Index to Periodicals from the witness stand in plain English, so it should have been formulated by his counsel for trial in plain English in the pleading. . . . "The purpose in pleading should not be to display expertness in the art, but to advise the court and the opposing party of the contention made. The controversy in the interest of justice should be narroweJ as much as may be, but not necessarily to a single issue, for there may be more than one matter really at issue between the parties. Falsehood should be eliminated as well as formalism." "The Reform of Procedure in the Courts as a Means of Preserving the Respect and Confi dence of the People in the Government." By Hon. A. J. Rodenbeck. Cast and Comment, v. 18, p. 635 (Apr.). "The Bench and Bar have it within their power to create a public sentiment which will compel a change in procedure, and it this power is not exercised, they must bear the responsibility ot public condemnation. "The objections are not confined to any par ticular jurisdiction. The procedure may be better in some states than in others; but in all there is an opportunity for improvement. "A constant effort should be made toward simplification and expedition. Every useless requirement should be eliminated, every tech nicality should be wiped out, and every unnec essary formality should be avoided. "The substance of the right should be para mount and every detail of practice which stands in the way of doing exact justice, under the circumstances of the case, as expeditiously as possible, should be eliminated." "The Relation of Judicial Procedure to Government." By Thomas W. Shelton. Case and Comment, v. 18, p. 654 (Apr.). Now, what shall be the form that pleading and procedure shall take? Let it be that which the Supreme Court shall provide. We have not trusted it in vain in matters of equal importance. "It is immaterial what form the system takes so that, at the trial, a statement of the facts of the cause of action from which the alleged legal liability can be drawn is presented upon a permanent record. It is neither honest nor prudent that that which is not presented in the pleadings originally or by just amendments should be judicially decided. A man has the constitutional right to be confronted by his accusers, and to be placed but once in jeopardy upon a clearly defined charge; so, he has the inalienable right to be explicitly notified of the intention, specific reason, and alleged legal right to take his property." "Procedural Reform. ' ' By Everett P. Wheeler. Case and Comment, v. 18, p. 661 (Apr.). "Doubtless we are sometimes called upon to defend a client who has no defense upon the merits. As long as the law gives the right to interpose a technical defense and prolong the litigation, the lawyer is blamed by many if he does not exert his skill to the uttermost for that purpose. ... It may be a lawyer's duty
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to occupy this position under the existing system. All the more, therefore, is it our duty as citizens to endeavor to reform the system so that these means of procrastination shall no longer be available." Questioned Documents. "Questioned Ink Marks — Determining the Age of Ink Marks." By Webster A. Melcher. 74 Central Law Journal 299 (Apr. 26). "As inks are the means by which the business of the world is conducted, and through which its records are preserved, it is, of course, im portant that the inks used should be of as last ing a quality as possible; but it surely is not of less importance to be able to determine whether or not these ink records are really authentic, and are really what they purport to be. Never theless, there has not been published anything of definite value bearing on the solution of the question of the age of a given ink writing; and presumably the subject has not even been carefully investigated, with such solution in view." This neglected problem of the age of writings is dealt with in this scientifically prepared article. Railway Rates. "The Commerce Clause and Intra-state Rates." By William C. Coleman. 12 ColumbiaLaw Review 321 (Apr.). "If the Minnesota decision is right, are not previous decisions overthrown and is not a 'different kind' of commerce added to 'new modes' of commerce? But 'The Constitution has not changed. The power is the same,' until the people, not the courts, through the exercise of their power of amendment see fit to enlarge it, by changing the Constitution." Recall of Judges. "The Judicial Recall." By Bruce B. McCay, Century, v. 84, p. 15 (May). "What is the difference between the verdict of a mob rendered without a trial and the verdict of a majority arrived at by mere rumor and report?" Real Property. "Estate Which a Trustee Takes." By Prof. Albert M. Kales. 6 Illinois Law Review 549 (Apr.). Treating of what estate vests in the trustee, under a variety of possible circumstances vary ing with the terms of the conveyance and the implied objects of the trust. Lucid analysis of a highly technical subject. "Capital and Income (Lifeowner and Re mainderman)." By Walter Strachan. 28 Law Quarterly Review 175 (Apr.). "I. Income as between lifeowner and remain derman includes such property or proprietary rights belonging to the trust estate as the lifeowner is entitled to by the express or implied terms of the trust instrument, by legal intendment, by the action of third parties, by statute, custom, usage, or otherwise. "II. Capital as between lifeowner and remain derman is any proprietary right belonging to the trust estate to which the lifeowner is not entitled."
