The Green Bag
544
ceeded long ago in driving out organized labor, but which finds in all of its shops an inexplicable arrangement that prevents any man from earn ing more than a certain amount of money at piece rates. Perhaps scientific management and the bonus system would break down this apparent conspiracy, but I should expect it to recover after the men became familiar with the new devices. Nothing is more surprising often to employers and the merely scientific man, than the unanim ity with which thousands of unorganized laborers Will suddenly turn out on strike at the call of a few hundred organized laborers." "Why Men Fight for the Closed Shop." By
Clarence
Darrow.
American
Magazine,
v. 72, p. 545 (Sept.).
Presenting forcibly the case of the closed shop, from the standpoint of a leading pro tagonist of the labor unions.
Legal Education. “The Place of Juris prudence in Legal Education." By H. J. B. Martin. 36 Law Magazine and Review 418 (Aug.). It is urged that "Jurisprudence should be re tained in its position at the commencement of the training, but it should also be given a place later on in the curriculum. So far as the author is aware, the only English-speaking teaching body which adopts this course is the Panjab Uni versity." Legal History. "Mr. Pike's Latest Year Book."
By W. S. Holdsworth, D. C. L.
27 Law
Quarterly Review 278 (July.). Professor Holdsworth recognizes the value of Mr. Pike's work. "Mr. Pike," he says, “is the pioneer who has taught us to use the Year Books to guide us to the cases of interest on the Rolls, and to use the Rolls to correct the inaccuracies of the Year Books." Much attention is given to Mr. Pike's theory that the earliest Year Books were the work of the clerks of the court, instead of the unofficial note books of the apprentices,
as Pollock and Maitland have supposed. Prof. Holdsworth thinks he has not adduced evidence which disproves Maitland's theory. There are some observations on the contents of this latest Year Book, of 20 Edward III (second part). “The Origin of the Petty Jury." By Charles L. Wells. 27 Law Quarterly Review 347 (July). “Mr. Maitland, in his Introduction to the Pleas of Gloucester of 1221, published in 1884,
said: ‘The petty jury is still in the future and per haps we should look for its germ in the qua!» tuorvillalae to which recourse is had when the juratores say that a man is guilty.’ . . . It is undoubtedly true that the trial or petty jury emerged out of the presentment jury, which was the only jury at first. As a matter of fact ‘the four vills" formed a part of the presentment jury in cases before the coroner. as well as by their fiesence in the county court. The remark of r. Maitland that ‘recourse is had to "the four vills" ’ as if there were two separate references of the case, the first to the twelve jurors of the hun dred, and a second one to ‘the four vills,’ seems to point only to an earlier method, as we may gather from some cases in the reigns of Richard and of
John, when the jury was used in connection with the ordeal, and indicates, I believe, the intro
duction and first stage of the evolution of the trial jury, namely, requiring their verdict not to decide guilt or innocence, but to decide what shalll be the form of the ordeal or other mode of tna ." See General Jurisprudence. Literature. "The Lawyers of Charles Dickens." By George Packard. 45 American Law Review 534 (July — Aug.). "As Moliere made mad to their own destruc tion those very few social sinners whom he did not overwhelm with delight, so Dickens holds up to wholesome ridicule the objects of his keen ob servation among a profession that is certainly
open to attack, but whose back is usually broad enough to laugh with the rest of the world, as it attempts to sit a little bit straighter in response to the artist's wit. No lawyer, it seems to me, can really afford to take ofl‘ense at Dickens' art. or Dickens' method." Local Government. "How Not to Draft a Charter." By Rabbi Stephen 5. Wise. North American Review, v. 194, p. 367 (Sept.). Rabbi Wise thinks the adoption of the pro posed charter would be a civic calamity. In its drafting “every interest has been consulted save the public interest, and no principle has been followed save that of political self-preservation." Maritime Law. “The Declaration of London, II." By G. D. Valentine. 23 juridical Review 103 (July). Concluded from the April number (23 Green Bag 363).
“We may repeat what we have almdy
inted
out, that this agreement is of the nature 0 a com
promise. Its leading object was to obtain a solu tion of doubtful questions of international law,
which have been canvassed without definite re sult for very many years. . . . Of such moment are these considerations that they have produced what is so rarely seen, a readiness on the part of every state to yield something to the general well-being." “The Immunity of Private Property at Sea." Quarterly Review, v. 215, No. 428 (July). This “theoretical" portion follows a historical sketch of the movement for immunization which a peared in the opening paper (23 Green Bag 204). he writer 0oiJ poses immunization a serious deprivation military advantage, as particularly in the case of island states. Marriage and Divorce. “Extra-Terri torial Effect of Decree for Divorce on Construc tive Service." By Henry Berger. 45 American Law Review 564 (July - Aug.). “The sole purpose of this paper is to discuss the validity of a decree of divorce rendered by a foreign court, in so far as the validity is depen dent on the 'urisdiction which the court acquires over the del'endant, when such jurisdiction was acquired in the manner provided by the law of
