599
Index to Periodicals Population. See Economics. Procedure. “The Burden of Proof where Mental Incapacity is Pleaded." By Oscar W. Hoberg. 44 American Law Review 538 (July Aug).
The true conception is that the onus pro~ bandi is on the a gressor and not on the party who first on the ace of the leadings expressly suggests incapacity, acco 'ng to this author, who appends some observations on the charge in the Guiteau case. “Directing Verdicts." By M. J. Fulton. 16 Virginia Law Register 241 (Aug.). Dealing with the law and practice in Virginia. "Amendments to the New York Code of Civil Procedure in 1910." 22 Bench and Bar
the rates on the Southern Pacific excessive,
and he regards the case of the Southern Pacific as typical, in some degree,
of
all
American railways. Real Property. "Examination of Titles to Land." By Edward W. Faith. 71 Central Law journal 93 (Aug. 12). A practical and hel ful statement of leading principles which ould govern the ex amination of titles. Waterways. See Conservation of Natural Resources. Workman’: Compensation. See Em— ployer‘s Liability.
Miscellaneous Articles of Interest lo llle Legal Profession
55 (Aug).
“Civil Judicial Statistics, 1908." Magazine and Review 448 (Aug).
35 Law
Public Policy. “Some Late Workings of the Doctrine of Public Policy." By W. Irvine Cross. 44 American Law Review 551 (July Aug). The writer voices the old-fashioned theory that courts of law do not legislate, conse quently the doctrine of public policy assumes an ob)ectionable aspect in his eyes, and he attacks it as tending to undermine respect for the law. Railways. "Physical Valuation of Rail roads." By Henry Edwin Tremain. Edi toriol Review, v. 3, p. 758 (Aug).
Biography. “Goldwin Smith." By W. D. Gregory. Outlook, v. 95, p. 950 (Aug. 27). 00st of Living. "The Real Reason for High Prices." By Samuel Hopkins Adams. Cosmopolitan, v. 49, p. 460 (Sept.). Attributing the high cost of living mainly to overcapitalization. Fiction. “Law and Order." By 0. Henry. Everybady's, v. 23, p. 299 (Sept.). It is unnecessary to recommend an hing written by the late Sydney Porter. e has here written a story of Texas frontier justice in his usual vigorous and dramatic manner. Party Politics. "The Race to the White House." By Ira E. Bennett. NorthAmeri can Review, v. 192, p. 326 (Sept.).
This writer fails to see how, until Congress
shall declare a fundamental principle that shall underlie the complete inqui, the phy sical valuation of interstate pubic utilities, or the certification of security issues, can be
of practical value to the public, though the latter may be of value to investors. Bate Regulation. "The Railroad Fight for Life." By C. M. Keys. World's Work, v. 20,
p. 13419 (Sept.). Discussing the problem of freight rates The writer's s pathies seem to be more with the shippers t an with the railways. “Ought the Railroads to Advance Rates?" By Samuel 0. Dunn. American Review of Reviews, v. 42, p. 338 (Sept.). The gist of this article is that the railroads are prosperous, but investors are demanding more than they did ten years ago, and in view of the necessity o financing costl improvements rates may have to be advance . “The Railroad Machine as it Works Now.” By Charles Edward Russell. Hampton's, v. 25, p. 364 (Sept.). Mr. Russell aims to show what has made
The writer thinks that Mr. Taft will be
renominated in 1912.
He has successfully
weathered the usual storm and stress of the
President’s first ear. The "conservatives" will doubtless tnumph over the Insurgents. "Two Revolts against Oligarchy: The Insurgent Movements of the Fifties and of Today." By Amos Pinchot. McClure's, v. 35, p. 581 (Sept.). The Whig downfall of fift years a o is considered a. warning to t e Repub ‘can party of today, confronted as it is by the crisis arising from the “eternal and irrepres sible conflict between the people and the great industrial interests for control of government." "Governor Hughes and the Albany Gang." By Burton J. Hendrick. McClure's, v. 35,
p. 495 (Sept.). The author admits that S aker James W. Wadsworth is clean, but e attacks the Republican organization as exerting a per nicrous power in state politics, and uses the Allds incident as a text for unjust misrepre sentation of the motives of some Republican leaders.
