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The Green Bag

historical study helps one to understand why the twenty-fifth section has so long stood un changed in spite of all efforts for its amendment. See Government, Social Legislation. Contingent Fees. See Expert Witnesses. Corporations. See Monopoly. Courts. See Judiciary Organization. Disparagement of Property. "Disparage ment of Property; II, Actual Damage." (Con cluded.) By Prof. Jeremiah Smith. 13 Colum bia Law Review 121 (Feb.). "The most frequent ground for recovery is the loss of a chance to sell or lease the property, the title to which is disparaged. But this is not the only instance where recovery is allowed. In the early case of Newman v. Zachary (1671) Aleyn 3, the false statement, instead of pre venting a sale of plaintiff's animal, caused its seizure as an estray. Plaintiff recovered for the damage occasioned to him by the seizure." Due Process of Law. See Property and Contract. Evidence. See Juries. Expert Witnesses. "Expert Testimony." By Edward J. McDermott. 47 American Law Review 35 (Jan.-Feb.). "In all cases the compensation of an expert, whether called from the list of the court or selected by the parties alone, should be con trolled by the court, and the expert should be criminally punished if he attempts to col lect, or contracts for, any compensation other than that allowed by the court or the statutes. I once saw, by accident, the private ledger of a physician who frequently appeared as an expert witness in court, and his books showed that in cases in which he testified, he got no fee if his employer lost, and he got a big percen tage if the amount recovered in case of victory. Such a practice must produce perjury and coruption." Fifth Amendment. See Property and Con tract. General Jurisprudence. See Commercial Law. Government. "Expert Administrators in Popular Government." By A. Lawrence Lowell, President of Harvard University. American Political Scinece Review, v. 7, p. 45 (Feb.). "If democracy is to be conducted with the efficiency needed in a complex modern society it must overcome its prejudice against permanent expert officials as undemocratic. . . . Mr. Dalrymple, the manager of the Glasgow tramways, reported to the mayor of Chicago that it was hopeless for the city to think of operating the street railroads so long as the officials were appointed for short terms from political motives. . . . The merit of the commission plan will probably depend upon the capacity it develops for providing expert administration, and that in turn involves a matter little understood in

America — the proper relation between the expert who carries on the public service and the representative of the public under whom he serves." "A Government of Men." By Albert Bushnell Hart. American Political Science Review, v. 7, p. 1 (Feb.). In this presidential address delivered before the American Political Science Association, Professor Hart does not oppose the influence of men of ability; he urges on the other hand the necessity of able leaders, in "that government of men which is to supplement, but not to super sede, the government of laws." "The Presidency of the French Republic." By Prof. James W. Garner. North American Review, v. 197, p. 335 (Mar.) . "In electing M. Poincare President . . . the National Assembly has broken the custom here tofore followed of choosing only respectable and obscure politicians. He is the strong man of France today and the only real statesman and leader to reach the Elysee since Thiers's retire ment in 1873. He is a distinguished scholar, orator, and lawyer, and his conduct of the foreign policy of France during the past year has been characterized by a high order of statesmanship which has won for him wide popularity at home and general respect abroad. Unquestionably the feeling is spreading in France that the President should be allowed to exercise more real power in the government of the country." "Amending State Constitutions." By Chief Justice J. B. Whitfield, Florida Supreme Court. 11 Michigan Law Review 302 (Feb.). Rather an exposition of the law govern ing the amendment of constitutions than a discussion of social or political aspects of the subject. "The Virginians and Constitutional Govern ment." By Thomas Nelson Page. North American Review, v. 197, p. 371 (Mar.). "For the first time in more than a generation a man of Virginia birth, of Southern rearing, and of experience covering both the South and the North, and therefore of a knowledge of the conditions of both sections, has been elected President of the United States, Chief Magistrate of this nation. ... A profound student of comparative politics from his youth, deeply read in the science of government, on which he has been a thoughtful commentator; abso lutely familiar with the history of this country, he brings to the exercise of his exalted office as great promise of soundness of view, loftiness of purpose, and steadfastness of principle as any man has done since the days of Washington. . . . Old Virginia is doing her part in the new movement. She has of late years been coming to the fore and resuming her position of primacy in the national counsels." See Administrative Powers, Cabinet, Con stitutionality of Statutes, Judicial Recall, Social Legislation. Insurance. "Life Insurance — Suicide and