Latest Important Cases Recall of Decisions. "The Recall of Deci sions: A Fallacy." By James B. McDonough. 75 Central Law Journal 35 (July 12). "Philosophically considered, the recall of deci sions is unwise because it is the making of a law by the exercise of the judicial power in govern ment. Conceding that the people have the absolute right to lodge the judicial power whereever they please, yet the experience of all great nations teaches that it is unwise to make laws by the exercise of the judicial power. No great nation has ever existed for long in which the judicial power made the laws. Under such a system the ruling power soon absorbs every other, and despotism follows." See Government. Recall of Judges. See Government. Taxation. "Tax Administration in New Jersey." By John M. Mathews. Journal of Political Economy, v. 20, p. 716 (July). Trade-Marks. "The Constitution and TradeMarks." By Arthur William Barber. Bulletin of United States Trade-Mark Association, v. 8, p. 119 (Apr.). "Congress can have no power to regulate trade-marks, except as a part of its power to regulate the traffic in the goods to which those marks are attached. Its right to regulate or control the use of those marks must begin only when the goods to which the marks are attached come within its control, that is, when they be come the subject of interstate or foreign com merce, and must cease when those goods pass beyond its control, that is, when they cease to be the subject of such commerce." Trade Secrets. See Literary and Artistic Property. Trusts. "The Place of Trust in Jurispru dence." By Walter G. Hart. 28 Law Quarterly Review 290 (July). "It seems, then, when we examine the matter, that those who maintain that a cestui que trust has jus in rem are confuted by their own explana tions of that term; that the view expressed by Holland, Langdell, and Maitland is the true gospel, namely, that his right ought to be re
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garded as jus in personam, since, although it can be enforced against a great many people, it cannot be enforced against everybody. "It is therefore submitted that in classifying the law or framing an ideal code trust ought to be placed, not under the law of property, but as Professor Holland places it, under the law of obligations and in the same subdivision as rights quasi ex contractu." Uniformity of Laws. "The Commission on Uniform State Laws — What It Is, What It Has Done and What It Needs." By Walter George Smith. 75 Central Law Journal 6 (J uly 5) . "Our great difficulty is lack of the necessary money to pay the expenses of printing, expert fees and for the meetings of committees. A very small appropriation by each of the states for the traveling expenses of their commissioners and a proportion of those of the Conference would give us the few thousands of dollars a year that we need, but only a very small num ber of the states makes any contribution for any of these purposes. Were it not for the generous support of a few of the states, especially New York, Pennsylvania and Connecticut and of the American Bar Association and of certain of the State Bar Associations, notably that of New York and of Illinois, our work could not have been of great significance. "Busy members of our profession are giving of their time to matters of vital interest to the community at large. It would seem that it needs but a proper appeal to the different legis latures when in session, by lawyers in each state, who know of the value of this effort for unifor mity of legislation, to obtain for our treasury the relief it sorely needs." Wagering Contracts. "Horse Racing and the Courts." By Almond G. Shepard. 19 Case and Comment 176 (Aug.). Workmen's Compensation. "Compensa tion for Accidents to Minor Workmen." By G. D. Valentine. 24 Juridical Review 1 (June). "Under the (British) Act of 1897 great hard ship often arose owing to the insufficiency of half the average weekly earnings at the time of an accident as compensation in a case where a minor had received serious injury."
Latest Important Cases Conspiracy. Can Venue of the Crime be Laid at any Place Where an Obert Act was Performed? — Effect of Federal Statute on Jurisdiction at Common Law. U. S. There was a strong dissent in the decision of the United States Supreme Court in the cases of Hyde v. U. S. (L. ed. adv. sheets p. 793) and
Brown v. Elliott (L. ed. adv. sheets p. 812), both decided June 10. In both cases, dealing with crimes of conspiracy to defraud, the majority opinion was written by Mr. Justice McKenna, with Mr. Justice Holmes dissenting, Justices Lurton, Hughes and Lamar concurring in the dissent.
