Index to Periodicals The New Zealand statute is held up as a good example (Cons. Stats., no. 50, s. 65): — "The court may, on the application of either the petitioner or the respondent, or at its dis cretion, if it thinks it proper in the interest of public morals, hear or try any such [i.e. divorce] suit or proceeding in chambers, and may at all times, in any suit or proceeding, whether heard or tried in chambers or in open court, make an order forbidding the publication of any report or account of the evidence or other proceedings therein, either as to the whole or any portion thereof, and the breach of any such order, or any colorable or attempted evasion thereof, may be dealt with as contempt of court." Monopolies. "A Group of Trusts and Com binations." By W. S. Stevens. Quarterly Journal of Economics, v. 26, p. 593 (Aug.). An interesting chapter of recent economic history, treating of the methods of the Electric Lamp Combination, the Keystone Watch Case Company, the United Shoe Machinery Com pany, the Consolidation Coal Company, the Bath Tub Combination, the National Cash Register Company, and several wholesale and retail dealers' associations. Particular attention is given to the methods practised for the suppression of competition. "So much stress has been laid upon the To bacco and Standard Oil decisions, so much emphasis given to the fact that the dissolutions of these two great combinations have left them in practically the same situation as before, that other suits brought by the Government have been completely overshadowed. To those ob sessed with the idea that combination is a natural phenomenon and that competition is essentially anarchical and ipso facto undesirable, and to those who desire the repeal or amend ment of the Sherman Act, the method of disso lution employed in the case of these conspicuous corporations is a proof of the impossibility of real competition, the absolute necessity of com bination, and the general uselessness of the Sherman Act. While not in the least denying the existence of the tendency to co-operation in business, it is the belief of the writer that the fundamental basis upon which it rests is unrea sonable restraint of trade. In other words, if the Sherman Act can eliminate certain piratical and predatory methods of competition, a large proportion of the 'natural' tendency toward combination would dissolve into the thin air." Newspaper Reports of Divorce Cases. See Marriage and Divorce. Penology. "Criminals and the Criminal Class." By W. S. Lilly. Nineteenth Century, v. 72, p. 371 (Aug.). The writer, who professes his belief in the retributive theory of punishment, says of the habitual criminal: "What he has a right to is justice. And it is supremely just that one whose whole existence has been a perpetual warfare against civilized society should be cut off from civilized society. It is the righteous retri bution which reason itself prescribes. That is its first justification. The second is that it
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would be eminently deterrent. Nothing except his miserable life is dearer to a malefactor than his personal liberty." Political Issues. "The New Political America." By James Milne. Fortnightly Review, v. 92, p. 272 (Aug.). "It is hard to convince an American, unless he happens himself to know, as many do, that England today is much nearer being a real democracy than America. . . . Perhaps it would be fair, as well as informing, to say that there is a certain analogy between the consti tutional problem which is surely emerging in America, and the constitutional problem of the Lords which we have recently solved. . . . Wherever one looks in America there is the 'flowing tide,' and it will bring more than new wine in old bottles." Two things are coming, "legislation toward a more responsive political machine," and a tariff for revenue. "The Political Situation." By Col. George Harvey. North American Review, v. 196, p. 289 (Sept.). A remarkably acute analysis of the present strength of Taft, Wilson, and Roosevelt, and of the outlook of the results in the electoral col lege. A strong demonstration is given of the likelihood of a deadlock between Wilson and the opposition, leaving to the House of Represen tatives no alternative but the election of Sher man. "The actual situation now existing resolves to this: — "Wilson will probably be elected. If he car ries New York he cannot be beaten. "Neither Taft nor Roosevelt can win. "A vote for Taft is a vote for Sherman. "A vote for Roosevelt is a vote for Sherman. "A vote for Wilson is a vote for Wilson." "Democracy in Europe." By Samuel P. Orth. North American Review, v. 196, p. 406 (Sept.). "In the light of recent movements in Europe our democracy remains the most conservative democracy in the world. Can you imagine a transformation in the Federal Senate such as the English democrats affected in their House of Lords? Or the kaleidoscopic changes of Paris taking place at Washington? Or the Erfurt Programme of Herr Bebel's party adopted as the platform of either of our great parties? "It is true we have no burdensome militarism, no hereditary tinsel, and have achieved universal manhood suffrage. In spite of all this, democ racy in Europe is more radical in theory' and in practice than democracy in America. This will remain true just as long as the laboring-men continue to trust the promises of the old parties. When their suspicions and their prejudices impel them to organize a genuine political Labor party of their own, European Social Democracy will invade our Capitol. "Maybe that day is not far distant." Procedure. "Cardinal Principles to be Ob served in Reforming Procedure." By Prof. Roscoe Pound. 75 Central Law Journal 150 (Aug. 23).
