488
The Green Bag
Evidence. "Circumstantial Evidence." By N. W. Siblcy, LL.M. 37 Law Magazine and Review 441 (Aug.). "According to some dicta of Lord Bramwell, in homicide cases, motives exist unknown and innumerable, and therefore to demand proof of specific motive is to requisition an impossible proof in some cases. At the trial of Rush for the murder of Mr. Jermy, Recorder of Norwich, Rolfe, B., observed, that 'it is true great crimes are often perpetrated without any imaginable motive, but when motives did appear to exist, they were so far a means of arriving at a satis factory conclusion.' It has been observed in the Court of Criminal Appeal that there is a great difference between absence of proved motive and proved absence of motive. Ellwood's Case [1908], 1 Cr. App. R. 181." Federal and State Powers. See Govern ment. Government. "New Nationalism and New Statehood." By John Maynard Harlan. Edi torial Review, v. 7, p. 676 (Aug.). "If government is not what it should be, the fault lies not in a defect of power in either nation or state, but in a failure on the part of the people, through their representatives, intelli gently to exercise the powers now completely vested in the states. We do not need a New Nationalism. We need rather a New State hood. We need no crusade for enlargement of the powers of the nation. All the industrial, commercial and social forces nowadays are centripetal and are operating irresistibly to increase national prestige and national power." "Labor Legislation and the Recall of the 'Judicial Veto.' " By Henry Winthrop Ballantine. Case and Comment, v. 19, p. 225 (Sept.). "The repeal of the 14th Amendment would leave to the state instead of the federal courts to decide what are the powers of the state legis latures over business and property. This would be much more in harmony with our system of government than to let corporations appeal to the courts of an external sovereignty, as they now do, for relief from state legislation." See Direct Government. International Arbitration. "General Arbi tration Treaties." By Hon. Richard Olney. 6 American Journal of International Law 595 (July). The writer does not accept the view that the United States has irrevocably abandoned the proposal for a general arbitration treaty with Great Britain. He proposes that a draft of a general arbitration treaty between nations be proposed by the American representatives at the next Hague Conference, so framed as to minimize if not remove objections to making all differ ences prima facie arbitrable. It would con duce to the success of such a proposal, he sug gests, if a reservation be inserted in such a treaty allowing the legislature of either of the contract ing parties to withdraw a special subject-matter
from arbitration by a declaration that it concerns its honor, independence, or vital interests. Thus the question would rest not with the treatymaking power, but with that part of the govern ment most directly responsive to public opinion. "The Real Significance of the Declaration of London." By Senator Elihu Root. 6 American Journal of International Law 583 (July). In his opening address as president of the American Society of International Law, deliv ered at its sixth annual meeting last spring. Senator Root explained the significance of the Declaration, as necessary to the existence of the International Prize Court and therefore of any Judicial Arbitral Court. "The Arbitration Treaties and the Senate Amendments." By William Cullen Dennis. 6 American Journal of International Law 614 (July). Opposing the ratification of the two treaties, but conceding their inspirational power. International Law. ture.
See Aerial Law, Cap
Judicial Recall. "The Recall of the Judges." By Prof. Edwin Maxey. Forum, v. 48, p. 294 (Sept.). "Viewing the judicial situation as we find it in the United States, it appears to us that in the reasonably short terms for which most of our judges are elected and the fact that life tenure may be changed to a fixed term of years, if deemed advisable, we have a sufficient safe guard against judicial usurpation or oppression, without resorting to a remedy attended with such evils as the judicial recall. The time may come when heroic remedies will be necessary, but we should not hasten to cross that bridge until we get to it." Maritime Law. tion.
See International Arbitra
Marriage and Divorce. "The Reporting of Divorce Cases." By Alfred Fellows. Fortnightly Review, v. 92, p. 321 (Aug.). "It must first be emphasized — a point often forgotten — that the court is open, not, like a circus, for the benefit of the audience, but solely for that of the litigants, prosecutors, and prisoners. Indirectly it is for the benefit of the public, but only because each individual may become involved in legal proceedings; the court is thrown open to ensure a fair trial and to prevent suitors being oppressed, but no per son has an inherent right to be present at a trial in which he is not directly concerned. For if the interests of justice or decency re quire it — a matter solely for the consideration of the judge — any court can sit in camera. Some years ago there was a doubt whether the divorce court could do so, but this has now been swept away, and the late Lord St. Helier sat in camera on a few occasions when the evi dence was more than usually revolting."
