The Green Bag
258
the traditions, the sense of the Fatherland, the universal efficiency, the far-sighted outlook, the paternalism vitalized by patriotism of the German people. The American city, on the other hand, has no traditions. There is no sense of responsibility. It is eflicient only in spots." According to Mr. Howe, "Germany spends more generously than any other nation for municipal purposes." Mandamus. "The Use of Mandamus to Compel Educational Institutions to Confer Degrees." By Dean Oliver A. Harker, College of Law, University of Illinois. 20 Yale Law
Journal 341 (Mar.). "I desire to emphasize the thought that in all such applications for this extraordinary writ the courts will avoid much embarrassment by standing close to the landmark, established early in the development of the remed, that in matters requiring the exercise of o cial dis cretion the courts will only compel the official to act and not undertake to control his judg ment."
“For and Against the Maritime Law. l, by J. Wilson Declaration of London." Potter.
ll,
by
Rear-Admiral
Hon.
V.
A.
Montagu. Nineteenth Century, v. 59, pp. 402, 414 (Mar.). These titles are here inserted to enable in
Penology. "The State's Guardianship over Criminals." By Judge Stephen H. Allen. 1 Journal of Criminal Law and Criminology 899 (Mar.). "The modern civilized state recognizes its duty to care for the insane, imbeciles, drunkards
and paupers and by doing so to accomplish the double purpose of protecting both societ from injury and the unfortunate members 0 these classes, themselves, from the suflering which naturally results from their defects and weak nesses. The motives of the state in caring for such persons are purel benevolent and the sole purpose is benefit to al concerned. A materially different attitude, however, is maintained toward moral defectives who are usually regarded as enemies rather than wards of the state. Is there such a radical difference between moral and physical deficiency as to warrant this difference of sentiment when dealing with criminals? . . . "When a trial is for the pu se of enabling the court to ‘adjudicate criminal cases in accord with the social and physiml needs of the offender, which in the ion run is directly equivalent to the best financia and moral pro tection of society’ (re rt of Committee A. American Institute 0 Criminal Law and Criminology), we shall have started on the road to the permanent elimination of crime. When the state intelligently and in a spirit of true kindness (not weak sym thy), perfon'ns its
terested readers to follow the discussion of this
full duty, most of those w o are now criminals
important subject. “A Defense of the Declaration of London." By Excubitor. Fortnightly Review, v. 89, p. 405
will become useful citizens. and the rest will be permanently restrained from following their criminal specialties." “Setting the Criminal Straight." By Frank
(Mar.).
Marshall White.
Why waste time on anonymous articles?
Misrepresentation. Mistake.
See Tort.
World's Work, v. 21, p. 14254
(Apr.). This writer says that the history of New York's prison system is of interest as showing
“Mistake in the Formation and the general trend in prison methods, since "the
Performance of a Contract." By Roland R. Foulke. 11 Columbia Law Review 197 (Mar.). The first instalment of a detailed discussion
United States has led the world in these reforms and New York has led the other forty-seven states." The only serious objection to the article is its brevity. "Anglo-American Philosophies of Penal Law:
of the topic. See Tort. Ill, The Ethics of Punishment," by Herbert Nationality. “American Citizenship." By - Spencer. 1 Journal of Criminal Law and Crimin Dudley O. McGovney. 11 Columbia Law Review ology 862 (Mar.). 231 (Mar.). This essay, under the title, "Prison Ethics," An exposition of the American law governing was originally published in the British Quarterly the status of citizenship. The first of two instal Review, July, 1860; it is sometimes and better ments. known by the above title. It is here reprinted from the Library Edition (London: Williams 8: Negotiable Instruments Act. See Uni Norgate, 1901) of S ncer’s “Essays: Scientific, formity of Laws. Political, and Specu ative," V. II], p. 152. Por Parliamentary Reform. “Barriers against tions describing certain prison systems have been Democracy in the British Electoral System." omitted. By Edward Porritt. 26 Political Science Quar Personal Names. "Proper Names." By terly 1 (Mar.). Frederick Dwight. 20 Yale Law Journal 387 (Mar.). A luminous discussion of the four anomalies in the British electoral system: Plural voting, The writer does not question the soundness university resentation, non-pa ment of mem of the decision of Judge Vann in Smith v. U. S. bers of Par iament and the 0&cial expenses Casualty Co. (22 Green Bag 282), but favors a thrown upon candidates for the House of limitation of the right to change one's name, Commons. The treatment is largely historical. namely: —
