cial powers of the commonwealth without violating that clause. Therefore the legislature may, if there is no express constitutional restriction, vest in local tribunals or officers, like the mayor, jurisdiction over cases arising under the laws of the commonwealth, that is, even vest in them jurisdiction over crimes. In such case the legislature makes use of the local officers or institutions as direct agencies of the commonwealth.* When such tribunals are by constitutional or statutory provisions vested with such limited civil or criminal jurisdiction over offences against the commonwealth laws, their actions in regard to such jurisdiction become judicial in the most limited sense of that term, and are not merely administrative. Therefore prosecutions in such courts for violations of the criminal laws of the commonwealth should be carried on in the name of the government, but there is no propriety in requiring that the commonwealth should be a party to every petty prosecution under the police regulations of a municipal corporation.2 The question whether a municipal court is acting as an administrative or judicial tribunal may become of great importance. Where the legislature or the municipality itself undertakes to confer on municipal courts summary jurisdiction of criminal offences, and the constitution provides that no freeman shall be put to answer a criminal charge but by indictment, nor be convicted of any crime but by the verdict of a jury of good and lawful men, such acts are void.3 Where a constitution requires presentment and indictment, and a statute dispenses with the necessity of these, the statute is void, and the trial in a city court under such statute is coram non judice and cannot form a bar to a subsequent indictment for the same cause.4 There can be no summary conviction under an ordi

1 Ex parte Slattery, 3 Ark. 485; Rector vs. State, 6 Ark. 187.

2 Davenport vs. Bird, 34 Iowa, 524.

State vs. Moss, 2 Jones (N. C.) 66.

4 Rector vs. State, 6 Ark. 187.

nance for that which is a criminal offence by the general laws of the commonwealth.'

The provision of the United States Constitution, that "trials of all crimes except in cases of impeachment shall be by jury," is to be construed in the light of the principles which at common law determined whether or not a person accused of a crime was entitled to be tried by a jury. But the violation of municipal ordinances concerning local affairs in respect to matters non-criminal in their nature, may be proceeded against in a summary manner. Offences against ordinances proper made in virtue of the implied or incidental powers of corporations, or in the exercise of their legitimate police authority for the preservation of the peace, good order, safety, and health, and which relate to minor acts and matters not embraced in the public criminal statutes of the commonwealth, are not usually or properly regarded as criminal,3 and hence need not necessarily be prosecuted by indictment or tried by a jury.

In view of the recent reform movements in municipal government, it may be said that although a concentration of the powers of municipal government in the same hands is not a violation of the principle of the separation of governmental powers, it may be a violation of common sense. Much might be gained, if the powers of local self-government bestowed upon municipalities were distributed among the principal municipal departments, in a manner similar to that in which powers are distributed in the central government.5

People vs. Slaughter, 2 Douglass (Mich.) 334.

2 Callan vs. Wilson, 127 U. S. 540.

Ex parte Hollwedell, 74 Mo. 395.

+ Williamson vs. Augusta, 4 Ga. 509; Byers vs. Commonwealth, 42 Pa. St. 89, 94. See Dillon on Municip. Corp., Sec. 427 et. seq.

5 See "An American View of Municipal Government in the United States," by Seth Low. Bryce's Am. Com., chap. 52.

NOTE. On p. 140, supra, the case of People vs. Angle, 109 N. Y., 564, is cited, to the effect that the civil service law of New York could not apply to the Department of Public Works for the reason that, by the Constitution then in force, the power of appointment vested in the head of that department was exclusive, and not subject to restriction by act of the legislature. In the case of People vs, Roberts, decided by the Court of Appeals February 18, 1896, 148 N. Y., 360, it has been held that under the new Constitution of New York, which went into effect January 1, 1895, appointments by the Superintendent of Public Works are subject to the civil service law. The case of People vs. Angle is, therefore, no longer law.

COLUMBIA COLLEGE

University Faculty of Political Science.

Seth Low, LL. D., President. J. W. Burgess, LL. D., Professor of Constitutional History and Law. Richmond Mayo-Smith, Ph.D., Professor of Political Economy. Munroe Smith, J.U.D., Professor of Comparative Jurisprudence. F. J. Goodnow, LL.D., Professor of Administrative Law. E. R. A. Seligman, Ph.D., Professor of Political Economy and Finance. H. L. Osgood, Ph.D., (Adj.) Professor of History. Wm. A. Dunning, Ph.D., (Adj) Professor of History. J. B. Moore, A.M., Professor of International Law. F. H. Giddings, A.M., Professor of Sociology. John B. Clark, Ph.D., Professor of Political Economy. J. H. Robinson, Ph.D., Professor of History. Edmund Kelly, A. M., Lecturer on New York History. F. A. Bancroft, Ph.D., Lecturer on American History. W. Z Ripley, Ph.D., Lecturer on Anthropology. G. L. Beer, A.M., Lecturer on European History. H. A. Cushing, A.M., Lecturer on European History. A. M. Day, A.M., Assistant in Economics.

COURSES OF LECTURES.

1. HISTORY.-[1] Roman History; [2] Outlines of Medieval History; [3] Outlines of Modern History: [4] European History since 1815; [5] English History [6] American History; [7] The Middle Ages; [8] The XVI Century to the Peace of Augsburg; [9] Europe from Augsburg to Westphalia: [10] The Period of Louis XIV; [11] Europe and the French Revolution; [12] Europe and Napoleon: [13] The Development of Prussia; [14] History of England; [15] Constitutional History of the United States; [16] History of the American Colonies; [17] History of the United States since 1861; [18] History of New York State; [19] State and National Politics, 1848-1861; [20] Develop. ment of the French Monarchy; [21] Historical and Political Geography; [22] Early and Mediaeval Church History; [23] Modern Church History; [24] Sources of Continental History; [25] Seminarium in European History; [26] Seminarium in American History.

II. ECONOMICS AND SOCIAL SCIENCE. [1]Elements of Political Economy; [2] Economic History; [3] Historical and Practical Political Economy; [4] Science of Finance; [5] Communism and Secialism; [6] Practical Statistics; [7] Science of Statistics: [8] History of Economic Theories; [9] Financial History of the United States; [10] Tariff History of the United States; [11] Railroad Problems: [12] Static Theory of Distribution; [13] Dynamic Theory of Distribution; [14] Sociology; [15] Crime and Penology; [16] The Family: [17] Pauperism; [18] Ethnology: [19] Anthropology; [20] Seminarium in Political Economy; [21] Seminarium in Science of Finance; [22] Seminarium in Social Science; [23] Seminarium in Statistics.

III. CONSTITUTIONAL AND ADMINISTRATIVE LAW.-[1] Comparative Constitutional Law of Europe and the United States; [2] Comparative Constitutional Law of the Commonwealths of the United States; [3] Administrative Law: [4] Law of Taxation; [5] Municipal Corporations; [6] Comparative Administration of New York, London, and Paris; [7] Seminarium in Constitutional Law; [8] Seminarium in Administratium.

IV. DIPLOMACY AND INTERNATIONAL LAW. [1] History of European Diplomacy; [2] History of American Diplomacy; [3] Principles of International Law; [4] Criminal Law and Extradition; [5] Seminarium in International Law.

V. ROMAN LAW AND COMPARATIVE JURISPRUDENCE.-[1] History and Institutes of Roman Law; [2] Roman Law, Cases from the Digest; [3] History of European Law: [4] Comparative Jurisprudence: General Principles; [5] Comparative Jurisprudence: Special Relations; [6] International Private Law; [7] Seminarium in Legal History; [8] Seminarium in Comparative Legislation.

VI. POLITICAL PHILOSOPHY.-[1] History of Political Theories, ancient and mediaval; [2] History of Political Theories, modern; [3] History of American Politrcal Philosophy; [4] Seminarium in Political Theories of the XIXth Century.

The course of study covers three years, at the end of which the degree of Ph D. may be taken. Any person not a candidate for a degree may attend any of the courses at any time by payment of a proportional fee. Twenty-four fellowships of $500 each, and thirty scholarships of $150 each are awarded to advanced students. Several prizes of from $50 to $150 are awarded annually. Three prize lectureships of $500 each for three years are open to competition of graduates. The library contains over 200,000 volumes. For further information address REGISTRAR.