Lien, Arnold J.

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Washington University St. Louis: Open Scholarship

Washington University Law Review Volume 22 Issue 4 January 1937 Review of “Labor Treaties and Labor Compacts,” By Abraham Weinfeld Arnold J. Lien Washington University in St. Louis Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview  Part of the Law Commons Recommended Citation Arnold J. Lien, Review of “Labor Treaties and Labor Compacts,” By Abraham Weinfeld, 22 WASH. U. L. Q. 588 (1937). Available at: https://openscholarship.wustl.edu/law_lawreview/vol22/iss4/5 This Book Review is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact digital@wumail.wustl.edu. 588 WASHINGTON UNIVERSITY LAW QUARTERLY [Vol. 22ous instances are reported of active criminals in legislative, executive, andpolice offices. Without these co-workets in public office, the crime-businesswould be doomed.The criminal is aided greatly also by ready sympathizers in private lifewho offer shelter and other forms of assistance. Indispensable to the thievesare the numerous "respectable" distributors who help in the marketing ofthe loot. Furthermore, "The legal profession, wittingly or unwittingly, hasdone more to clog the courts, to delay prosecution, to open prison doors, tosurround criminals with legal and statutory safeguards, and to stultifyjustice, than any other single medium in our criminal history." It mightbe commented here that if these results have come "unwittingly" there issomething wrong with our legal system which calls for constructive actionand if the results have come "wittingly" the purging of the legal professionwhich is now under way calls for a brisk acceleration in tempo.Courtney Cooper sees much that is admirable and promising in theagencies of the national government and their recent activities and achieve-ments. But for a solution of the problem of the business of crime lie re-gards it as indispensable that law enforcement be completely divorced frompolitics and from criminals. For this, a crystallized and vigorous publicopinion is needed. "There is no weapon on earth so powerful as the ballotwhen properly and consistently used as a means of reward or reprisal. Thisweapon has been unfailing over a period of many years. It is yours in theinterest of a crime-free America-If you will use it."A sensational volume? Rather a sober volume of sensational facts by aneminent journalist who has an effective way of mustering an amazingcollection of data; a good bit of ugly realism for both the active and theprospective lawyer to contemplate; scholarly in its own way-which is, ofcourse, not the academic way.St. Louis, Missouri. ARNOLn J. Lism.tLABoR TREATIES AND LABOR COmPACTS. By Abraham C. Weinfeld. Bloom-ington, Indiana: The Principia Press, Inc., 1937. Pp. VI, 136.In view of the entrance of the United States into the International LaborOrganization in 1935, the World Textile Conference in Washington in 1937,and the recent steps towards regional state compacts within the UnitedStates involving aspects of the labor problem, the appearance of this volumeseems peculiarly timely. In part the book consists of articles previouslypublished in the Law Reviews of the universities of California and Chicago,and of George Washington University. The author, a member of the NewYork Bar, writes with clarity and extensive documentation; but the studyis not an exhaustive one and the reasoning and conclusions on controversialand unadjudicated questions are not always convincing.The core of the volume is the treaty-making power; its extent and itslimitations. The author expounds at length his thesis that agreements andj Professor of Political Science, Washington University.Washington University Open ScholarshipBOOK REVIEWScompacts are included in the word, treaty, as that word is used in the con-stitutional grant of authority to the president and the senate but arespecifically excluded when the same word is used in the constitutional limi-tations on the states. If this thesis is valid, "agreements" would requirethe same senatorial ratification as treaties and the "presidential agree-ments" made from time to time without the approval of the senate wouldhave no validity. The thesis is in need of further study and discussion.It has been regularly accepted that the treaty-making power, in theabsence of any detailed definition or limitation in the constitution, wasintended to extend to all subjects which are customarily dealt with intreaties. Labor conditions have in the twentieth century come to be sub-jects of this class. No treaty has thus far been held unconstitutional evenin cases where the stipulations were in conflict with state laws. Further-more, it seems to be well established that on subjects within the legislativecompetence of Congress, treaties are on a parity with Congressional stat-utes. It is generally agreed that the treaty-making power is limited by thespecific prohibitions found in the constitution. The author is certain thatit is limited also by the "due process" clause of the Fifth Amendment, inexactly the same way as is the power of Congress-a limitation of greatimportance in the field of labor legislation and possibly in the future in thefield of labor treaties.The author deals also with the possible procedure to be followed in theUnited States in connection with the conventions and recommendationsadopted by the International Labor Organization where, as may commonlybe expected to be the case, supplementary national or state legislation orcompacts are necessary after a treaty has been made. He has included achapter on Canada.St. Louis, Missouri. ARNoW J. Lim.tt Professor of Political Science, Washington University.19371https://openscholarship.wustl.edu/law_lawreview/vol22/iss4/5

Review of “Labor Treaties and Labor Compacts,” By Abraham Weinfeld

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Review of “Labor Treaties and Labor Compacts,” By Abraham Weinfeld

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