Index to Periodicals unwritten law against erecting fortifications there, and at no time has this country ever given any pledge or even intimation, since the abrogation of the Clayton-Bulwer treaty, that it would abstain from treating the canal as a part of our territory or as a factor in,our mili
tary equipment.
The United States has, in its
assertion of the Monroe Doctrine, as well as in
the exertion of its good ofiices in the domestic affairs of the Central and South American re publics, demonstrated to the world its policy of extending a protecting hand over its sister re publics on this Hemisphere, and as a factor in the carrying out of this policy, the Panama Canal is of great importance. Considering all these things, it is believed that we have a just and equitable right to protect the canal by the erec tion of permanent fortifications, or by any other legitimate means we may see fit to adopt. “As regards the guarantee of neutrality, rather than prohibiting fortifications on the canal, such a guarantee carries with it, by inference if not by
letter, the right to adopt such measures as may be necessary to insure that guarantee being ful filled. In only two ways can that object be obtained; that is, in order to enforce the dictates of the guarantor, the power must either be
res
ent at the canal in the form of permanent orti fications, or by the presence of our navy in waters contiguous to the canal, at least until we secured absolute control of the sea on both sides. and, as stated above, to compel the navy alone to defend the canal would be to deprive it of its principal function of acting in the offensive." Patents. “The Progress of Japanese Patent Law." By John Gadsby. 27 Law Quarterly Re view 60 (Jan.). Tracing the legislation from 1871. Penology. "The Correction and Prevention of Crime." By Edward T. Devine. Survey, v. 25, p. 653 (Jan. 21). "Crime in the last analysis is not to be over come after arrest, but before.
Schools, churches,
playgrounds, settlements, trade-unions and chari table societies — agencies of social progress and of social reform, public and private—are the handmaidens of the new penology. We shall transform police, courts and prisons when we have further transformed society." "The Professional Training of Prison Offi cials." By Prof. R. Vambery, Buda-Pesth. Survey, v. 25, p. 660 (Jan. 21). “The Home Secretary and Prison Reform." By Major Sir Edward Clayton, C. B. Nine leenlh Cenlury, v. 69, p. 58 (Jan.). This writer, formerly inspector of prisons, avers that Mr. Churchill's scheme "bristles with difiiculties." Penology. See Administration of Justice, Cruel and Unusual Punishment, Juvenile Delin quency. Pleading. See Procedure. Practice of Law. "The Acquisition and Re
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tention of Clients." By Frank J. Loesch. 31 Canadian Law Times 17 (Jan.). Full of good practical advice, for example: — "I would have no hesitation about beginning as clerk in an office. In addition to an immediate compensation that will suflice to support you modtly, you get experience. You get ex eri ence from the things you have to do and rom your observation of how the older la ers do the work. You may be in your own 0 cc ten years and not see how certain things are done." See Professional Ethics. Principal and Agent. "The Application of Money Wrongfully Procured, by a Defaulting Agent or Trustee, to the Payment of the Debts of the Principal's Business or the Trust Estate.” By Ralph J. Baker. 59 Univ. of Pa. Law Re view 225 (J an.). “To summarize briefly, we find that upon but one theory and in but one class of case, can the
plaintiff recover, that is, where his action is against a principal whose debts the fraudulent agent has paid with the money or proceeds of the property wrongfully procured from the plaintiff. In such case he may succeed in an action arising in quasi-contract in some jurisdictions; in others only by bill in equity. He becomes a general creditor of the principal but no more. But where the fraudulent person is a trustee, and he is himself in arrears to the trust estate, the
plaintiff is without relief u n any theory, save his unprofitable right against the trustee per sonally." Procedure. "Revision of Court Procedure in Illinois-A Symposium of Judges." 5 Illinois Law Review 350 (Jan.). Interesting, brief opinions on the best method
of carrying out needed reforms of civil proce dure in Illinois. A strong sentiment in favor of code pleading is shown. One writer says that a general statute leaving details to be governed by rules of court would be unconstitutional. "Illinois Conference on Procedural Reform: A Bill for an Act Concerning Pleadings." By Clarke B. Whittier. 5 Illinois Law Review 364 (Jan.).
This bill regulating pleading in civil actions is in thirty-four sections, leaving details to be governed by rules of court which may be revised annually. "A Proposed Judicature Act for Cook County." By Albert M. Kales. 5 Illinois Law Review 336 (Jan.). The conclusion of a paper noticed in 23 Green Bag 95. "The ‘Notice of Objection’ in Revision Courts." By P. Tindal-Robertson. 27 Law Quarterly Review 75 (Jan.). Professional Ethics. "The Ethics of Advo cacy in an Unjust Cause." By Edwin S. Oakes. 17 Case and Comment 433 (Feb.).
"The whole matter may_be‘summarized by saying that the ethical obligation of an advo
