Page:The Green Bag (1889–1914), Volume 25.pdf/366

This page needs to be proofread.


Index to Periodicals that England has granted to each of her oversea dominions." See Referendum, Special Legislation. Impeachment. "The Impeachment of the Federal Judiciary." By Wrisley Brown. 26 Harvard Law Review 684 (June). "The impeachment prescribed by our Con stitution weighs well the evil to be redressed and adjusts the ordained relief to the occasion. It is the expression of the sober will rather than the restive whim of the people. It restrains judicial tyranny without overawing the author ity of the courts. It regulates the conduct of the judges without disturbing the poise and balance of their judgments. It strikes directly at the judicial fault without destroying the judicial independence that is essential to the preservation of our constitutional jurisprudence. This great body of fundamental law must be maintained intact. It absorbs the changing needs of changing times yet does not change. Upon it the stability and the integrity of our institutions rest. Upon it our civil liberties depend. And without it our republican govern ment could not long endure." International Arbitration. "Settlement of International Disputes by and between the English Speaking Nations." By Hon. William Renwick Riddell. 22 Yale Law Journal 545 (May), 583 (June). A brief history of the disputes settled by arbi tration up to the present time. Interstate Commerce. See Federal Incor poration, Intoxicating Liquors. Intoxicating Liquors. "The Webb Act." By Allen H. Kerr. 22 Yale Law Journal 567 (June). "In order to sustain the Webb Act a generation of strong decisions will have to be overruled, the theory of interstate commerce control as the exclusive prerogative of the United States will have to be abandoned and state laws given an extra-territorial effect co-extensive with the Union — a combination of opposing forces with which the Webb Act does not seem robust enough to contend." Judiciary Organization. "American Courts in the Orient." By Arthur F. Odlin. 47 American Law Review 21 (May-June). Address delivered before the Florida State Bar Association at Jacksonville, Florida, at the annual meeting in 1912. There is a talented American lawyer at the head of this court [in China], with his own mar shal, prosecuting attorney and clerk. He sits at Shanghai, Canton and Pekin. Appeals and writs of error from his judgments go to the cir cuit court of appeals at San Francisco. His appointment comes from the President, with confirmation by the Senate, and his tenure is six years, with a salary of $8,000 per year. The fact that very few cases have been carried to the appellate court, while the number disposed

343

of has been quite large, is conclusive proof of the high character, usefulness and efficiency of this court. It has a great opportunity to estab lish in that vast country, upon which today are focused the eyes of the whole world, a respect and even an admiration for the government of the United States." Jury Trial. See New Trials. Labor Unions. "Trade Union Funds." By T. Baty. Westminster Review, v. 179, p. 613 (June). "The general theory of the liability of in dividuals for the acts of their servants and agents is a very dubious thing. It is dubious in morals. It is unknown to the civil law on which modern jurisprudence has been modelled, and on which it has not improved. Its extension to the case of corporations was a bold step from which some of the clearer thinkers shrank. Its extension to loose organizations would be madness. And it would cut both ways. Not only would the great strength of capitalists — their capital — be exposed to attack, on vague allegations of mutual association; but the recognition of the liability of the union's funds for the acts of union officials would give color to the sentimental idea that the activities of a society are not limited to those comprised in its proposed objects, but may be whatever 'it' chooses to take up — i.e., whatever its officials like to launch into. . . . "The true remedy, as we conceive, is not to make the contributor to trade funds a vicarious sacrifice for the sins of those who administer them. Vicarious liability is always resented. It always produces friction. And it seldom or never does any good. The true remedy is the certain and immediate fastening of respon sibility on the individual responsible for any case of union injustice." Lawyer and Client. "The Passing of the Legal Profession." By George W. Bristol. 22 Yale Law Journal 590 (June). "It may be better for society that titles be searched, that wills be drawn, that litigation be conducted and corporations organized, by cor porations. It may be better for society that the lawyer be eliminated entirely. Then why not let the corporation appear as attorney of record in cases and do away with the legal fiction of having a lawyer appear as attorney for a party in a case when the real relationship of attorney and client does not exist, when the corporation is the real master and the lawyer a mere puppet in its invisible hands." Legal History. "Colonial Appeals to the Privy Council, I." By A. M. Schlesinger. Political Science Quarterly, v. 28, p. 279 (June). It is of interest to learn that "at least three cases appealed to the English tribunal involved the important principle of American juris prudence which accords to the judiciary the power of declaring invalid an act of a subordi nate legislature. See Pleading. Monopolies. "Some Reflections on the