194
The Green Bag
"The Panama Canal Act and the British Pro test." By John Holladay Latane. American Journal of International Law, v. 7, p. 17 (Jan.). See p. 175 supra. Procedure. "Reformed Legal Procedure, Federal and State." By Everett P. Wheeler. 47 American Law Review 48 (Jan.-Feb.). An address given before the Cornell Univer sity School of Law. "It was the intent of Field, who drew the Code of 1848, that the practice under that Code should be what this new statute requires. That Code abolished writs of error, and provided that the review of judgments should in all cases be by appeal. David Dudley Field intended by this provision to enlarge the power of the Appellate Court. In 1848 it was perfectly well understood, as it still is in the federal courts, that on a writ of error it was the function of the court issuing the writ to inquire whether there was a reversible error apparent on the record. But an appeal carried up the whole record, and the Appellate Court was bound to render such judgment upon this record as the law and equity of the case required. This practice had come down to the courts of chancery and admiralty from the Roman law. . . . But unfortunately, the Court of Appeals in Griffin v. Marquardt, 17 N. Y. 28, adopted a more narrow rule and applied to appeals, even in equity cases, the practice that had come to prevail upon the deci sion of writs of error. The reason of this deci sion was that the judges of the Court of Appeals had grown up in the old system, were not in sympathy with the new, and therefore inclined to give to the new statute a strict and even narrow construction — or, to put it differently, the Code which Field drew and which the Legis lature enacted was in advance of public senti ment and even of judicial sentiment." "The New Rules of Practice for the Courts of Equity of the United States." By James L. Bishop. 4 Bench and Bar (n. s.) 16 (Feb.). "The result unquestionably is a forward step in the simplification of pleadings and practice which will guide the way to similar reforms in state practice and in the practice on the com mon law side of the federal court. The admir able style in which the new rules are presented furnishes in this respect a most acceptable model." See Judiciary Organization and Administra tion, Juries. Property and Contract. "The Nature of Tax Exemptions." By Prof. Frank J. Goodnow. 13 Columbia Law Review 104 (Feb.). Discussing the subject involved in the deci sion of the United States Supreme Court in Choate v. Trapp (1912), 224 U. S. 665. "The only reason then for considering as property, tax exemptions granted for a consideration is the desire to protect them from repeal upon the part of legislatures which constitutionally have the right of repeal. But it is doubtful if such a pur
pose is sufficient to justify the court, without citation of cases, to introduce into our law a doctrine which tends both to promote confusion and to impose upon the powers of both Congress and the state legislatures a limitation which has not hitherto been supposed to exist." Public Service Corporations. See Monop oly. Railways. See Monopoly. Social Legislation (Constitutionality). "The Judicial Censorship of Legislation." By Fred erick Green. 47 American Law Review 90 (Jan.Feb.). "Granting that in some states courts seem committed at present to too narrow a view of governmental power, still we may be confident that present methods of amendment, the people's control over the personnel of the bench, the susceptibility of judges' minds to reason, and the wholesome influence of discussion such as the country has been having of late will be enough to remove just discontent without sacrificing the benefits of our present system." "The Courts and Legislative Freedom." By George W. Alger. Atlantic, v. 11l, p. 345 (Mar.). "The legislatures and constitutional conven tions are debating proposals for the recall of judges, and the bar associations are adding to the general confusion by sweepingly denouncing, as demagogic attacks upon the courts, all pro posals of change except certain excellent, though tardy, measures of procedure-reform emanating from themselves. The platform of one political party advocates a simplification of the methed of impeachment. Between indiscriminate attack and unreasoning defense, the courts suffer both from their enemies and, if possible, still more from their friends; and sober-minded citizens are left without light or leading." See Government, Judicial Recall. Statute of Frauds. See Legal History. Suicide. See Insurance. Taxation. See Property and Contract. Trusts. "Power in Trustees to Make Leases." By Prof. Albert M. Kales. 7 Illinois Law Re view 427 (Feb.). A succinct exposition of the law, with little commentary. Wills. "The Form of a Will in Germany." By Henry Happold. 38 Law Magazine and Re view 154 (Feb.). Wilson. "The President." By E. S. [Ellery Sedgwick.] Atlantic, v. 111, p. 289 (Mar.). "Mr. Wilson is a very human person, detached from his fellows partly by shyness, partly by a native austerity, partly by a dutiful conception of life alien to most of us; a man who, seldom able to chat intimately with a friend, thanks God for one friend, at least, who will always chat intimately with him, and goes off cycling by himself with Elia crammed into his pocket; a
