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THE GREEN BAG
is that the members of the court have no con trol over the findings of its members sitting as single justices, even as to rulings on points of law. It is, however, entitled to inquire into the regularity of procedure in inferior courts. It investigates with scrupulous care regularity in procedure, but if the forms have been com plied with it can take no cognizance of the most monstrous injustices. He also finds that the exercise of its functions in respect to procedure are largely beneficial. PROPERTY (Domestic Relations). " The Community Property Law of Washington and Non-Residents," by George Ladd Munn, American Lawyer (V. xiii, p. 520). SALES. " C. O. D. Sales of Intoxicating 'Liquors," by B. R. Webb, American Lawyer (V. xiii, p. 515). TORTS (Domestic Relations). " Action by Married Woman for Alienation of her Hus band's Affections," by H. N. E., Law Notes (V. ix, p. 186). TORTS (see Agency, Negligence). WILLS. The Scotch cases on " The Exer cise of Powers of Appointment," are collected and analyzed by J. Hossell Henderson in the December Juridical Review (V. xvii, p. 371). WITNESSES. " The Privilege of Witnesses," by John A. Inglis, in the December Juridical Review (V. xvii, p. 340), is a criticism of a recent decision of the House of Lords which refused to extend the privilege of a patient
as to confidential communications to a phy sician to testimony at a precognition, which seems to be a sort of preliminary hearing in Scotch practice. WITNESSES (Self-Crimination). In the January Yale Law Journal (V. xv, p. 127), Henry T. Terry advocates the abolition of "Constitutional Provisions Against Forcing Self-Incrimination." He argues that this was a development of a time when punishments were particularly severe and ignorance of de fendants was greater than now. The dangers which it was supposed to defend, however, are shown by experience to no longer exist, for under the statutes permitting defendants to testify, innocent persons usually avail them selves of it and seldom suffer in consequence. The protection is availed of by the guilty to obstruct the process of justice. His most important reason is that crimes most prevalent and injurious to the commun ity now are of a fraudulent and secret nature such as conspiracies and combinations. These are easy to cover up and at present are not punished, largely owing to the impossibility of compelling testimony. He emphasizes the importance of developing the means of pun ishing those offences because of the effect on the morals of the community of failure to enforce the laws in such cases. WITNESSES (see Evidence).
