allies. This explains the curious reluctance to make a formal declaration of war. Germany in particular was placed in a position where she must choose between a defensive attitude in the hope of winning Italian support and English neutrality if war broke out, or the undoubted advantages of a quick and surprising offensive in pursuance of her long prepared and carefully worked out plan of attack. She chose the latter and lost the former. On August 1st she sent a twelve hours' ultimatum to Russia to stop mobilizing and that night declared war on Russia and invaded Luxemburg on the French frontier. This was an act of war on France, but the French scrupulously refrained from making any formal declaration in return. Thereupon Germany invaded Belgium, another overt act against the French, and on August 3d formally declared war on the Republic. This vigorous German offensive at once brought a declaration of neutrality from Italy, and the careful French diplomacy reaped its reward on August 4th in a declaration of war by England based on the attacks made by Germany on her western neighbors. Simultaneously came the formal French declaration of a state of war, carefully presented as a defensive proclamation. Germany's choice of a vigorous attack and surprise on her western neighbors undoubtedly gave her a remarkable military advantage. On the other hand, the French success in scrupulously preserving a defensive attitude afforded Italy the desired substantial ground for refusing to enter the war, and gave the British Government the support of public opinion in coming to the rescue of its ally. The Spanish-American War.-In our war with Spain an unusual and interesting variation occurred in declaring the opening of hostilities. Congress first passed on April 20, 1898, a joint resolution calling on Spain to withdraw from Cuba. "Whereas the abhorrent conditions which have existed for more than three years in the Island of Cuba, so near our own borders, have shocked the law of nations." Then follow several clauses explanatory of the causes of the war. moral sense of the people of the United States, have been a disgrace to Christian civilization, culminating, as they have, in the destruction of a United States battleship, with 265 of its crew and officers, while on a friendly visit in the harbor of Havana, and cannot longer be endured, as has been set forth by the President of the United States in his message to Congress of April 11, 1898, upon which the action of Congress was invited: Therefore, Resolved by the Senate and the House of Representatives of the United States of America, in Congress assembled, First, That the people of the Island of Cuba are and of right ought to be free and independent. Second, That is the duty of the United States to demand, and the government of the United States does hereby demand, that the Government of Spain at once relinquish its authority and government in the Island of Cuba, and withdraw its land and naval forces from Cuba and Cuban waters. Third, That the President of the United States be, and he hereby is, directed and empowered to use the entire land and naval forces of the United States, and to call into the actual service of the United States the militia of the several States, to such extent as may be necessary to carry these resolutions into effect. Fourth, That the United States hereby disclaims any disposition or intention to exercise sovereignty, jurisdiction, or control over said Island except for the pacification thereof, and asserts its determination, when that is accomplished, to leave the government and control of the Island to the people." This demand amounted to an ultimatum and the Spanish Court never received it, but immediately upon the passage of the resolution by Congress broke off diplomatic communication with the United States and recalled the Spanish minister. The hostilities therefore began on the following day, April 21st, although no formal declaration of war had been made at that time. The declaration itself was passed by Congress on April 25th and is to be found in the Public Laws of the United States of America, passed at the second session of the fifty-fifth Congress, 1897-1898, Chapter 189. "An act declaring that war exists between the U. S. of America and the Kingdom of Spain. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, First. That war be, and the same is hereby declared to exist, and that war has existed since the 21st day of April, 1898, including said day, between the United States of America and the Kingdom of Spain. "Second. That the President of the United States be, and he hereby is, directed and empowered to use the entire land and naval forces of the United States, and to call into actual service of the United States the militia of the several states, to such extent as may be necessary to carry this Act into effect." The last step in the declaration of war is its public proclamation by the President and the notification to foreign powers by our diplomatic representatives abroad. This proclamation is usually a |