The Green Bag
174
"The problem 'Negligence or no negli gence?' in a particular case may involve merely a determination of the concrete 'due care' and a simple comparison with an ascer tained set of facts. In this case the question is mainly one 'of law.' Or it may involve only an ascertainment of what occurred and a comparison with the concrete 'due care' already determined for such circumstances. In this case the question is one 'of fact.' Or it may include a determination of both the concrete 'due care' and the concrete occur rences. In this case the question is one of 'mixed law and fact.'" Uniformity of Laws. "Uniformity of State Legislation." By J. D. Falconbridge. 29 Canadian Law Times 130 (Feb.). An outline of what has been done in the United States through the admirable work of the Commissioners on Uniform State Laws, presented as an obvious introduction to a discussion of what might be done under the "somewhat similar although less complicated conditions prevailing in Canada." Uniformity of Laws. See Illinois. Miscellaneous Articles of Interest to the Legal Profession Banking and Currency. "Wall Street and the Banks." By Herbert N. Casson. Hamp ton's, v. 22, p. 311 (Mar.). Treating of abuses that have sprung up in the world of "high finance" and Wall street's need of cleaning out the men who profit by fake loans, fake sales of stock, fake ledger entries, fake reports, issues of watered stock, etc., in the interest of a sound banking system properly unified and organized. Biography (British Cabinet). "His Maj esty's Ministers." By Auditor Tantum. Fort nightly Review, v. 85, p. 215 (Feb.). "The Ministry's weakness in the House of Lords is so marked that the strength, not alone of numbers but of intellect, on the other side seems almost brutal in comparison. Of course the Lord Chancellor is an excep tion. Lord Loreburn is an imposing figure in the Upper Chamber, though even yet he has not learned the 'nice conduct' of a fullbottomed wig. His tact is perfect. His speeches, on the rare occasions when he makes a party speech, are admirable." Biography (Cleveland). "The Return to the White House and the Second Cabinet." By George F. Parker. McClure's, v. 32, p. 457 (Mar.). This article, the second of a series, describes the campaign of 1892 with dramatic vivid
ness and pictures interesting personalities of the cabinet. Biography (Cromwell). "William Nelson Cromwell, the 'Wall Street Surgeon.' " See for an intimate sketch of his career and per sonality, Current Literature, v. 46, p. 263 (Mar.) . Biography (Erskine). "Lord Erskine." By Henry Flanders. 57 Univ. of Pa. Law Re view 353 (Mar.). Among the greatest of all of England's lawyers, says the author, was Lord Eldon, but Lord Erskine, though not in the highest sense a profound lawyer, was probably the greatest forensic advocate that has ever ap peared at the English bar. The story of Erskine's becoming connected with Baillie's case against Lord Sandwich is told. Erskine, when his colleagues, men of eminence at the bar, had consumed a day in court, arose insignificant and unlooked for the next morn ing to reply to the Solicitor-General. The effect of his speech was "most extraordinary. It has rarely been equaled in the annals of the bar, whether of ancient or modern times. . . . "Erskine rose on the morning of that event ful day with his sky overcast, and while speaking felt, as he has told us, his children plucking at his gown and crying, 'Now is the time, father, to get us bread,' and before the sun went down ne had won not only bread, but fame and fortune as well. The attorneys gathered about him and literally thrust briefs and retainers into his hands. He now entered upon a career unique and unsurpassed in the history of the British bar, both for the number of cases he tried and the amount of fees he received. In the twenty-seven years of his practice, before he became Lord Chancellor, he never missed a day in court, and the total of his fees during that period was ^150,000." Biography (Harriman). "Building Up a Great Railway System." By Frank H. Spear man. Outlook, v. 91, p. 435 (Feb. 27). A readable account of E. H. Harriman's remarkable achievement in building up the Union Pacific Railroad system, and the genius for railway operation revealed by his under takings. Biography (Hayes). "Rutherford B. Hayes in the White House." By Margarita Spalding Gerry. Century, v. 77, p. 643 (Mar.). Biography (Knox). "Secretary Knox, the Head of President Taft's Cabinet." By Wil liam S. Bridgman. Munsey's, v. 40, p. 756 (Mar.). Biography (La Follette). "La Follette,
