Page:The Green Bag (1889–1914), Volume 25.pdf/555

This page needs to be proofread.


524

The Green Bag

"7th — The using of private institutions only for the care of delinquent girls under sixteen years of age, making the state responsible for the care of all adult women- law breakers. "8th — A change in the law whereby with proper safeguard all sentences for women should be absolutely indeterminate. The law to pro vide the conditions under which parole and final discharge should be made. "9th — The more rational use of the existing state institutions for women and the establish ment of such other institutions as would be necessary to carry out the plan." "Control of Crime in India." By Charles Richmond Henderson. 4 Journal of Criminal Law and Criminology 378 (Sept.). A highly informing descriptive article, based on observations made in visits to prisons, inter views with the prison superintendents, and read ings of works of travelers and government re ports. A bibliography is appended. See Asexualization, Criminal Law and Proce dure, Insanity. Perpetuities. See Real Property. Police Power. "Problems of the Police Power." By Prof. Ernst Freund, Ph.D., J.U.D. Case and Comment, v. 20, p. 301 (Oct.). "A future critical retrospect of the period of twenty-five or thirty years now apparently drawing to a close will probably condemn the attitude of the courts toward the police power in matters of labor legislation as constitutionally unsound and politically unwise. The impartial historian will, however, find an explanation of this attitude in the great difficulty of confining the exercise of the police power within legitimate bounds. "It is even now in many cases almost impos sible to determine whether or not a measure is demanded by considerations of health or safety, and the agitation for a further reduction of hours of labor of women will have to face the difficulty of justifying itself on these grounds. If how ever, legislative control is admitted on the broad and practically unlimited basis of social advance ment or economic readjustment, what guaranty is there against the abuse of the police power for the furtherance of special or class interests parading, as they have always done, under the guise of the public welfare?" This number of Case and Comment contains also the following articles on "The Police Power": "The Police Power: Its Indefinable Character a Potent Reason for Guarding the Manner of Selection and Independence of Those whose Duty it is to Declare its Scope," by Hon. Andrew J. Cobb; "Public Opinion and the Police Power," by Hon. Horace M. Towner; "The Police Power of the States as Restricted by the Federal Con stitution," by Albert H. Putney; and "Power of Municipality to Prevent Overcrowding of Street Cars," by Herbert C. Shattuck. Privileged Witnesses. "Waiver of Physi cian's Incompetency to Testify." By N. C. Collier. 77 Central Law Journal 264 (Oct. 10). "I think this character of statute should be

treated in a liberal way to the securing of the beneficent result it aims at, and the temper of some of the cases do not seem in this direction. If waiver is to result from a course of conduct, the conclusion of waiver should be very clear, and the fact that incidentally it may prejudice an adversary should not be the test of abandon ment of a statutory privilege." Procedure. See Actions, Criminal Law and Procedure, General Jurisprudence, Privileged Witnesses. Railway Rates. "Some Legal Problems of Railroad Valuation." By Royal E. T. Riggs. 13 Columbia Law Review 567 (Nov.). "Since that time [of the decision in the Granger cases] the right of a state to fix the maxi mum rates to be charged for the transportation of persons and property within its own jurisdiction, unless restrained by some charter or con tract, or unless what is done amounts to a regu lation of foreign or interstate commerce, has been unquestioned. No limitations upon the effect of the decision were suggested, and its sweeping effect was pointed out by Justice Field in his dissenting opinion in Stone v. Wisconsin (94 U. S. 181): — "'The questions thus presented are of the gravest importance, and their solution must materially affect the value of property invested in railroads to the amount of many hundreds of millions, and will have a great influence in encouraging or repelling future investments in such property. . . . The doctrine advanced in Munn v. Illinois has been applied to all railroad companies and their business, and they are thus practically placed at the mercy of the legislature of every state.' . . . "So far as the relations of the railroads and the intrastate rates of any particular state are con cerned, we cannot but conclude that although resting theoretically within the shadow of the Constitution, the railroads are really from the almost superhuman difficulties of proof which must be surmounted, before a state system of intrastate rates will be declared invalid, thrust back to the age of Mr. Justice Field when he wrote the words already quoted, and may yet find in the growing power of the Interstate Com merce Commission, so vigorously combatted in so many hard fought legal struggles, their sal vation." Real Property. "Possession as a Root of Title." By T. F. Martin. 61 Univ. of Penn. Law Review 647 (Oct.). A lucid exposition of English common law doctrine, citing one recent case {Perry v. Clissold (1907), Law Reports, A. C. 73). "Application of the Rule in Shelley's Case Where the Limitations are Equitable, or Where There is an Executory Trust." By Prof. Albert M. Kales. 8 Illinois Law Review 153 (Oct.). "The trust is executory, so that the Rule in Shelley's case does not apply only where a settle ment is to be executed or a conveyance made by the trustee and where there is an informal or