206
The Green Bag
amendment should be vested in the courts, provided that no suitor should thereby be taken by surprise. That it should be possible for any cause to be disposed of upon technical grounds, without its merits having been deter mined, is a serious reflection upon our whole
legal system. Delays must be shortened and costs reduced as far as possible. Let the subject,
Stevenson.
Popular Science Monthly, v. 78, p.
258 (Man). Philanthropy, argues the author, begins its
work at the wrong end. Instead of see 'ng to ameliorate the condition of the poor, it should encourage the restriction of competition, the restriction of population, the restriction of mar
however, be ap roached with some sense of
riage, and the restriction of child labor, thereby
responsibility.
abolishing the evil of poverty at its source. “The Prevention of Destitution." By Henry H. Schloesser. 36 Law Magazine and Review 181 (Feb.). Describing in detail the Prevention of Desti
8m may not set any limit to
discovery and invention in the natural sciences,
but it is quite safe to predict that justice can never be administered by any penny-in-the-slot device. Neither in the wisdom of the ancients nor in all the ingenious novelties of today, do we find any substitute suggested for the exer cise of judgment by skilled and disciplined intellects in order to define rights according to fixed rules of law." See Criminal Procedure.
Railway Rates. "Railway Rate Theories of the Interstate Commerce Commission, II." By M. B. Hammond. Quarterly Journal of Eco nomies, v. 25, p. 279 (Feb.).
In this concluding instalment the writer con siders at length the factors of distance, as in volved in rate-making, and those of natural advantages of location, competition between carriers, and competition between places or sections. Railways. “Railway Speculation." By Wil liam Z. Ripley. Quarterly Journal of Economics, v. 25, p. 185 (Feb.). "The foregoing outline of speculative manipu lation of railway securities tells but a sorry tale at best.
It presents the most unpleasant aspect
of railroad financing, embracing a range of operations from mystification and petty deceit to utter fraud. But the conclusion must be carefully avoided that, because such ofiences have at times been committed, American rail
road finance on the whole is unsound.
Such a
conclusion would be absolutely unfounded.
A
large majority of our common carriers are cer— -tainly as honestly administered as are private businesses as a whole. Nor has the standard of integrity in the main ever been as high as it is at present.
But, as always, the innocent are
condemned to suffer with the guilty. No sin le group of persons has a deeper interest in t e prevention of such breaches of trust in future than that charged with the present management of this great industry." Real Property.
See Torrens System.
Social Legislation. “The ‘Right to Work.’" Edinburgh Review, v. 213, no. 435, p. 180 (Jan). The writer considers at length the claim that “every workman not in employment has a right to work," and endeavors to prove it an economic
fallacy. Such a scheme as that of the Unem ployed Workmen Bill of 1908 "must destroy the mutual suitability of work and worker; . . .
such a condition can only be attained if there is free play between the individual worker and the employer of labor." "The Social Problem." By Prof. John I.
tution Bill, which follows the doctrine of the
University report of the Poor Law Commission declaring for "the universal maintenance of a definite minimum of civilized life." "National Insurance against invalidity and Old Age." By Dr. Ernest J. Schuster. Nine teenth Century, v. 69, p. 351 (Feb.).
A reply to Mr. Carson Roberts' proposal for a scheme designed to lessen the burden of the Old Age Pensions Act and to accomplish insur ance against invalidit under conditions entail ing greater benefit an less expense. The writer seeks to prove that the plan is impracticable, illusory, unsound. Taxation.
"The Income Tax Amendment."
By Governor Augustus E. Wilson. Editorial Re view, v. 4, p. 142 (Feb.). An argument against the proposed amend ment as an encroachment on state rights, lead ing federal decisions being cited to support this decision, and as depriving the states of revenue that they need for their own purposes. "The Taxation of Married Women." By Teresa Billington-Greig. Conlemporary Review, v. 99, p. 210 (Feb.).
“A complete sweeping away of all the relics of the pernicious common law doctrine of woman's subjection is absolutely necessary." For Federal Corporation Tax, see Judicial Interpretation. Theory of Law. “The Mission and Objects of Philosophy of Law." By Josef Kohler, Uni versity of Berlin. 5 Illinois Law Review 423 (Feb.). The scholarly translator of Gareis's Science of Law has translated this paper written by the leading neo-Hegelian jurist of Euro e, which partakes largely of the nature of a efense by Professor Kohler of his own theories from attacks of critics who deny that his “Lehrbueh der Rechts hilosophie" has a philosophical basis. Professor ohler states the objects of modern philosophy of law to be the history of civilization, ethics, psy chology, sociology, philosophy of history, and finally metaphysics. There is a strain of mysti cism in the article which is likely to repel the reader. But the following definition of law is interesting: “Law is the standard of conduct impressed upon individuals which arises from an internal impulse of the community toward a rational form of social life." And we have
