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Index to Periodicals

345

such a test would the difficulty of practical voluntarily inform itself even upon matters of application be so increased as to invalidate the great importance. The average voter regards it as one of the prerogatives of citizenship to whole project? Property. "Vested Rights: A Refutation of decide offhand upon the questions which face upon the referendum ballot. Most of Vice-President Marshall's Views." By Cyril him his blunders are ascribable to ignorance, care F. Dos Passos. North American Review, v. lessness, or indifference; they do not prove in capacity. They are among the lessons taught 196, p. 50 (July). "The right to devise and inherit are not only by the vote on the Ohio constitution of 1912." natural rights but also rights protected and "Can Two Propositions be United in One guaranteed by the constitutions of this country. Submission to the Voter?" By William P. These rights do not appear to be of equal obliga tion, for the right to inherit in case of intestacy Malburn. 47 American Law Review 392 (Maycan, of course, only be effective where no devise June). has been made. ... of all. The right of prop A recent decision wherein the legality of a erty, admitted in all quarters to be a natural municipal election authorizing a bond issue was and inherent right, involves in its very nature questioned, announces it to be a "well recognized and as one of its most important elements the principle of law that two propositions cannot right to transfer that property; there is no essen be united in the submission so as to have one tial difference between a transfer inter vivos and expression of the voter answer both propositions, one mortis causa for the very good reason that as voters thereby might be induced to vote in either case the right of the original proprietor for both propositions who would not have done expires at the moment of transfer." so if the questions had been submitted singly." Real Property. "Adverse Possession." By State v. Allen, 186 Mo. 673 (1905). "Is there such a well established principle of Nicholas J. Hoban, Jr. 76 Central Law Journal law, and if so, on what is it based?" 391 (May 30). The writer refers to the habit of courts to base A summary of the principles of a subject of decisions upon natural rights formulas rather importance in legal discussion. than upon principles, and says that if it is objec See Perpetuities. tionable to include two propositions in one Receivers. "Receivers under the Indiana submission, the remedy is by legislation. Remedies. "Election of Remedies, A Criti Statute." By Romney L. VVillson, Jr. 76 cism." By Charles P. Hine. 26 Harvard Law Central Law Journal 425 (June 13). A statement of the principles of the Indiana Review 707 (June). law of 1881 as judicially construed by the state "The result of this review of the operation courts. and history of the doctrine may be summed up this way: The modern rule of election of Referendum. "Voting Organic Laws." By in remedies is a weed which has recently sprung R. E. Cushman. Political Science Quarterly, up in the garden of the common law, its roots v. 28, p. 207 (June). stretching along the surface of obiter dicta but A study of the popular referendum vote on not reaching the subsoil of principle. The the fortv-two proposals of the Ohio constitution judicial gardeners through whose carelessness it has crept in should be able to eliminate it, of 1912 {See 24 Green Bag 506). "In this paper an attempt has been made to or at least to prevent its further growth." analyze the collective mind of the people of Special Legislation. "Some Aspects of Ohio, as it was brought to bear upon political Judicial Control over Special and Local Legis and economic problems of great importance. It has been shown that that mind was not lation." By Frederick E. Merrills. 47 Ameri adequately aroused nor sufficiently instructed; can Law Review 351 (May-June). that only about half of those who ordinarily "Some local or special legislation is often vote were interested in the constitutional changes desirable, an elaborate enumeration of and that thousands of those who did vote based limitations and thereon, such as is found in Alabama their decisions on insufficient data. In so far and other states, is apt to prove cumbersome and as generalization is admissable on the basis of unnecessary. The more satisfactory plan will such a vote, it appears that the people of Ohio be to reduce the number of specific prohibitions, are conservative when asked to spend money Michigan has done, and to devise other or to share political privilege. They welcome as methods of checking abuses which may result changes, however, which give them new political from special legislation. The Michigan plan rights or protect their economic interests or of submitting every special law to a vote of the increase their control over their political servants. community to be affected seems to be the most We have seen that the rural communities of the satisfactory plan that has hitherto been devised, state are very conservative, while the cities and is of course much more effective than the welcome political and economic changes. Al requirement in some earlier state constitutions though the vote was taken in the heat ofa politi notice of an intention to apply for a special cal campaign, partisan politics seem to have of to be published in the community to be exercised little influence upon the people's act decisions upon constitutional questions. Finally, affected." Testacy. See Property. we have seen that the public mind will not