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The Green Bag
whether penal or remedial, shall be accorded a person who commits a wrong while suffering from a mental disease, the proposed statute provides a method, which it is believed will be effective, for securing the proper release and preventing the improper release of persons who have been confined because of their unsound mental con dition. The proposals are, however, presented tentatively, and further consideration and criti cism of them arc desired." Insurance. "Election in Insurance Cases." By George Richards. 13 Columbia Law Review 51 (Jan.). Taking issue with the suggestions of a recent writer on this subject in 12 Columbia Law Review 619 (see 24 Green Bag 563). International Arbitration. "A Perma nent Court of International Justice." By James L. Tryon. 22 Yale Law Journal 203 (Jan.). In view of the appearance of other current contributions to the subject, this article is re served for special notice in the Green Bag next month. International Law. See Aliens. Legal History. "The Genius of the Common Law; VII, Perils of the Market Place." By Sir Frederick Pollock. 13 Columbia Law Review 1 (Jan.). See 24 Green Bag 225. Marriage and Divorce. "A Divorce Court in Canada." By E. F. B. Johnston, K.C. 49 Canada Law Journal 1 (Jan.). "The want of uniformity in Canadian divorce law is one of the strangest features in an other wise reasonable Constitution. In British Colum bia there is a Divorce Court based somewhat on the principles of the English law, under the Act of 1857. Courts for granting absolute divorces were established in New Brunswick, Nova Scotia and Prince Edward Island before Confederation, and these were continued by sec. 129 of the B.N.A. Act, 1867. Ontario, Quebec and the remaining provinces of the Dominion are without Courts of Divorce, and the application for relief must be made to Parlia ment, both bodies having to pronounce the dis solution of the marriage obligation, which is done by a hearing of witnesses before a Senate Com mittee, and if a proper case is made out, this is followed by a private Act of the House of Com mons. It is certainly one of the most remarkable anomalies in the history of constitutions. The exclusive right to legislate on marriage and divorce is given by the British North America Act, 1867, to the Parliament of Canada, and yet notwithstanding the British North America Act there is no uniformity of the law, and the right is, as I have stated, exercised under a saving clause by several of the Provinces to the exclu sion of Dominion authority." Monopolies. "Trust Regulation, II: Expe
diency of Commodity Court." By Albert Fink. North American Review, v. 197, p. 222 (Feb.). "It would seem that the suggestion of a Com modity Court or Commission with the jurisdiction and powers proposed is not only unneces sary, but utterly impraticable, except with such fundamental changes and modification of com mercial intercourse as would meet the approval of no one." "The Evil of Special Privilege." By J. New ton Baker, LL.D., J. D. 22 Yale Law Journal 220 (Jan.). "That a merely permissive federal incorpora tion statute would be of little value is manifest because only those corporations which thought they might secure some advantages through Federal incorporation would resort to it, while if they thought they could profit better by state incorporation they would not submit themselves to federal jurisdiction, and therefore it would be an option solely for the advantage of the cor poration. Instead of being merely permissive it should be compulsory, and if permissive, only such corporations would come under its provi sions voluntarily as sought an avenue to escape the general condemnation that is threatening their business and credit." Negotiable Instruments. "Bank Deposits and Collections; II, Deposits of Commercial Paper." By Ralph J. Baker. 11 Michigan Law Review 210 (Jan.). "It is hoped that the discussion has at least made this much clear, that the definite issue is whether the deposit (whether of money or of paper) creates between the bank and its cus tomer the relation of debtor and creditor, or on the other hand, of agent and principal or bailee and bailor; and that it is impossible for the bank, with respect to the same subject-matter of deposit, to be both debtor and agent of the depositor at the same time. The two relations are mutually exclusive, and the consequences of one make impossible the consequences of the other." Penology. "Prison Bars." By Donald Lowrie. Forum, v. 49, p. 76 (Jan.). Mr. Lowric draws attention to some startling contrasts in the administration of the law in California. "I know," he states, "a professional 'crook,' a man thoroughly familiar with court procedure, who was sent back to San Quentin for his tenth offence with a sentence of one year. He had served nine previous terms for felony. I know another man who came back the seventh time with a sentence of two years. I know five youths, all under 21 years of age, who were sentenced to serve 50 years each for their first offense. A particularly atrocious robbery had occurred in the community, and they, the subsequent and minor offenders, were used as 'examples.'" "Do you wonder," Mr. Lowrie adds, "that I advocate the indeterminate sentence?" See Indemnification for Errors of Criminal Justice, Insane Prisoners.
