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THE GREEN BAG
psycho-sexual states of postal patrons, as a means of restraining their sexual activities. But this is an end, the accomplishment of which is not entrusted to the Congress of the United States. Confessedly then, we have here a case where Congress, under the pretext of executing its powers, to establish postoffices and post-roads has passed a law for the accomplishment of objects not entrusted to the United States government, and this is exactly what Chief Justice Marshall said could not become the law of the land." CONSTITUTIONAL LAW (Power to License Sale of Liquor). The decision of Judge Samuel R. Artman of Indiana, that it is unconstitu tional to license the sale of intoxicating liquor, is adversely criticised in two articles in the Central Law Journal (V. lxv): " Is the Licens ing of Dramshop Keepers Unconstitutional?" by D. C. Allen (p. 138), and " Young v. Soltau — A Criticism of Judge Artman's Decision," by H. V. Olliphant (p. 141). CONSTITUTIONAL LAW (Corporations in Federal Courts). The following suggestion for dealing with trusts is made by R. M. Benjamin in an article entitled " Corporate Citizenship a Legal Fiction," in the Central Law Journal (V. lxv, p. 157). "If Congress can (as it now does) constitu tionally withhold from the natural citizen of the state, the aid of the federal courts in enforcing his claims against citizens and cor porations of the other states, unless ' the matter in dispute exceeds, exchisive of inter est and costs, the sum or value of two thou sand dollars,' why may not Congress constitionally withhold from corporate judge-made citizens of the state, the aid of the Federal Courts in enforcing their claims against citi zens and corporations of the other states unless they comply with such requirements and restrictions as to publicity and aggrega tions of corporate wealth as may be prescribed by federal law?" CORPORATIONS (See Constitutional Law). CRIMINAL LAW. " Accomplice," by S. N., Ray, Bombay Law Reporter (V. ix, p. 209). CRIMINAL LAW (Trial of the Insane). "The Trial of the Insane for Crime," by James Hendric Lloyd. Reprinted from American Journal of Insanity (V. lxiv, p. 35). A short history of " the very gradual growth of the ' right of an insane man, on trial for his life in an English court, to be represented by counsel,
and even to have his witnesses called and sworn." CRIMINAL LAW. An account of the prac tice of Judge Cleland of the Municipal Court of Chicago which has attracted much atten tion appears in the September Reader (V. x, p. 387) entitled "The N'ew Justice," by Jean Cowgill. Judge Cleland has attempted an ex tension of the probation system for minor offenders by interesting the responsible citi zens of his district in looking out for convicts released on parol. CRIMINAL LAW. " Making a New Start," by Bailey Millard in the Saturday Evening Post of August 17 (V. clxxx, p. 12), discusses the difficulties encountered by a discharged convict in obtaining business opportunities. CRIMINAL LAW. Thomas Speed Mosby, pardon attorney for the governor of Missouri, writes in the September Arena (V. xxxviii, p. 259) on " The Anomaly of Capital Punish ment." This is a brief summary of the prin cipal arguments against it. EQUITY. A Treatise on Suits in Chancery, Second Edition, by Henry R. Gibson, GautOgden Co., Knoxville, Tennessee, 1907. This is a book on Tennessee Equity Practice. EVIDENCE (Trustworthiness of Sight). An interesting article in Law Notes (V. xi, p. 106) on " Light and Sight," by Charles C. Moore, cited number of cases in which atmo spheric conditions have been considered in weighing the value of testimony of eye wit nesses as to what they saw. HISTORY. " Select Essays in AngloAmerican Legal History," by various authors, — Little, Brown & Company, Boston, 1907. Three volumes, price Si 2, net. This important scries, compiled and edited by a committee of the Association of American Law Schools, consisting of Professors Freund, Mikell and Wigmore, comprises essays, most of which have been previously published, relating to the history of the common law. Its purpose is to collect in convenient scope valuable materials now widely scattered, which may some day furnish a basis for a complete history of English law. The first volume, now ready, is entitled " General Surveys," and contains twenty-one articles of varying length, covering the general history of common law from the earliest times to its
