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The Green Bag

Sherman Act. See Monopolies. Social Science. "Social Psychology." Edin burgh Review, no. 428, p. 500 (Apr.). "Pure Benthamism has failed practically, and we now see that its theoretical basis was too limited and misleading for the wide deduc tions made from it. Shall we, with our ad vancing scientific knowledge and better under standing of the effects of heredity, environ ment, and evolutionary process, be able to replace it by some other wide theory which will form a valid basis for political reasoning? Probably not for some time to come." "Socialism a Philosophy of Failure." By Prof. J. Laurence Laughlin. Scribner's, v. 45, p. 613 (May). "Socialism is the outcome of a state of mind, rather than of a logical system of thought. . . . While idealism is an essen tial incentive to progress—and Americans are pre-eminently idealists—its path to definite results must lie in some direction other than socialism." Status. "The War Amendments." By Albert E. Pillsbury. 189 North American Re view 740 (May). Replying to the article by M. F. Morris, formerly Associate Justice of the Court of Appeals of the District of Columbia, in the January number of the same review, wherein ustice Morris argued that the Fifteenth Amendment had been "the source and cause of untold calamity to our country," and not only that, but is really not a part of the organic law of the land. For it is not an amendment, but an addition to the Constitu tion, said this writer, and an addition requires the unanimous consent of the states, while an amendment has to be voted for merely by a majority of three-fourths of the states. Mr. Pillsbury's answer to this argument is simple and effectual:— "What is 'amendment?' The standard dic tionaries appear to be agreed in defining it, in legal terminology, as a change or alteration, by way either of correction, excision or addi tion. There is every reason to believe that this has been the universally accepted mean ing of that term, until it occurred to an ingenious mind that the Fifteenth Amend ment is not an 'amendment' because it is an 'addition' to the Constitution. . . . "The dream of annulling the Fifteenth Amendment by judicial decree will never be realized, but the political question will be a source of danger so long as it is left unsettled." Hindu Law. "Law of Succession and Adop tion Among Free Women under Hindu Law." By J. A. Saldanha. 11 Bombay Law Re porter 53 (Mar. 31). "Under the Hindu system of law, as among most other legal systems, women fall under two divisions, subject and free. The normal position of a Hindu woman is of subjection. 'Day and night must women be held by their

protectors in a state of dependence,' lays down Manu. In childhood they live under guardianship and are protected by their lathers, after marriage by their husbands, in their old age by their sons and in the absence of them (*. e., father, husband and sons) by their agnatic kinsmen. When the husband's family is extinct or destitute, they live under the guardianship of their father's family (Ghose's Hindu Law, 2d edition, p. 290). Such is the ideal position of a female laid down by the Shastras. Outside this class, there are women pursuing various professions of singing, dancing, temple or domestic ser vice, without the usual parental or marital restraints. This class of women I take the liberty of calling free women for want of a better name. They include Naikins and other similar communities." Status. See Aliens, Conflict of Laws. Stock Speculation. — " How to Stop Gambling in Stocks: The Legal Remedy. ' By Gilbert Ray Hawes. Moody's Magazine, v. 7, p. 373 (May). "Various schemes such as publicity, regis tration, and taxation have been tried, but without avail. To get at the root of the mat ter, we must break up the criminal partner ship between the banks and Wall Street and compel each to return to its legitimate busi ness. Repeal this law of 1882 permitting the banks to charge usurious rates of interest on 'call loans,' and increase the penalties for overcertification by the banks and the gambler in Wall Street will find his occupation gone. . . . "The bankers will no longer make 'call loans' on stock collateral; the brokers will be deprived of their usual accommodation; the banks will be compelled to return to their legitimate business, and shares of stock bought on any of the exchanges will not be 'washed' or put through a 'clearing house,' but certi ficates will have to be delivered in each in stance, and thus gambling on 'margins' will be reduced to a minimum, if not completely abolished." Subject- Matter. "Subject-Matter." By Hugh Evander Willis. 9 Columbia Law Re view 419 (May). "In positive law 'subject-matter' is the term used to denote the content—that is, the subjects or matters presented for considera tion—of either the whole of the law or by some particular part of it, and these are always legal rights. . . . "The subject-matter of torts is, in general, private rights in rem, invaded by wrongs. . . . The subject-matter of crimes is public rights in rem invaded by wrongs. . . . The subjectmatter of contracts is private legal rights in personam created by agreement; of quasicontracts, private legal rights in personam created by implication of law. . . . The subject-matter of damages is the remedial rights in personam to compensatory, exem plary and nominal damages for torts, and to compensatory damages for breaches of con tract, and in quasi-contract."