Index to Periodicals what manner authority to sell land may be con ferred, e.g., whether it must be by writing or may be by word or act, but whether an authority prop erly created and unquestionably existing for some purpose will include this one, whether authority relating in some form to land confers authority to sell it, and whether an authority clearly authorizing a sale of land confers au thority to do unquestionably some other act relating to it." Procedure. "French Courts of Commerce." By Paul Fuller, Jr. 12 Columbia Law Review 145 (Feb.). "This sketch of a portion of the procedure of France is not offered with any suggestion that it would readily serve as a model," but there are "many things to be learned from the system, and from the lawyer's standpoint, none perhaps more important than the usefulness of a lawyers' association, austere, rigid in its regulations, autocratic in its methods." See Criminal Law and Procedure, Evidence, Juries. Public Officers. "Recovery of a Salary by a De Facto Officer, II." By Gordon Stoner. 10 Michigan Law Review 291 (Feb.). Continuation of article noticed last month (24 Green Bag 149). "An attempt has been made in this article to show th.it there is no basis in either the de facto doctrine or the legal right which a dejure officer has to the salary of his office for the recovery of salary by the de facto officer. What other legal right can there be upon which the de facto officer can base his claim? We can find none and none of the authorities suggest any." Railway Rates. See Interstate Commerce. Sports. "Lawful and Unlawful Sports, and the Legality of a Sparring Match." By N. W. Sibley, LL.M. 37 Law Magazine & Review 137 (Feb.). "The history of the subject showing that prize fighting itself only dates from about 1820, it becomes comparatively easy to understand how it is there are not many cases establishing de finitely that a sparring match with gloves in a friendly encounter is a lawful game or sport, so that consent is a good defense either on a charge of manslaughter or on a charge of assault." Torts. "Legal Cause in Actions of Tort, III" (conclusion). By Prof. Jeremiah Smith. 25 Harvard Law Review 303 (Feb.). Professor Smith concludes this exceptionally valuable discussion by setting forth his own de finition of legal cause, in the form of a short gen eral rule — "Defendant's tort must have been a substantial factor in producing the damage complained of" — which rule is enlarged by a number of appended explanations or subsidiary rules. These rules, however, by no means ex haust _the subject; the writer's purpose is simply to bring out the most important elementary principles underlying the decisions. Even if the
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sub-rules could all be stated definitely, "they would be," to quote Prof. Terry, "very compli cated, full of fine distinctions, and hard to apply in practice." So Professor Smith thinks it un desirable to frame sub-rules of too narrow and precise content; he is satisfied to err, as he sup poses, on the side of fullness as it is, and his illus trations clearly show the application of the prin ciples that he has elucidated. Trade Secrets. "The Law as to Trade Se crets." By A. W. Whitlock. 74 Central Law Journal 83 (Feb. 2). "It is submitted that the true theory is that although a trade secret is property, it consists merely of information differing from ordinary chattels in that it is intangible and not capable of being dealt with as we deal with chattels gen erally. In case of a tangible chattel the pur chaser from a thief is not protected, because the fault is with his getting. He may be in good faith and pay value, but he gets nothing, for the thief has nothing to give him but possession and that is wrongful possession. In the case of a trade secret, the wrongdoer has possession in the form of knowledge and this it is impossible to take away. So it seems from the necessity of the case that in the case of property of this kind, there is no such thing as title as distinguished from possession. That being true, the wrong ful employee has title which he passes on to his transferee, leaving only an equity in the true owner. If such transferee takes in good faith and for value he should be protected." Trusts. "Survival of Powers as Unaffected by Statutes." By Prof. Albert M. Kales. 6 Illinois Law Review 447 (Feb.). "Distinguished writers in England have tended to make much turn upon the form of the words. . . . The distinctions made in the foregoing paragraphs by the present writer not only recon cile the cases, but, it is believed, do so upon more solid and rational grounds than could be furnished by the mere form of words or upon such illusive phrases as power coupled with an interest, or power ratione officii." See Voluntary Associations. Voluntary Associations. "Voluntary As sociations in Massachusetts." By S. R. Wrightington. 21 Yale Law Journal 311 (Feb.). An informing account of the features of a form of business organization which has been little used in other states, but has become highly de veloped in Massachusetts; the courts, however, have dealt rather vaguely with the legal prob lems, it presents, and the article gives the gist of these decisions and indicates what may be regarded as settled in the law and what is prob lematic. Workmen's Compensation. "Constitutional Status of Workmen's Compensation." By Prof. Ernst Freund. 6 Illinois Law Review 432 (Feb.). "There is ... no controlling difference in constitutional principle between the abrogation
