Page:The Green Bag (1889–1914), Volume 25.pdf/379

This page needs to be proofread.


The Green Bag

specific evidence. ' The resale price deci sion, in the Bauer case, shows an even more marked tendency to bring paten tees within the application of the Sher man law than was exhibited in the Bath Tub case. The decisions in the Minne sota and Missouri Rate cases are more favorable to the states than to the rail roads, indicating the reluctance of the Court to proceed too rapidly in prohibit ing the "burdening" of interstate com merce by the provisions of state laws. The Court is obviously in sympathy with the program of restriction of rates on a basis of fair return on the invest ment actually devoted to the public service. Massachusetts Legislation of l913 A number of acts of direct concern to the legal profession were passed by the Massachusetts legislature this year. Of these possibly the most important is that to simplify procedure and to avoid repetition of trials and unneces sary delays (ch. 716). As first written the bill was brief, but was subsequently lengthened and carefully redrafted at the hands of the Legislative Committee of the Massachusetts Bar Association. One of the objects of the law is to assist the appellate court by encouraging the framing of separate issues and taking of special verdicts in the trial court, in order to permit of a reversal by the higher court upon the findings of the jury without any necessity for the ex pense and delay of a new trial. The substantive features of the law are modeled on the best standards and its enactment assists in the reforms advo cated Chapter by the652, American "An Act Bar to Association. Regulate Appeals in Criminal Cases," amends pre-existent law by permitting trial courts, at their discretion, to hold mis demeanants on their own recognizance,

instead of committing them to abide sentence, in all cases appealed from the court of first instance to the Superior Court. The most important law relating to the administration of criminal law is the act establishing Boards of Parole and an Advisory Board of Pardons. This measure had the earnest support not only of Governor Foss, who has taken much interest in penology, but of the new chairman of the Prison Commis sioners, Mr. Randall, who recently came to Massachusetts from Minnesota. Two Boards of Parole are created, one for the State Prison and Massachusetts Re formatory, the other for the reformatory for women. All the powers of the Prison Commissioners in the matter of parole are transferred to these new boards. Employment of such additional agents as may be needed to secure em ployment for paroled prisoners is author ized. The more important of the two parole boards is made an Advisory Board of Pardons upon which the Gov ernor may call at any time for a report containing its conclusions and recom mendations. The act directs that infor mation and recommendations shall also be obtained from the Attorney-General, district attorney, or trial justice in cer tain instances. This important act be came effective July 1. There are few other acts relating to purely legal matters. Chapter 644, which is of minor importance, makes a slight amendment the object of which is to define more clearly the venue of transitory actions in inferior courts. The work of the National Commis sioners on Uniform State Laws is actively encouraged again this year by the pas sage of two of the acts recently drafted by the Conference, that to make uni form the law of marriage by providing that a marriage in another state or