EDITORIAL DEPARTMENT HISTORY. " Haywood trial. The MoyerHaywood case," by C. P. Connolly, in Collier's (V. xxxix p. 21 and 23). A Continuation of the narrative referred to in our last number. HISTORY. In the July Harper's (Vol. cxv, p. 165) in an article by Robert Shackleton entitled, " Where King Edward is Still Duke of Normandy," is an entertaining account of life on the island of Guernsey, including its quaint judicial system. HISTORY. By far the best of Frederick Trevor Hill's " Decisive Battles of the Law" is published in the July Harper's (Vol. cxv, p. 244) on the case of Dred Scott v. Sanford. The author has investigated the original records of the earlier stages of this famous litigation which have hitherto been shrouded in mystery, and shows that its origin was not only of a humble but of a rather mer cenary nature and that it was only in the latter stages of the case that it was taken up by those interested in the anti-slavery cause and made a matter of national import ance. JURISPRUDENCE. " Custom and origin of Law," Editor, Madras Law Journal (V. xvii, p. 81). LEGISLATION. " The New Citizenship Law," by Gaillard Hunt, North American Review (V. clxxxv, p. 530.) MUNICIPAL CORPORATION (Validity of Ordinances). " Validity of Municipal Ordi nances Vesting Discretion in Public Officers or Departments," by Eugene McQuillin. Central Law Journal, (Vol. lxv, p. 2). A resumd of the cases under the firmly estab lished fundamental principle that municipal ordinances placing restrictions upon lawful conduct, or the lawful use of property, must, in order to be valid, specify the rules and conditions to be observed in such conduct or business, and must admit of the exercise of the privilege by all citizens alike who will comply with such rules and conditions, leaving no opportunity for arbitrary discri mination by officers or departments. PARTNERSHIP (See Voluntary Asso ciations). PUBLIC POLICY (Function of The Courts). ' Consideration of a German View of Americans
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as Law-Builders," by Fred Bracted in the June American Lawyer (V. xv, p. 261), starts from a consideration of Von Hoist's declaration that the Americans are prone to accept half-truths and " vague ideas for unimpeachable principles " and " sovereign laws." He finds enough truth in it to warn the new state of Oklahoma to take special care to safeguard its courts from suscepti bility to popular clamor and confine them to the duty of declaring what the law is, not what it ought to be, leaving amendments to the legislature. PUBLIC POLICY. " Sunday Baseball," an unsigned article in the July Law Notes (V. xi, p. 69), discussing the moral aspect of the question thinks the game should be permitted. Discussing the legal aspect it reviews the situation in Indiana, Ohio, Michi gan, Nebraska, Missouri, Illinois and New York. In some theory forbids it but in practice it is allowed, in others it is perfectly legal. New York has this confusing situa tion. "We have an obiter dictum by the Court of Appeals that Sunday baseball is illegal, but we have a positive declaration by the Supreme Court not yet overruled, that Sun day baseball is not illegal except when an admission fee is charged to witness the game, or when the public peace is unduly disturbed. This contrariety of views is largely respon sible for the fact that baseball is played on Sunday in some parts of the State and not in others. The magistrates before whom the cases of alleged violation of the law come for decision are at liberty to adopt either view, or to declare, as has been done in some cases, that the question is too unsettled to warrant them in rendering any decision what ever." SALES. "Is the Furnishing of Liquors to its Members by a Bona Fide Social Club a Sale?" by B. F. Watson, Central Law Journal (V. Ixiv. p. 482). An elaborate analysis of the con flicting decisions on the subject, concluding that the overwhelming weight of authority is that even a boni fide social club, in furnishing liquors to its members for a price, either for cash or on credit, is engaged in the sale of liquor.
