The Green Bag
650
rotest. Its seat of power is in the Middle West; ut it is not confined to any one section of the country. On the contrary, it is most markedly pervasive, its widespread successes indicating that beneath the surface it is a force develop
merely because it imposes a new liability of this character. The question instead must be the more fundamental one. Dex the statute seek an end so unreasonable or arbitrary as not to be
ing throughout the count
sought a legitimate end by similarly unreasonable or arbitrary means?"
.
Nor is this force
confined to any one class 0 communities. While manufacturing,
minin
and
railroad
within the legislative discretion? or, Has it
centres
stand conspicuous in ialist successes, small country towns and purely agricultural communi ties contribute largel to the total; and even residential and subur n communities figure in the count. On the other hand, to speak of Socialism as already a power in American poli tics is to deal altogether in hyperbole. . . . “The average Socialist recruit begins as a theo retical impossibilist and develops gradually into a constructive opportunist. Add a taste of real responsibility and he is hard to distin uish from a liberal reformer. It is the same wit the movement. These Socialist successes in gen
“Workmen's Compensation in Illinois." By Samuel A. Harper. 6 Illinois Law Review 170 (Oct.). “In all cases where the injury results from the direct negligence or intentional act of the master
eral, therefore, are a training school of construc
in reason be taken away in the exercise of the reasonable police power of the state."
tive democracy. This fact should calm the fears and allay the prejudices of all those who have a real faith in the people." Stare Decisis. “Effect of Overruling Opinion
the servant would seem to have a clear right to
his common law remedies against him, including the trial by jury. The extension of the liability of the master, however, to cover the negligent
acts of a servant or agent, is a comparatively recent, judge-made privilege given to the PH! ployee, and what has thus been given him might
“German Workingrnen's Insurance and FOI eign Countries." By Dr. Zacher. American Journal of Sociology, v. 17, p. 177 (Sept.)
of Court of Last Resort on Rights Acquired on
A short resume of the past twenty-five yeafi' Opinion Overruled." By James E. Babb. American Law Review 750 (Sept.-Oct.).
45
Some of the authorities are reviewed, includ
ing the well-known cases of Gelpcke v. Dubuque and Muhlker v. N. Y. 86. R. Co., but little new
light is thrown on the subject. Taxation. “The Measure of Income for Taxation." By Truxtun Beale. Journal of Political Economy, v. 19, p. 655 (Oct.).
experience of Germany. _ "The German principle . . . is superior to the liberte subsidiée in this, that it involves both
parties, workmen and employers in the cost of premiums, and so places the entire insurance 0]! a firmer, clearer and juster basis, and make5_1t evident to the workmen that the contribution of the employer is not a 'subvention,’ but some thing which they have themselves earned." See Industrial Accidents.
The writer, who takes for granted the general
adoption of income taxation in the near future, discusses from an economic standpoint the adjustment of income taxes in such a way as to
secure the maximum benefit to the wealth and well-being of the community. He argues at length in favor of exempting saved income from taxation, and he would tax income spent on
luxuries. Uniformity of Laws. See Marriage and Divorce. United States Courts. "The New Federal Judicial Code." By Hon. Henry B. Brown. 73 Central Law Journal 275 (Oct. 20). Part of the address of Justice Brown before the American Bar Association at Boston last
August, treating of the changes made by the new federal judicial code. See Commerce Court. Workmen's Compensation. “The New York Workmen's Compensation Act Decision." By James Parker Hall. Journal of Political Economy, v. 19, p. 694 (Oct.). "In the face of so large a number of instances
of liability without fault under our system of law, it cannot be successfully argued that a stat
ute takes property without due process of law
Miscellaneous Articles of Inleresl to file Legal Profession Biography. “Lafollette's Autobiography?" By Robert M. LaFollette. American Magoflfllr v. 73, p. 3 (Nov.).
This second installment, dealing with 13' Follette’s experience in the House of Repre sentatives, gives interesting impressions of the period from 1885 to 1891. “In those days the consideration of private interests of all sorts
overwhelmed Congress.
I have showed how
in several instances and in a limited way tried to fight against them, singly. But - - such men as Sherman in the Senate and Reagafi in the House were real constructive statesmen Camorra Trial. "An American Lawyer at the Camorra Trial." By Arthur Train. M6‘ Clure’s, v. 38, p. 71 (Nov.).
"As for the lawyers-the tsunami-—the)’ seem very much like any group of American civil lawyers and distinctly superior to the practitioners in our criminal courts. Many 8!? young and hoping to win their spurs in this celebrated case. Others are old war-horses whose fortunes are tied up with those of the
