Index to Periodicals 'restraint of trade' being essentially distinct from that against restriction upon competition, as shown by the history of their origin and develop ment. The result has been confusion between remedy for a public injury, produced by a restric tion upon competition, and remedy for a private injury produced by a so-called 'restraint of trade.'" Negotiable Instruments. "Bills of Ex change." By Prof. J. Laurence Laughlin, University of Chicago. 19 Case and Comment 374 (Nov.). "One of the grave defects of our antiquated monetary system is that our national banks are not authorized to accept time bills of exchange. . . . "In this country, the promissory note is the instrument commonly dealt in by our national banks. Its character is often purely local, because the merchant or manufacturer who makes it may not be known outside his com munity. Efforts to rediscount it with other banks are viewed, in many cases, with distrust. Its use deprives us of a rediscount system, such such as European countries enjoy. "This defect in our banking laws inflicts great loss on our business men, keeps interest rates at an unnaturally high level, and shuts out millions of foreign capital from our shores. It explains why American borrowers of the best standing pay 5 per cent for three months' money, while French bankers are likely to be lending millions in Germany at 4 per cent." Patents. "The Spirit of the American Patent System." By Gilbert Holland Mon tague. North American Review, v. 196, p. 682 (Nov.). "Now, the all-important circumstance, which the majority of the Supreme Court held clearly in view, but which Chief Justice White com pletely overlooked, is that no license restriction, such as the Mimeograph case involved, is en forceable, or ever has been enforceable, or ever can be enforceable, under the law, unless the restriction be brought home to the person acquiring the title at the time the article is acquired. To make a license restriction enforceable, the patent-owner must give the purchaser notice that he buys the machine with only a qualified right of use. The notion, engendered by Chief Justice White's dissenting opinion, that Henry would have been held as an infringer if any mimeograph-user had bought his ink at a corner drug-store has absolutely no foundation in fact. Only such dealers as sell supplies to users whom they know have bound themselves by license restrictions forbidding the use of such supplies, and whom they expect and intend and know will use their supplies to violate this license restriction, and whom they deliberately instigate in this nefarious enterprise, have anything to fear from the Mimeograph case. "Since Chief Justice White overlooked this point, it is hardly strange that the public should have ignored it." Penology. See Capital Punishment.
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Police Administration. "The Problem of the New York Police." By Sydney Brooks. Nineteenth Century, v. 72, p. 687 (Oct.). "The people of New York simply have not the power, even if they had any real insight into the fundamentals of the problem, to ordain that the Chief Commissioner shall be kept in office during good behaviour, that the force under him shall be organized on a semi-military basis, and that the State Legislature shall be deprived of opportunity for meddling with the details of police administration. The only power that could effect these revolutions is in the hands of the pol iticians, and their interests are on the side of leaving things as they are. "I should hardly call it an exaggeration to as cribe three-fourths of the short-comings of the New York police to the influence of the politicians. It is the politicians who are responsible for the general contempt for law that results from the passing of innumerable enactments which are never meant to be enforced, and which are simply used as occasions for blackmail. It is the politi cians who prevent the organization of the force along the only lines compatible with decency and efficiency, by making the Chief of Police a political nominee of the machine. . "Of all the crimes of the politicians against the good name of the city of New York, the worst and the most far-reaching is their prosti tution of the magistrate's bench. A magistracy appointed by, recuited from, and dependent upon the local political machine is an insuperable obstacle to civic decency. All the police magis trates in New York owe their posts to the mayor, who turn in owes his post to the politicians, who in their turn owe their power to their thorough control and organization of the criminal and alien classes. A careful New York publicist, with a minute knowledge of his subject, wrote some five years ago: ' It is almost the unanimous opinion of those who come in contact with them that a majority of the fourteen magistrates now on the bench in Manhattan and Bronx can be illegiti mately influenced, or " seen," to adopt the euphemism commonly employed.' General Bingham went so far as to declare that the presence of 'a crooked or supine or incompetent judiciary ' was at the root of the police problem in New York." Principal and Agent. "The Law Relating to Commissions to Real Estate Agents." 48 Canada Law Journal 549 (Oct. 15). An extended annotation to the recent case of Haffner v. Crundy, in vol. 4 of the Dominion Law Reports, at p. 531, exhausts the Canadian authorities of the past few years on the subject. This note is here reprinted in full, forming a comprehensive digest of obvious value to law yers outside the Dominion. Private International Law. "Private Inter national Law." By A. V. Dicey, K. C. 28 Law Quarterly Review 341 (Oct.). A luminous review of the lately published fifth edition of Professor Westlake's Treatise on Private International Law." See Domicile.
