Professor MacVane's own most important modifications of economic theory are found in his analysis of cost of production into "labor" and "waiting"-the latter being essentially different from the "abstinence" of the older economists and his distinction between capital and savings, the one being materials and instruments of production, the other consisting of goods ready for consumption in satisfying personal wants "which the owner chooses not to consume but to spare for hiring laborers." This is not the place to discuss these points nor to examine the rehabilitated wages-fund doctrine which Professor Mac Vane states in a way to leave exactly the impression that was left by the doctrine in its original form, namely, that the rate of saving is the cause of the rate of wages, and that the laborer, having no power to compel the employer to save, is practically helpless to help himself. The tacit assumption that the laborer can under no circumstances compel the employer to curtail personal consumption and increase wages is purely gratuitous. As a matter of fact, laborers of every grade, from domestic servants to salaried officials, are doing that very thing every day; for not only interest, but wages of management for the employer, depend on the employment of laborers. The proposition that within pretty broad limits the laborer can compel the employer to save, under penalty of having no income to consume, is one that has not been sufficiently examined. It merits serious study.

Bryn Mawr College.

FRANKLIN H. GIDDINGS.

EMIGRATION AND IMMIGRATION. A STUDY IN SOCIAL SCIENCE. BY RICHMOND MAYO SMITH, A.M. New York: Charles Scribner's Sons, 1890. Pp. xiv, 316.

Thus far the discussion of the question of immigration as far as this country is concerned has been controlled for the most part by economic considerations. Interest in this subject has been aroused chiefly by the belief that in some way

or other immigration effected the condition of the laboring classes. Prof. Smith, however, treats the problem much more comprehensively. His inquiry includes a study of the influence of immigration on the ethnical changes of the population, and also the influence of immigrants upon the ethical consciousness of the community. This is a broad view, and the more to be appreciated since it is taken by an economist. "We are concerned with the effect of such a movement on the community at large and its growth in civilization." For the solution of these problems it is necessary to collect accurate data, and with great clearness the author notes the elements to be analyzed. These are the intensity or amount of immigration; its quality as to nativity, age, sex, etc.; the character of the attractive force inviting immigrants; the difficulties to be overcome; and, finally, the influence of immigration upon vice, crime, and illiteracy. Emigration is regarded as a modern phenomenon, belonging to the nineteenth century, to be sharply distinguished from the migrations of early history or from the colonization characteristic of the age of maritime discovery. It is difficult to measure the amount of emigration. There are three special sources of information: the permits which may be required to leave a country; statistics of departure by water; and statistics of arrivals. Whatever can be gleaned from these statistics, as well as from all other official literature relating to the subject, has been most thoroughly studied and analyzed, so that nowhere can be found a more accurate or intelligent presentation of the facts.

Following the historical portion, successive chapters deal with the political, economic, and social effects of immigration; administrative methods adopted to protect the immigrant, as for example the Passenger Acts; Chinese immigration; restriction on immigration; and lastly with the principle of freedom of migration from the standpoint of political science. No part of the subject is slighted, and throughout there is displayed an independence of judgment

with thoughtful political suggestions. It is, however, in the political reasoning that occasionally dissent is prompted in my own mind. There is a disposition to regard the American political spirit as an absolute standard. I question if much is gained in scientific discussion by generalizing in regard to American political ideals. There is not space to mention the author's summary of "the characteristics of American state and social life which we desire to see preserved." They are most admirably stated: probably most of us desire to see them preserved, and yet it is difficult to pronounce dogmatically as to whether we ought to labor for their perpetuity. A renaissance of Puritanism is not to be desired. For somewhat the same reason I question the advisability of the loose use of the terms socialist and anarchist as connected with the political creeds of certain aliens and immigrants. It is possible, to say the least, that not even a pure-blooded New England Puritan stock would cope with flattering success with the problems of a factory "capitalconsolidation" civilization, or with the growth of a competent civil service.

Professor Smith, very wisely as it appears to me, has no sympathy with the idea that freedom of migration is an inherent right of the individual; and for the present conditions regards with favor the tendencies of public opinion. which would impose restrictions upon further immigration. The most feasible method of restriction, in the author's opinion, is the requirement of a consular certificate from emigrants. For the student the value of this volume is greatly increased by the appendix, which contains a valuable bibliography on the subject, including references to the literature of continental countries.

Institute of Technology, Boston.

DAVIS R. DEWEY.

MISCELLANY.

THE INTERNATIONAL CRIMINAL LAW ASSOCIATION.

[L'Union Internationale de Droit Pénal.]

RECENT penal legislation, as well in Europe as in America, has been gradually emancipating itself from the once prevalent maxim of criminal law that punishment must be strictly measured by the offense committed, to the exclusion of every other measure. If nowhere pervading the whole system of any country, there are manifold evidences of a tendency to place the protection of society from crime and its consequences in its broadest sense as the highest end of repressive legislation. Crime is viewed more and more as a social phenomenon; its causes and the means to be employed in suppressing it, are then plainly as much the concern of sociological investigators as of judges and lawyers.

The International Criminal Law Association purposes to cultivate the study of crime from this point of view. It was founded in the year 1889, mainly through the persevering efforts of Dr. Franz v. Liszt, professor of criminal law at Halle, formerly of Marburg. The aims and principles of this organization are best told in the language of the short and compact constitution of the organization which, aside from mere temporary provisions, is translated below:

I. The International Criminal Law Association holds. that crime and its repression should be considered from the social as well as from the juridical standpoint. It purposes the incorporation of this principle, and the consequences which flow from it, in the science of criminal law, and in penal legislation.

II. The association adopts as the fundamental basis of its labors the following propositions :

1. The purpose of criminal law is a struggle against crime viewed as a social phenomenon.

2. Penal science and penal legislation should take into consideration the results of anthropological and sociological studies.

3. Punishment is one of the most efficacious means at the disposal of the State in combatting crime. It is not the only means. It should not be separated from other social remedies, and especially from preventive

measures.

4. The distinction between habitual and occasional delinquents is essential in practice as well as in theory, and should be at the base of provisions of the penal law.

5. As the administrations of criminal courts and of prisons pursue the same end, as the significance of the sentence depends upon the mode in which it is carried out, the distinction common in modern law between the repressive organs and the prison organs is irrational and hurtful.

6. Restraint of liberty occupying justly the first place in our system of punishments, the association devotes special attention to all that concerns the improvement of prisons and allied institutions.

7. With respect to punishments by imprisonments of short duration, the association considers that the substitution for imprisonment of measures of an equivalent efficacy, is possible and desirable.

8. With respect to punishment by imprisonments of long duration, the association holds that the length of the imprisonment should depend not only upon the material and moral gravity of the offense committed, but also upon the results obtained by the penitentiary system.

9. With respect to incorrigible, habitual delinquents, the association holds that the penal system should aim at placing such delinquents beyond the possibility of harm for as long a time as possible, and this independently of the