Page:The Green Bag (1889–1914), Volume 25.pdf/337

This page needs to be proofread.


The Green Bag

as to general facts, and it may be questioned whether courts of law do not attach too much importance to specific memories." An interesting communication from Professor E. B. Dclabarre ("Retrotractive Amnesia and Confessions of 'Self-Robbery,' " p. 839) tells of several cases of obliteration of the memory of recent events by sand-bagging and other accidents. Albert S. Osborn, in an article which will interest lawyers who have anything to do with questioned docu ments and forgery cases ("Form Blindness," p. 800), writes of the widely divergent abilities of different observers, and presents several graphic diagrams. The uses of psychology in the law of negli gence are suggested by a paper contributed by Christian Doerfler ("A Psycho-Legal Discovery," p. 808). This article describes the psychological principle underlying the decision of the Wis consin Supreme Court in Kazcmarek v. Geuder Paeschke &■ Frey Co. 148 Wis. 40, where the employee was allowed to recover for injuries he had received during his operation of a machine which required a rapid sequence of automatic movements of the hand undirected by the will. (See 24 Green Bag 152.) Another writer takes up a psychiatric phase of the subject (Shepherd I. Franz, "The Mental Status of Some Cranks," p. 832) and urges the importance of early recognition of such types of paranoia as those instanced, whether of the responsible or " demi-responsable" variety. Judge George W. Atkinson ("Psychology and the Law," p. 817) maintains the metaphysical principle of free-will. "The fundamental aim of jurisprudence is to realize external freedom by removing the hindrances imposed on each other's free action through the interferences of other wills." Public Nuisances. "Equity Jurisdiction to Abate and Enjoin Illegal Saloons as Public Nuisances." By Prof. Henry Schofield. S Illi nois Law Review 19 (May). "When the Illinois Supreme Court [Stead v. Fortner, 255 Il1. 468J says such legislation is but declaratory of an existing jurisdiction to shut up and close illegal saloons as public nuisances by the writ of injunction against the saloon-keeper, reaching back to the days of Elizabeth, the court is simply going against the whole current of English and American judiciary law. It always has been universally understood and dec lared by judges, lawyers and text-writers alike, that these modern prohibitory liquor statutes in several of the states authorizing and requiring the courts to issue the writ of injunction against saloon-keepers, are innovating statutes, intro ducing new doctrine on the point of the ade quacy of the remedy at law to shut up and close illegal saloons as public nuisances simply because they are illegal." Questioned Documents. See Psychology. Real Property. "The Lien Theory of the Mortgage — Two Crucial Problems." 11 Michi gan Law Review 495 (May). The writer in a former article (10 Mich. L.

Rev. 587, see 24 Green Bag 400) concluded that the interest of the mortgagor, in states adopting the lien or equitable theory of the mortgage, is a legal interest in the land as distinguished from an equitable interest, a right in rem as distin guished from a right in personam, a right which in the terminology of jurisprudence would be a "hypothecation" (Holland, Jurisprudence, 10th ed., pp. 183-225). This later article is written to obtain confirmation of a conclusion which seems remote, though its premises are found in our case law. After examining the two specified problems in the light of judicial opinions the author maintains that a logically consistent theory of real property requires acceptance of the principle of a legal interest in the land. See Husband and Wife. Scandalum Magnatum. "Scandalum Mag nat um in Upper Canada." By Hon. William Renwick Riddell. 4 Journal of Criminal Law and Criminology 12 (May). This action became obsolete in England, no instance of its use being found later than 1710. One attempt, and only one, was made over a century ago to bring the action into force in Upper Canada, by Mr. Justice Thorpe. Social Legislation. See Minimum Wage, Teachers' Pensions, Workmen's Compensation. Teachers' Pensions. "Constitutionality of Teachers' Pensions Legislation: I, Pension Laws in General." By H. L. Wilgus. 11 Michigan Law Review 451 (May). A detailed analysis of the principles which have been established by the courts in dealing with this subject. This exposition will appeal to those who are interested in studying the broaden ing scope of the police power along the line of Professor Goodnow's treatment. (See 24 Green Bag 483.) In the second part the author will later dis cuss the constitutionality of a bill pending in Michigan. Uniformity of Law. "Needed: A Uniform Law Merchant." By C. A. Douglas. 1 George town Law Journal 202 (May). The writer favors an amendment to the federal Constitution granting the necessary power to Congress to pass a Law Merchant for the entire commerce, intra-state as well as inter state, of the United States. Vlsigothic Code. "The Forum Judicum (Fuero Juzgo). A Study in the Early Spanish Law." By Charles Sumner Lobingier. 8 Illinois Law Review 1 (May). References are to Scott's "Visigothic Code." An exposition of the system of law in general outline, with some incidental historical dis cussion. Witnesses. See Psychology. Workmen's Compensation. "Workmen's Compensation Acts as Thus Far Considered in