402
The Green Bag
The danger is that they will go too fast; the field is largely new and experimental; they have much courage and enthusiasm, but they will greatly need the wise constructive and sym pathetic aid of the trained legal mind which not only knows the evils to be corrected, but fully understands the legal difficulties in the way. Here is where the opportunity and the duty of the lawyer of the twentieth century, in his capacity as a citizen, come together — an opportunity as valuable as the duty is impera tive. But no man can grasp the opportunity or discharge the duty unless he be not merely learned in the law, but a man whose education and reading enables him to bring to the subject the breadth of view of the patriot and the phil anthropist, as well as the accurate knowledge of the lawyer." Life Estates. "Implication of Life Estates, Distributive Construction and Disposition of Intermediate Income." By Albert M. Kales. 10 Michigan Law Review 509 (May). Martial Law. "Martial Law." By Henry Winthrop Ballantine. 12 Columbia Law Review 529 (June). Inter armes silent leges "clearly does not mean that on the occurrence of war, the government of England, of the United States, or of a state can by proclamation be converted into a mili tary despotism." Monopolies. "The Conservation of Business Opportunity." By Gilbert H. Montague. Jour nal of Political Economy, v. 20, p. 613 (June). At the Congressional hearings on trust regu lation, when the United Shoe Machinery Com pany was under consideration, it was "the over whelming testimony of small shoe manufac turers, and of numerous large manufacturers who had risen from small beginnings, that their business existence depended, and still depends, upon the leasing system, as distinguished from the system of outright purchase; upon the con centration of machinery manufacture and repair service, as distinguished from the variety of manufacture and repair service by different machinery manufacturers; and, above all, upon the absolute equality of treatment toward every shoe manufacturer, 'big and little, rich and poor, on the same terms.'" "Political Obstacles to Anti-Trust Legisla tion." By H. Parker Willis. Journal of PoliticalEconomy, v. 20, p. 588 (June). The first political obstacle to the amendment of the Sherman Anti-Trust law is the lack of
consecutive presentation and advocacy of some plan of amendment for more than a year at a time. A second obstacle is found in the pres sure of strong, although obscure, special in terests which have grown up. The third, and probably one of the most serious obstacles, is the refusal of politicians to admit that the trust question is complex in its nature and can be dealt with only through action along a number of different lines. "The Trust Problem — Prevention vs. Alle viation." By Chester W. Wright. Journal of Political Economy, v. 20, p. 574 (June). "We should inquire whether a policy of regu lation discriminating between trusts and trust evils, and based on preventive methods, should not be substituted for our present indiscriminate, purely alleviative, and generally ineffective policy of destruction and enforced competition." "Labor Organizations and the Sherman Law." By James A. Emery. Journal of Political Econ omy, v. 20, p. 599 (June). Mortgage.
See General Jurisprudence.
Panama Canal. "The Panama Canal." By George D. Smith. 7 Illinois Law Review 98 (June). Treaty provisions are examined, and the proposition advanced that "the United States has an unmistakable right to fortify at all times, and in its discretion, for the purpose of protecting its own interests, but aside from that the treaty imposes on the United States an unmistakable duty to fortify." Patents. "Restrictions on the Use of Pat ented Articles." By Edward S. Rogers. 10 Michigan Law Review 608 (June). "In conclusion, the case of Henry v. Dick does not, in the opinion of the writer, depart from accepted doctrine, but, on the contrary, is a reaffirmance by the Supreme Court of a rule of law and of policy long established and widely acted upon." Penology. "The Suspended Sentence and Probation in Theory and in Practice." By William McAdoo, Chief City Magistrate. Bench & Bar, N. S., 58 (June). "I can only speak for myself when I say that I believe it would have to be an extraordinary case if a man who was convicted for the second time of burglary, robbery, picking pockets, or any of the other deliberate and premeditated crimes, would be given by me the privileges of probation. Most of these people are deter-
