The Green Bag
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has a facility for legislative expression should indeed lmake haste slowly.‘" See International Peace. Comparative Jurisprudence. See Moham medan Law, Workman's Compensation. Conspiracy. See Monopolies. Contracts. "Reeve v. Jennings." By A. E. Randall. 27 Law Quarterly Review 80 (Jan.). Criticizing the decision of the Divisional Court (1910, 2 K. B. 522, 79 L. J. B. 1137) to the effect that a contract not performed within one year is within the Statute of Frauds, even
though capable of being executed within the year. Corporations. "Legal Personality." By Prof. W. M. Geldart. 27 Law Quarterly Review 90 (Jan.). Be inning with Gierke's theory of the genes sensclsiaft as expounded by Maitland, the writer attempts in an admirably perspicacious article to disprove the fiction and the concession
the Supreme Court is likely to consider ‘gradu ated and proportioned to offense’. . . . "The majority opinion employs the sounding and swelling vocabulary — i.e. ‘men of action, ‘obsolete,’ ‘progressive,’ ‘humane justice,’ ‘public opinion,'—of the so-called ‘progressive juris prudence,’ to convert a power to declare the law of the Constitution into a power to make it, thus disclosing the cloven hoof of the ‘progres sive' system so far as it touches the courts. But, as stated, the opinion delivered by Mc Kenna, J., as the opinion of the Supreme Court is the opinion of only four Justices. Not until five Justices subscribe to it can the eighth amendment be revised so as to read like the Illinois constitutions of 1818 and 1848: — “ ‘All penalties shall be proportional to the nature of the offense; the true design of all punishment being to reform, not to exterminate
mankind.’" Declaration of London. See Maritime Law. Direct Legislation. "The Initiative-Refer endum in the United States." By Frank Fox
theories, in their bearings on modern English law.
croft.
"The Courts and the Corporations." By Henry Wollman of the New York bar. New York Times Annual Financial Review, Jan. 8. "Regardless of how substantial the legal yield of all this litigation under the Sherman law will be there can be no doubt that the moral gain resulting to the people, from the anti-corpora tion agitation and legislation, is beyond estima tion. Because of it most of the corporations have cleaned and are cleaning house. The reckless disregard by many corporation managers of statutory enactment and moral precept is gradually being superseded by rules of conduct that recognize not only an observance of the laws of the land but also that competitors and the public have rights which should be respected. This change may be due to reformed con sciences, but probably is attributable to fear of prosecution."
(Jan). "Under this system the conservatives are always at a disadvantage. The dice are loaded against them. The various radical groups, the socialists, the single-taxers, the woman suffra gists and the rest will sign each other's petitions and get their difi'erent propositions before the people. When the campaign opens the radicals are already organized. They know what they want, and they will co-operate energetically to secure it. But the conservatives are handi capped. It is alwa s harder to organize the negative than the a rmative. And if the con servatives defeat destructive changes in the
Contemporary
Review,
v.
99,
p.
11
fundamental law at one election, they cannot
rest upon their arms. They must be continu ally upon guard, for at the very next election the same battle may have to be fought over again." "A Great Democratic Reform." By Harold
See Rate Regulation, Taxation.
Cox.
Criminal Law.
An earnest plea for the referendum in British politics, not altogether free from partisan bias. The party system is even more rigidly organized in the United States than in England, yet "American politics are a by-word for corrup tion." By such arguments as these Mr. Cox supports his contention that the referendum alone can purify a democratic government.
See Administration of Jus
tice, Penology.
Criminology. See Juvenile Delinquency. Cruel and Unusual Punishment. “Cruel and Unusual Punishment." By Prof. Henry Schofield, Northwestern University.
5 Illinois
Nineteenth Century, v. 69, p. 21 (Jan.).
Law Review 321 (Jan.).
"White, J., says [in Weems v. U. 5., 217 U. S. 349] he does not think the fine and imprison ment part of the sections of the Spanish Penal Code in question, including the chain at the ankle hanging from the wrists, so far dispro portionate to the offense of falsifying a public document by a public official to steal money from the public treasury, as to justify a judicial declaration of unconstitutionality, when the accessories are eliminated as a separate punish ment, even assuming that the prohibition of cruel and unusual punishments means, when
applied to restrain Congress, that Congress must authorize the infliction of punishments which
Evidence.
SeeWitnesses.
Executive Powers.
See Government (New
York). Federal and State Powers. “Decisions of the Federal Courts on Questions of State Law." By William M. Meigs. 45 American Law Re view 47 (Jam-Feb). An extended discussion of the bearings of the decision in Kuhn v. Fairmon! Coal C0. (1909) 215 U. S. 349, in which the Su reme Court by a vote of four to three overrule the doctrine of
a West Virginia court that in a deed conveying
