EDITORIAL DEPARTMENT The United States Supreme Court has not yet been called on to determine this question; conflicting decisions have been made by three state courts. Mr. Coutts argues with force, that, in the language of the Oregon court, " the initiative and referendum amendment does not abolish or destroy the republican form of government, or substitute another in its place. The representative character of the govern ment still remains. The people have simply reserved to themselves a larger share of legis lative power, but they have not overthrown the republican form of government, or sub stituted another in its place. The govern ment is still divided into legislative, executive, and judicial departments, the duties of which are discharged by representatives selected by the people." "By a ' republican form of government ' the framers of the Constitution meant a gov ernment with such forms as would insure a correct expression of the will of the people in the laws of the land; and as Hamilton de clared, the guaranty of a ' republican ' form could only operate against changes to be affected by violence." CONSTITUTIONAL LAW (Taxing Power). "May Congress Levy Money Exactions, Des ignated ' Taxes,' Solely for the Purpose of Destruction? " by John Barber Waite, Michi gan Law Review (V. vi, p. 277). Arguing for a negative answer to the question propounded. CONVEYANCING (England). "The Land Transfer Acts," by Charles Sweet, The Law Quarterly Review (V. xxiv, p. .26). A discus sion of the present unsatisfactory state of English real property law, proposing the fol lowing plan : "The first thing to simplify the law of real property by abolishing the antiquated and inconvenient doctrines of tenure, seisin and uses. The next thing is to make the law of real property as similar as possible to that of personal property by abolishing all legal estates except two — absolute ownership and terms of years — and making all other estates and interests take effect in equity only. The third requisite is to provide a simple method of conveyance, applicable to all cases with out exception, and thus make it impossible for an owner of land to complicate the title to it."
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An abstract of an Act of Parliament that would secure these results is submitted. CRIMINOLOGY. "The Treatment of Criminals, "by Charles J. Guthrie, The Juri dical Review (V. xix, p. 333). A plea for a system of sentences and of prison manage ment with more emphasis on the reformation of the criminal. CRIMINAL LAW. " The Right of Private Defence Under the Indian Criminal Law," by "J. P.," Madras Law Times (V. iii, p. i). EDUCATION. "The Study of Law in India," by N. G. Chandavarkar, Criminal Law Journal of India'(V. vi, p. 129). EQUITY (Uses and Trusts). "The Origin of Uses and Trusts," by James Barr Ames, Harvard Law Reinew (V. xxi, p. 261). Writ ten with Dean Ames' customary learning, this article maintains, contrary to the con tention of Mr. Holme's essay on " Early Eng lish Equity," that the doctrine of uses was the creation of the subpoena, and the embodiment of an ethical standard superior to that of the common law. The second part of the article, describing the origin of trusts, is reprinted from the GREEN BAG (V. iv, p. 81). EVIDENCE. " The ' Shop-Book ' Rule," Anon. Bench and Bar (V. xii, p. 14). HAGUE CONFERENCE (Summaries and Comments). " The Hague Conference of 1907," by T. E. Holland. The Law Quarterly Review (V. xxiv, p. 76), of the several papers on the Hague Conference appearing in the recent law magazines this one has the most available summary for this department. "The total achievements of the conference, positive and negative, and they are not incon siderable, may perhaps be provisionally sum marized as follows: "I. Certain proposals, long and persistently urged, have been with more or less finality, respectfully relegated to Clondcuckootown : viz. those for general compulsory arbitration, for proportional disarmament, for the exemp tion from capture of enemy private property at sea. "II. A similar fate may be said to have befallen the startling proposal of Great Britain for the abolition of the doctrine of contraband, put forward, as it was, in a form which seemed to cut down the right of visit to the ascertain
