Note 77 — INTRODUCTION

See: Oliver Wendell Holmes, Collected Legal Papers, 239, 295-296 (1920); Merlo J. Pusey, Charles Evans Hughes, I, 203-206 (1951). Burns Baking Co. v. Bryan, 204 U.S. 504, 534 (1924); Baldwin v. Missouri, 281 U.S. 586, 595 (1930); American Political Science Review, xii, 241 (1918); New York Times, February 12, 1930. It was also during the same period that Judge Andrew A. Bruce of North Dakota wrote: "We are governed by our judges and not by our legislatures.... It is our judges who formulate our public policies and our basic law". The American Judge, 6, 8 (1924). Substantially contemporaneously a well read French critic described our system as Le Gouvernment des Juges (1921); while toward the end of the period Louis B. Boudin published his well known Government by Judiciary (2 vols., 1932).