i6o
THE GREEN BAG
the terms upon which foreign insurance com morals include politics. In short, the jury is a political power. ' panies may do business there." "There are, perhaps, other objections to The author contends that there is no sub stantial difference between using the post- allowing the judge to withdraw from the jury office agency and using a special insurance the question whether given acts tend to public solicitor, and that such business should be mischief or not. "It is obvious that if a judge may decide declared fraudulent and prohibited from the mails when the companies are not authorized this question entirely 'off his own bat' there is no need at all for any positive criminal law. to do business in a particular state. CRIMINAL LAW (Literature). " Some Curi For crime is wrong-doing from the public ous Criminal Cases," Anon., American Law point of view (as distinguished from the pri vate). It is impossible to conceive any of the yer (V. xiv, p. 17). CRIMINAL LAW( Practice) . An interesting familiar offences in this country which an criminal case of international significance is average respectable and educated man would criticised by Herman Cohen in an article not declare of evil example and a public mis entitled " The False Passports Case " in the chief. The inquiry would then be purely January Law Quarterly Review (V. xxii, p. moral — expressly and nominally so, instead 34). In this case Englishmen fraudulently of as now implicitly and only ultimately so. took out a passport which was used by a There may be something to be said for this different party. They were indicted under an system, but it is not our system. The com ingenious indictment alleging that the fraud mon law means the morals of the people at on the foreign office tended to the public mis any given time; the judges interpret it, not chief and the endangerment of peaceful rela because they are lawyers, but because they tions between England and Russia. While are members of the people, born and bred the author admits that their conviction was among them, and therefore sharing the probably justified under the English law of mind of the people. Hence they are as well conspiracy, he criticises the method adopted, fitted as any one else to pronounce on new calling especial attention to the doctrine laid cases or new offences — i.e. not covered by pre down that it was a question for the court and cedents — when they arise. But a difficulty not for the jury, whether such conduct did has always been felt about new offences, as in tend to the public mischief, and that it was the present case." The author insists that the Court should not an issue of fact upon which evidence could limit itself to merely expressing his opinion be given. The author finds a clear analogy in the com to the jury of the tendency of the acts or pub mon law relating to libel. Under the early lications alleged. CRIMINAL LAW (Procedure). " Commis common law there came to be a rule that the judges decided whether in a criminal case a sions in Criminal Cases," by K. S. Venketramier, publication was or was not a libel. This was Criminal Law Journal of India (V. ii, p. 216). CRIMINAL LAW (see Practice, Procedure). finally overthrown by a statute which pur ported to be declaratory of the common DIVORCE. A paper read before the law. Nebraska State Bar Association by George The author argues from this, that this must Elliott Howard on " The Problem of Uniform be regarded as a fundamental principle of Divorce Law in the United States " is printed criminal law, and that it is a serious public in the January American Lawyer (V. xiv, matter to allow a judge to withdraw such p. 15). He submits that the theory that the questions from the jury. increase in divorce in this country is due to "The people of this country, as legislators, lack of uniformity of legislation is greatly ex have always reserved to themselves, as juries, aggerated by popular opinion. In Europe the the right of impressing their view — the divorce rate is rising while the marriage rate is popular view — on their verdicts. The com falling. The same is doubtless true in the mon law of this country expresses the politics United States, though there are few statistics of the people as well as their morals. Indeed, available. The author believes that "a de
