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The Green Bag

lation may seem to impair what is called the reserved power of the states, then it is competent for Congress to enact laws of the following character : "First: To declare the violation, or at tempted violation, of any existing treaty of the United States with any foreign nation to be an offense against the laws of the United States, and providing adequate punishments according to the grade of the offense and the official respon sibility of the person offending. "Second: To provide that all injuries to per sons or property of aliens who are within the protection of any treaty obligation shall be cognizable by the courts of the United States, concurrently with the state courts. "Third: To confer jurisdiction upon the federal courts to entertain applications for extraordinary legal and equitable writs at the instance of the Government of the United States against any persons whose acts threaten to vio late treaty obligations and perhaps against a state as such. "Fourth: To authorize the use of the armed forces of the United States to carry treaties into effect or to prevent their breach." Canada. "The Alberta and Great Waterways Railway Case." By A. H. F. Lefroy, K.C. 29 Law Quarterly Review 285 (July). "It is of epoch-making importance so far as concerns the powers of provincial legislatures in Canada, under the constitution of the Dominion established by the British North America Act, 1867, over 'property and civil rights,' or, at all events, over 'civil rights,' in the respective provinces." See Legal History. Illegitimacy. "The Problem of Illegitimacy in Europe." By Victor von Borosini. 4 Journal of Criminal Law and Criminology 212 (July). "The statistics of firstborn legitimate children reveal that in Berlin 45%, in Dresden 48%, in the kingdom of Saxony and in rural Denmark 39%, and in Amsterdam 26.4% are born less than seven months after the wedding. ... "Of Berlin's registered prostitutes, 75.7% were of bastard origin, according to statistics published about 10 years ago. Of 88 girls be tween 15 and 17 dealt with by the juvenile court of Munich in 1911, 33% were of illegitimate origin. The same is the case in 23% of regis tered prostitutes and of 28% of the girls arrested for soliciting in Munich. Illegitimately born girls are, as these figures reveal, in greater danger of becoming law breakers, are more handicapped in the struggle for life, than the men, and ought for these reasons to be placed under the special care and supervision of the state and the muni cipality." Indictments. "Simplified Criminal Accusa tions and the Supplementing and Amending Thereof." By L. Pearson Scott. 61 Univ. of Pa. Law Review 540 (June). The writer makes a thorough examination of the law which governs the form of criminal accu sations, and makes out a clear case in favor of

the constitutionality of any simple form of indictment which gives the accused fair notice of the nature of the charge lodged against him. International Law. "The American Insti tute of International Law." By James Brown Scott. 61 Univ. of Pa. Law Review 580 (June). "An examination of the constitution shows that the American Institute is democratic and that it rests upon the principles of federation — democratic in the sense that it will be composed of an equal number (five) of publicists from each of the American states, and that they will not be selected arbitrarily by the Institute itself, but by the publicists composing the national or local societies of international law, to be founded in the capital of each of the American countries. It is federative in the sense that the national or local societies are affiliated with it, and that the members of the Institute recommended by the national or local societies can properly be said to represent them. The Institute is not to meet regularly in any one country, although it may have permanent headquarters, and it is provided by the constitution that the members of the national or local societies become as of right associate members of the Institute by the payment of the annual dues." See Biography, Government. Judiciary Organization. "The French Judi cial System: Part II, Criminal." By C. A. Hereshoff Bartlett. 38 Law Magazine and Review 313. Continued from 38 Law Magazine and Re view 257 (25 Green Bag 313) (Aug.) Juries. "The Mind of the Juryman: With a Side-light on Women as Jurors." By Prof. Hugo Miinsterberg. Century, v. 86, p. 711 (Sept.). Professor Miinsterberg describes his interest ing experiments with dotted cards to test the accuracy of his students in arriving at a deter mination of a question of fact analogous to what a jury has to consider. In the experiments there was an interval for discussion, followed by a second vote which gave an opportunity to the voters to yield to the influence of the discussion. The second vote showed in the case of the men a much higher percentage of right judgment than the first, but in that of the women there was no such advance, the women showing a predilection for their own first instinctive impres sions. Because of this inability to profit by discussion women are considered psychologically unfit for jury service. Jurisdiction. "A Definition of Jurisdiction." By Samuel Barnet. 47 American Law Review 518 (July-Aug.). The writer proposes this definition: — "Jurisdiction is the authority derived from law and conferred upon a magistrate or tribunal to take cognizance of and decide according to law and by the means which the law has pro vided for that purpose, the particular case brought to its bar, and to carry its judgment into execution." Labor Problems. "Monopoly of Labor." By