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The Green Bag

philosophical school, from which, indeed, the sociological school, on many essential points, is not easily distinguishable. While Professor Moore tells us that the time has come 'in the development of the pragmatic movement for systematic and detailed applications of prag matic conceptions and methods to specific problems, rather than further discussion of general principles,' unhappily discussion of general principles goes on and a pragmatist philosophy of law is yet to come. When it is promulgated it may expect many adherents from the sociological jurists." "Jurisprudence in Germany." By Edwin M. Borchard, Law Librarian of Congress. 12 Columbia Law Review 301 (Apr.). See p. 305 supra. Government. "The State Governor." By John A. Fairlie. 10 Michigan Lava Review 458 (Apr.). "From this discussion of the powers of the state Governor it should be clear that while his influence in matters of legislation is important and increasing, his authority and control over the state administration is far from complete. His power of appointment and removal are much more restricted than in the case of the President of the United States; and he has little effective power of direction over the adminis trative officials. ... At the same time the growing importance of the Governor's position should not be underestimated. Through his political powers he exercises a large influence over the _ welfare of the state, not only by his constitutional negative on legislatures but also by his positive influence as an exponent of public opinion. And in the field of administra tion both his express authority and his active influence are increasing, and it may be said should be further increased." International Arbitration. "Anglo-Ameri can Arbitration." By Herbert W. Horwill. Contemporary Review, v. 101, p. 475 (Apr.). "In weighing the objections formally offered by the Senate against the proposed treaties with England and France it is important to take count of a more formidable reason that lies behind. The Senate always shows itself keenly jealous of any threatened or suspected infringe ment of its share in the control of foreign affairs. In this reluctance to surrender the least part of its prerogative there is more than meets the eye. The Senate knows well enough that any curtailment of its opportunities of exercising its treaty-making power would weaken its influence in home politics also." Legal History. "The Reception of Roman Law in the Sixteenth Century, III." By Prof. W. S. Holdsworth, D. C. L. 28 Law Quarterly Review 131 (Apr.). "Even in the sixteenth century there were signs that 'the double jurisprudence of Rome would be overwhelmed by the enormous pro fession of the common lawyers.' In fact, the same cause which abroad led to the extension

of the influence of the civil law led in England to the extension of the common law." See Pleading, Roman Law. Legislation. "Law and the Function of Legislation." By Edwin W. Smith. 46 Ameri can Law Review 161 (Mar.-Apr.). "I appreciate that it is easy to talk about custom, the common thought, public opinion, but it is not always easy to know what they are. How does judge or legislator know? If a legislator does not know, his duty is clear — he need make no law. The doctrine of laisset faire is a good one yet. There are, however, questions which judges haye_ to decide, upon which there is no public opinion. If so, judges must rely upon arguments of counsel, precedents, their own knowledge of current thought. ... I am strongly in favor of the right to discuss intelligently the decisions of the courts." Married Women. "The Law of Married Women in Texas." By Claude Pollard. 46 American Law Review 241 (Mar.-Apr.). "With some changes and modifications, we preserve the Spanish rule, and regard marriage as a state of co-equality between husband and wife in so far as property rights are involved, thus recognizing the separate existence and identity of the wife. . . . We recognize the right of the wife to own property, to convey it, to make contracts, to sue and be sued; and while these rights may be limited in a sense under our law, the. recognition thereof indicates that her civil rights are equal to those of her husband." Mining. "Mining Law." By Cummins Ratcliffe. 46 American Law Review 215 (Mar.Apr.). Touching upon some of the leading features of the law of mining, in a general survey of the subject. Monopolies. "The Character and Powers of Governmental Regulation Machinery." By Charles C. Batchelder. Journal of Political Economy, v. 20, p. 373 (Apr.). The important point is brought out that legislation should not only prevent monopoly based on unfair competition, but that it should tolerate competition only when the latter is fair; as the author expresses it: — "We should prohibit not all combination, but all unfair combination, and encourage not all competition, but all square competitions. Cut throat competition is not for the public weal. "The business interests of this country must realize the seriousness of the situation, and join hands immediately to bring public pressure to bear upon our legislators to remedy by wise statutes the threatening danger to our national prosperity. As our population increases, we must inevitably cease to export raw materials and foodstuffs in payment of the trade balances against us for the large number of commodities which we must always import, and must sub stitute our manufactured goods. Taking into