KALLENBACH, JOSEPH E. Federal Coöp eration with the States under the Com merce Clause. Pp. viii, 428. Ann Ar bor: University of Michigan Press, 1942. $4.00

• Published date: 01 November 1942
• Date: 01 November 1942
• DOI: 10.1177/000271624222400157
• Subject Matter: Articles

217

Supreme

Court

in

regard

to

regulatory

leg-

islation

in

the

coal

industry,

the

author

observes

that,

in

the

four

years

separating

the

Carter

case

from

the

Sunshine

Anthra-

cite

case,

the

Court

has,

with

&dquo;new

or

modi-

fied

views

on

matters

relating

to

Federal

control

of

the

economic

activities

under

the

commerce

power,&dquo;

made

it

possible

for

the

Bituminous

Coal

Division

&dquo;to

proceed

with

the

administration

of

the

Bituminous

Coal

Act

of

1937

with

the

knowledge

that

it

was

administering

a

valid

law.&dquo;

The

study

is

concluded

with

the

observa-

tion

that

&dquo;if

the

act

has

not

met

with

the

success

that

its

sponsors

originally

hoped,

only

part

of the

fault

may

be

placed

upon

the

doorstep

of

the

administrators.

It

is

true

that

errors

in

judgment

were

made

by

the

Commission

and

that

both

the

Commis-

sion

and

the

Division

spent

months

in

re-

establishing

the

prices

in

a

manner

which

would

meet

the

procedural

requirements

of

due

process.

The

difficulty

is

inherent

in

regulating

any

industry

as

complex

and

far-

flung

as

that

of

the

bituminous

coal

indus-

try.&dquo;

Furthermore,

Dr.

Baker

states

that

&dquo;the

administrative

difficulties

should

not

be used

as

an

argument

against

the

com-

mission

method

of

regulation.&dquo;

There

are

some

excellent

charts

relating

to

the

organization

of

the

Coal

Commis-

sion

and

the

Coal

Division.

The

appendix,

also,

contains

concise

professional

informa-

tion

about

individuals

who

have

held

posi-

tions

in

National

Bituminous

Coal

Commis-

sion,

the

Coal

Division,

and

Consumers’

Counsel.

MARY

EFFIE

CAMERON

Elmira

College

LEISERSON,

AVERY.

Administrative

Regu-

lation :

A

Study

in

the

Representation

of

Interests.

Pp.

xiii,

292.

Chicago :

Uni-

versity

of

Chicago

Press,

1942.

$3.00.

The

subtitle

of

this

book

describes

it

better

than

the

title.

The

author,

after

a

chapter

on

group

interests

as

sources

of

public

policy,

discusses

the

representation

of

interests

in

administrative

procedure,

on

boards,

and

on

advisory

committees.

There

are

two

chapters

on

the

administrative

functions

of

interest

groups,

a

chapter

on

legal

aspects,

and

a

concluding

chapter

on

the

political

theory

involved.

The

book

grew

out

of

a

year’s

field

in-

vestigation

in

1937-38

under

a

grant

by

the

Social

Science

Research

Council.

Most

of

the

materials

cited,

and

upon

which

the

author

relies

for

his

conclusions,

are

dated

in

the

middle

thirties.

Most

of

them,

moreover,

are

Federal;

and

this

fact

some-

times

leads

Dr.

Leiserson

to

make

broad

statements

which

are

true

of

the

national

but

not

of

state

or

local

governments;

for

example,

&dquo;Legislation,

whether

because

of

the

doctrine

of

separation

of

powers

or

other

reasons

of

policy,

rarely

limits

too

rigidly

the

appointing

executive’s

discre-

tion&dquo;

(p.

101).

This

book

is

a

good

summary

of the

problems

and

practices

of

group

representa-

tion.

Very

little

attention,

however,

is

given

to

the

effect

of

party

politics

on

the

selection

by

the executive

of

the

group

representatives

in

the

administrative

proc-

esses,

and

still

less

attention

to

the

politics

within

groups

that

either

makes

men

avail-

able

for

appointment

or

results

in

their

election

by

the

group,

whichever

is

the

legal

requirement.

How

interests

choose

their

representatives,

or

have

them

chosen,

is

an

important

part

of

the

story.

DAYTON

D.

McKEAN

Dartmouth

College

KALLENBACH,

JOSEPH

E.

Federal

Coöp-

eration

with

the

States

under

the

Com-

merce

Clause.

Pp.

viii,

428.

Ann

Ar-

bor:

University

of

Michigan

Press,

1942.

$4.00.

Dr.

Kallenbach,

in

his

carefully

though

not

trenchantly

written

volume,

has

given

us

an

exhaustive

study

of the

constitutional

interworkings

of

Federal

and

state

power

over

commerce.

He

discusses

regulation

of

commerce

by

divestment

of

Federal

power

through

congressional

act,

going

carefully

through

the

judicial

mazes

(and

more

rap-

idly

through

the

legislative

history)

of

the

Wilson

Act.

The

latter,

which

is

generally

spoken

of

as

removing

the

protection

of

interstate

commerce

from

the

sale

of

in-

toxicating

liquor,

was,

Kallenbach

points

out,

really

a

definition

of

the

point

at

which

intoxicating

liquors

became

subject

to

state

jurisdiction.

A

similar

formula

has

been

applied

to

game,

oleomargarine,

and

more

recently

to

prison-made

goods.

Judicial

re-

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