The Green Bag
called criminal insane is his mental disease. He is to be treated solely from that point of view. He is not a 'criminal' save from the standpoint of legal sophistry; he is a sick man, suffering from a psychosis. ... He needs treat ment for his psychosis so long as it lasts, and society can only demand that the doctors know their business, will treat the disease as it should be treated, and if society needs protection at the same time, or at subsequent times, that the proper provision shall be made. . . . "My final comment is that the questionnaire itself attempts too much. It could be limited to the question of so-called medical insanity and the so-called legal tests — then discussion might be of profit." See Criminal Law and Procedure. Insurance. "Franchise in Conducting the Business of Insurance and Regulation of its Rates." By N. C. Collier. 77 Central Law Jour nal 106 (Sept. 5). "Each state should be allowed to select its own table of expectancy. . . . The public only took over rate regulation of public service com ities, because of the maxim that no one should a judge in his own case. . . . When the people are convinced that insurance rates are but justly compensatory and uniform, a more general resort to insurance will be the result." International Law. Sec Maritime Law, Nationality, War. International Law Writers. "The Authority of Vattel." By Charles G. Fenwick. American Political Science Review, v. 7, p. 395 (Aug.). "If the practice of nations is frequently quoted in support of a given proposition, it is merely because Vattel regards it as confirming the truth of a rule which he has already established a priori; the real test of the lawfulness or unlawfulness of a given act is always its con formity with the law of nature." The author announces that a critical esti mate of the actual rules of international law formulated by Vattel will appear in a later issue. See Biography. Interpretation. See General Jurisprudence. Interstate Commerce. See Insurance, Rail way Invitation. Rates. See Trespass. Judicial Powers. See Constitutionality of Statutes, General Jurisprudence. Judiciary Organization. "The Security of Judicial Tenure." By Edmund F. Trabue. (Re port of Committee of Kentucky State Bar Asso ciation.) 47 American Law Review 667 (Sept.Oct.). "It is said the plan is quixotic; that the people will never clothe the Judges with life tenure. If it be the best, this is certainly an impeach ment of the capacity of the people for self-
government. Clearly, it does not seem the part of statesmanship to abandon the best plan and urge something inferior upon the assumption that the people have not intelligence sufficient to adopt the best. The apprehension, however, of opposition from the people arises largely from the confusion of our plan with that of appoint ing the Judges. Appointment by the Governor, or other officer, takes from the people the power of direct action. But we propose the election, not the appointment of Judges." Labor Unions. See Monopolies. Legal Fictions. See Insanity. Legal History. "Notes on the History of Commerce and Commercial Law; II, The Middle Ages." By Layton B. Register. 61 Univ. of Penn. Law Review 652 (Oct.). A valuable historical survey. Continued from 61 Penn. L. Rev. 431 (25 Green Bag 313). "The customs of the commercial classes, pre served in the statutes of the corporations of merchants and of the municipalities, hud author ity over very limited territories and were so numerous as to be confusing. The great mari time codes brought some order out of the chaos in their particular field, though their authority was probably simply public acceptance. The hostile occupation of the African and Asiatic shores of the Mediterranean by the Arabs obstructed the route to India and, with the advent of the compass, led to the discovery of the ocean route to India and a new hemisphere and the decline of Italian and German com merce. In the period to the French Revolution commercial supremacy passed to new nations more favorably situated to carry on a world trade. National consciousness and national law were born." "Colonial Appeals to the Privy Council, II." By A. M. Schlesingcr. Political Science Quar terly, v. 28, p. 433 (Sept.). Continued from Pol. Sci. Qu., v. 28, p. 279 (25 Green Bag 343). "By far the greater proportion of the cases appealed were cases of private law and involved nothing but private rights." "The Development of the Canadian Legal System." By Sidney T. Miller. 61 Univ. cj Penn. Law Review 625 (Oct.). Describing the legislative and judiciary sys tem of Canada both before and after the British North America Act. "Historical Vicw of the Office of Sheriff in England." By Benjamin M. Day. Case and Comment, v. 20, p. 320 (Oct.). "It has been reduced, step by step, been shorn of its strength and glory, and is now at last little more than an automatic performer of routine affairs, retaining as if in feeble imitation of ages past, the shell of stately ceremony. As Maitland says, 'The whole history of English justice and police might be brought under this rubric, the decline and fall of the sheriff.'" Sec Constitutionality of Statutes.