545
Index to Periodicals the sovereignty under which a divorce was granted." “Austrian Divorce Law." By Prof. E. Tilsch. 12 Journal of Comparative Legislation, pt. 1, p. 44 (July).
to those issued yearly by European governments will before long be instituted. Until that time it is impossible to judge the “indeterminate" sentence by the only valid test to which it is pos sible to apply changes in criminal law and procedure, viz., their effect on the volume of crime
_ A succinct statement of the law, as contained in the General Civil Code.
over a given period of years." "The Indeterminate Sentence.’
Mistaken Identity. "Mistaken Identity." By George Stronach. 23 juridical Review 194
oner.
(July) “It is this very same willingness to be satisfied by the presentation of things that of themselves are incapable of misrepresentation that, absurd as it may seem, too frequently leads juries, with regard to the identification of things and persons, to forget that what is presented by a skilful tempering hand may be made to misrepresent. I hope to adduce a sufficient number of cases to put this statement quite at rest, and if any are then unsatisfied, I am sure after a perusal of the authorities I shall cite at the close they will be convinced." Monopolies. "The Supreme Court and the Standard Oil Case." By Prof. Andrew Alexander Bruce.
73 Central Law Journal 111 (Aug. 18).
"A large part of the jurisdiction of our courts is self-assumed and is the result of judicial con struction, and the power to set aside a statute as unconstitutional is not specifically granted in our constitutions, either state or national. We can change if we will, and our courts, if we really
desire it, land. But canwedoshould as those think of France long and andseriousfy of En before we advocate the change. . . . The limita tions of human language are so great that it is seldom that a legislative body can make its meaning absolutely clear." "The Trust Decisions." By William L. Royall. 73 Central Law Journal 57 (July 28). "Com tition must be left free, even if a com petitor rs destroyed and even though it ends
countless competitors. The public safety is in preventing anyone, rich or poor, from making an improper use of his power. . . . The destruction of an existing state of competition may be nec essary to carry forward a great enterprise of the utmost importance to mankind, but the freedom of all men to compete with each other to the death must not be interfered with in the smallest degree." See Freedom of Trade and Occupation. Penology. "An English View of the Ameri can Penal System." By Sir Evelyn Ruggles Brise. 2 Journal of Criminal Law and Criminology 356 (Sept.). "Before long it is anticipated that public 0 inion, which is beginning to realize that the
nited States stands almost alone among the civilized countries of the world in having no formal and official index of the movement of crime (that is, of the moral state or standard of the community)» will bring such pressure to bear upon the federal government that criminal statistics analogous in form and comprehension
By a Pris
Atlantic, v. 108, p. 330 (Sept.).
"To be effective, to be practical, the indeter minate sentence must be just what the term implies. The indeterminate sentence with a predetermined maximum is an emasculation." “Punishment and Crime." By Hugh S. R. Elliot. Nineteenth Century, v. 70, p. 306 (Aug.)_ “My proposal is that criminals should be used, where desirable, for purposes of scientific experi mentation.
Suppose, for instance, that a man
has been convicted of a particularly brutal rape, or of swindling poor people out of their life's savings; and suppose that an important discovery
towards the cure of cancer might be made by inoculation experiments on living men; will any sentimentalist be so blind to reason, so deaf to the plainest calls of humanity, as to say it would be wrong to inoculate that criminal with the cancer and make the observations which might be followed by untold benefit to the whole race? I confess I cannot understand the mental attitude of anyone who will object to this." “Discretion in Penalties." By R. S. De Vere. 27 Law Quarterly Review 317 (July). This author favors "the appointment of a Com mission composed of persons possessed of the highest legal authority, whether as judges or jurists, for the purpose of assessing the average penalty for each legal ofl'ence, upon a first, second or further conviction. These scales of punish ment, strictly, of course, within the limits of the
particular statute dealt with, would merely repre sent the normal penalties which it would be rea sonable to inflict in cases presenting no unusual features. The recommendations of such a Com mission would have moral weight only, and would
im ly no form of compulsion whatever upon the judges and magistrates for whose bene t they were designed." "Humanizing the Prisoners.’ By Morrison 1. Swift. Atlantic, v. 108, p. 170 (Aug.). "The state of Vermont contains a prison where
the inmates are treated upon a novel plan.
They
are trusted and treated like other human beings;
they come and go almost as freely as the members of the jailer's own family; as far as possible what ever suggests punishment or disgrace is banished; and they are made to feel that their imprison ment is designed to improve them as men, and to restore them to social life not only with full self-respect but with the cordial respect of the community." See Criminology. Police Administration. "Mayor Gaynor's Police Policy and the ‘Crime Wave' in New York City." By Arthur W. Towne. 2 Journal of
Criminal Law and Criminology 375 (Sept.).
