Review of Periodicals
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ence. "Well founded or ill founded," com states is also impracticable, when it is con ments Judge Baldwin, these rights "exist sidered how far New York, the Carolinas, and for us by reason of their recognition in our the District of Columbia are from the other constitutional documents. Man, in some states in determining the causes for which future state of society, may deny any right divorces are granted. To secure a uniformity of private property, but for Americans it of law with respect to procedure is apparently will continue in full force until they alter the only recourse. It may be difficult, but the Constitution of the United States." To it is not impossible, and it is to the credit of determine the extent of the "natural rights" the American Bar Association that a step has already been taken in this direction." protected by a republican form of govern ment, courts, suggests Judge Baldwin, have ^This paper was read last summer before "the right to look to the general principles the Maryland State Bar Association. which are common to our free institutions Monopolies. "How to Control the Trusts under republican governments," and thus bounds are set to the legislative power which with Justice to the People Without Destroy a state constitution may grant to a state ing Property." By William L. Royall. 69 legislature. Judge Baldwin, while quoting with approval the opinion of Justice Story Central Law Journal 238 (Oct. 1). in Wilkinson v. Leland (2 Peters 627), does "The injury done by the trusts is in giving not offer any observations of his own on the their goods away or selling them below cost actual scope of legislative power, if it is to to destroy a weaker rival. . . . be defined in accordance with such principles "The first thing to be done is to amend the Sherman law so as to restrict it to all unrea as these. Particular emphasis is put by Judge sonable restraints on trade and all agreements Baldwin, however, on the limitation placed that aim at doing a rival a wanton injury, and upon legislative power in view of the tripartite to provide appropriate penalties and approdivision of the functions of the state, the Sriate measures for enforcing the law. Then legislative function being limited by the tt Congress enact a statute as to interstate judicial and administrative functions. The trade making it unlawful for any person or combination of persons to give away goods maintenance of a republican form of govern ment, we are told, is to be looked for "to the or to sell them at or below cost, or so near President in his proper sphere of activity, thereto as to be in effect a sale at or below to the Congress in its proper sphere of activity, cost for the purpose or with the intention of to the Judiciary in its proper sphere of activ destroying a rival in interstate business or ity. . . . The Monroe doctrine applies. The driving him out of interstate business, or area of freedom must be preserved in its inflicting a wanton injury of any sort, and entirety." forcing fair and equal competition. Justice Baldwin goes no further than this "Let this statute have appropriate provi toward proving that a law can be declared sions for enforcing it. Then let each state unconstitutional merely because it offends pass an act to the same effect relating to the sense of social justice. That, in fact, was intra-state trade." far from being his object. His paper tends The author of this article, a lawyer of to show, however, that some approach to Richmond, Va., secured the permission that doctrine has been made by the United of the United States Supreme Court to States Supreme Court, in the manner already file a brief setting forth these arguments, indicated. He would perhaps admit that as amicus curiae, in the so-called tobacco trust this tendency has not yet resulted in the cases. formulation of concrete rules of much prac Mutuality. "Mutuality of Obligation and tical utility to guide the judiciary in working Remedy as a Requisite to Equitable Relief, out the above policy. Liquor Problem. "Local Option and After." with Special Reference to Oil and Gas Leases." By Russell E. Macnaughten. North American By H. C. McClintock. 58 University of Pennsylvania Law Review 16 (Oct.). Review, v. 190, p. 628 (Nov.). "The Supreme Court of Illinois has recently "The true solution of the temperance ques tion lies in local option combined with a decided in the case of Ulrey v. Keith (86 N. E. Rep. 69.6) that a court of equity will not licensing system of disinterested manage ment; and in no case should the unit of one afford protection to a lessee under a so-called 'oil and gas lease,' where the lessee, by the licensed house for every thousand of the popu terms of the instrument, is given the right to lation be exceeded." terminate the lease at any time. . . . This is Marriage and Divorce. "The Law and refused for 'lack of mutuality in remedy.' . . . Procedure in Divorce." By Hon. Henry B. "The Supreme Court of the state where the question has first been presented has, it Brown, ex-Justice of the United States Su is submitted, decided the case wrongly, under preme Court. 13 Law Notes 128 (Oct.). a misapprehension both of the true purpose "What then is the remedy for this deplor of the rule, and the applicability of the able state of affairs? Resort to the federal precedents by which they considered them courts is impossible without an amendment selves bound." to the Constitution, which is equally impos Penology. "Beating Men to Make Them sible. A concerted action on the part of the
