The Green Bag
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cate in an unjust cause is neither more nor less than rests upon him in the advocacy of any
cause. ‘There is,‘ said Sir James Hannen, ‘an honorable way of defending the worst of cases.‘ in so doin the advocate should remember the advice of {0rd Eldon, that in cases of doubt and difliculty, Quad dubs'las ne feeen's is a good rule of conduct. The lawyer’s greatest danger arises from his bias in favor of the cause which he represents. He should guard against excess of seal, and in the glow of partisanship should not forget that he owes other duties than that to his client. He must make no distinction between his personal and his professional conscience; and in following its dictates should take care not to incur the charge, which an eminent man of letters is reported to_have made against a famous English statesman, that the conscience which should have been his monitor had become his accomplice." "Can the Lawyer Advertise?" By L. B. Elliott. 17 Case and Comment 439 (Feb.).
Written from the standpoint of a professional advertising man: — "It would seem to me that there is no more reason why an attorney should not advertise in the newspapers or other public prints, in a digni
Fruits of Public Regulation in New York," by Hon. Milo R. Maltbie; "Supervising Engineers and Street Railway Service," by George Weston. Race Distinctions. "The Constitutionality of Race Distinctions and the Baltimore Negro Segregation Ordinance." By Warren B. Hunt ing. 11 Columbia Law Review 24 (_[an.). The Supreme Court of the United States, in Plessy v. Ferguson (1896), 163 U. S. 537, upheld
the constitutionality of "Jim Crow" laws. The writer dissents from Professor Ernest Freund's view that this case decides that transportation companies may be required to enforce separate accommodations for the races in the interest of public convenience and comfort. That argu ment, he says, merely begs the question; if it is a sound one state separation would be upheld by the same reasoning, even though the rights of individuals are interfered with.
His point
is that the individual citizen has the right to live where he wishes, but such individual rights may be regulated by the police power, and reason able regulations are likely to be sustained by the courts. The Baltimore ordinance ap fair on its face, seemingly restraining the liberties of colored citizens no more than of whites.
Railways.
"German Railway Policy."
By
fied and truthful manner, than there is reason
why a banking institution, an artist and adver tising writer, an architect, a consulting engineer, a chemist, assayer, or other technical or profes
sional man who has only his service to give in return for money, should advertise." Property and Contract. See Monopolies, Rate Regulation. Public Service Corporations. "Public Regu lation of Capitalization." By Milo R. Maltbie. New York Times Annual Financial Review, Jan. 8. “It is essential that the supervising authority should know how the funds are actually ex pended and that the amounts paid are reason able, that the property is needed, and that the cost should be charged to capital and not to operation. . . . This base of the problem presents the principal dilficulty which any scheme for federal regulation must meet. A local body, such as a state board, is constantly in touch with
the corporations.
Investigations can be easily
made, and an audit of accounts and an examina
tion of property can be readily checked with reported expenditures. With the federal Gov ernment such work would require a large ex penditure and a large staff of engineers and accountants." See Federal incorporation, Rate Regulation. "Electric Railway Transportation." Being v. 37, no. 1, of Annals of American Amdemy of Political and Social Science (Jan). This issue contains the following articles on Public Regulation of Electric Railways: "Valua
tion of Intangible Street Railway Property," by Frank R. Ford; "The Indeterminate Permit in a
Satisfactory Franchise," by William OsgOQd
ways Morgan; in Wisconsin," "State Su yrvision Hon. B.ofH.Electric Meyer; “The Ran‘
Elmer Roberts. Scribner's, v. 49, p. 245 (Feb.).
“While the imperial government is not itself a large railroad-owner, it has unified the policies and the charges upon the state and privately owned lines of the empire so that so far as the shipper perceives he is dealing with one transpor ration system. . . . The control of the rates is centralized under the Bundesrat, the Senate as it were, consisting of members appointed by the governments of the twenty-five individual monar chies and republics of the empire. The Bun desrat from time to time calls a ‘general conference‘ for regulating railway rates. . . . Business for the general conference is prepared by a Permanent Rate Commission with repre sentatives from fourteen railway boards. A subdivision of membership called the Trader's Committee is made up of five representatives of a 'culture elected by the combined agricultural c ambers of the empire, five representing the manufacturing interests and five the distributing commercial interests. The two latter classes are elected by the chambers of commerce of the country acting together. These fifteen and a member appointed by the Bavarian govem ment recommended to the Permanent Commis sion authoritatively, especially in adjusting rates equitably among zones of traffic into which the empire is apportioned so that a shipper in one rt of the country shall not be at a disadvantage in internal trade through his geographical loca tion." See Rate Regulation. Rate Regulation. “Passenger Rates and Regulative Commissions." By William L. Ran som. Editorial Review, v. 4, p. 44 (Jan). "Personally, I find much in many of the more recent decisions of the present Commission, which, if analogies are carried to their logical sequences, point the way to the establishment
