316
The Green Bag
"Its Competition Compassed by Immorality that Sort of Unrestricted Trade which is Favored of the Law?" By Archibald H. Taylor. 46 American Law Review 184 (Mar.-Apr.). "I am certain that the remedy adopted by the doctrine of the Dr. Miles Medical Company v. John D. Parks 8f Sons Company is a step towards socialism, i. e., assuming that the permanent remedy for immediate anarchy, is socialism, just as I have described. And while repeating my profound admiration for the wonderful ability with which the views of the Court are presented by Mr. Justice Hughes, and by Judge Lurton, below, I am constrained to conclude my appreciation in the words used by Owen Meredith in completing an appreciation of women. He had written many lines, all com mencing with the simple words "I know," and ascribing to the fair sex many rare and wonder ful qualities. But he ended with the line, "I know that their morals, thank Heaven, are not mine," I cheerfully and loyally will obey the decree in this case, but to subscribe to the moral philosophy or political economy of it, is not within the terms of my oath taken as a member of the profession." "Economic Aspect of the Recent Decisions of the United States Supreme Court on Trusts." By Prof. Jeremiah W. Jenks. Journal of Politi cal Economy, v. 20, p. 346 (Apr.). The Supreme Court in these two decisions [in the Standard Oil and Tobacco cases] has failed to take sufficiently into account the economic benefits that come from the saving of industrial energy and the promotion of industrial efficiency by industrial combination. Even though it may have justly estimated the evils coming from some of their business practices, in its remedies it is directly attempting acts that must result in loss of industrial energy and lessening of industrial efficiency. This is clearly an economic injury to the public, directly con trary to the public interest. "An Interstate Trade Commission." By William Dudley Foulke. Journal of Political conomy, v. 20, p. 406 (Apr.). "Every power exercised by the Interstate Commerce Commission over common carriers should be applied, wherever it can be made applicable to industrial and commerical monopo lies which have acted in unreasonable restraint of trade." See Patents. Patents. "The Sherman Anti-Trust Act and the Patent Law." By Gilbert H. Montague. 21 Yale Law Journal 433 (Apr.). "Between the constitutional guaranty, on the one hand, and the Act of Congress of July 2, 1890, known as the Sherman Act, on the other hand, there can be no question of precedence. It cannot be assumed that the Sherman Act intended to interfere with rights established by the Constitution and granted by the patent law. The constitutional guaranty must prevail. The owner of a patent may, in any measure whatsoever, exclude others from using his patent,
and from manufacturing or selling the patented article. The owner of a patent may do all the acts comprehended in the three propositions of law above set forth; and even though such acts be monopolizing, and such as, without the immunity of a patent, would clearly constitute a violation of the Sherman Act, the Constitution and the patent laws shall be his protection." See Monopolies. Penology. See Criminology. Pleading. "The Common Law System of Pleading." By Hon. U. M. Rose. Case and Comment, v. 18, p. 643 (Apr.). "As the motives that led to this system of special pleading were indefensible, so its general effect was bad; it elevated form above sub stance, not infrequently perverting the adminis tration of justice into a mere trial of wits; it involved useless expense, labor, and mischievous delay; it cannot be doubted that the technical spirit which it embodied overflowed into other branches of the law with bad results; it diverted the attention of attorneys, lawyers, and judges from a study of the real problems of jurispru dence, to merely fanciful problems of artificial creation, having originally their sole origin in personal greed; it blinded men to the real purposes for which laws exist, and tended to lead the common people to believe, or at least suspect, that law was a mere matter of chicanery and trickery." See Procedure. Practice. "The Disappearing Argument." By John I. Williamson. 21 Yale Law Journal 489 (Apr.). "It has been, I think, the experience of most lawyers, that the higher the appellate tribunal is in point of dignity, power and learning, the more apt it is, in the language of an eminent jurist now upon the bench of a court of last resort, 'to lean, as upon a staff, upon the argu ment of counsel,' to complain of the absence of briefs and to advise and encourage oral argu ment. Indeed the bench has ever willingly availed itself of this assistance." Procedure. "Conservatism in Legal Pro cedure." By Hon. Frederick W. l.t'hmunn Case and Comment, v. 18, p. 649 (Apr.). "The law which a man is held to know should be within the reach of his understanding. . . . There should be in it nothing savoring of the mystery of a craft. . . . An alien tongue per sisted in the English courts for nearly seven hundred years, and alien forms persisted for more than a century longer. What we know as the common-law system of pleading exhibits the genius of the Norman, rather than of the Saxon, element in the English nation; but it held its place with astonishing tenacity. . . . The niceties and subtleties of the law of plead ing were all settled at the expense of some suitor who cared nothing, and should be held to care nothing, for the forms employed, but who had a grievance and was entitled to a remedy, and as at the trial he could tell his case
