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to communications made from motives of self-interest by persons who trade for profit in the characters of other people. The author regards this judgment as of doubtful stability. "In American courts it seems to be settled beyond all question that confidential communications made by a trade protection society to a subscriber, if made bona fide, are privileged; see Ormesby v. Douglass, 36 N. Y. 477. ... We must all agree with the judicial committee that Ameri can decisions as such, though entitled to the highest respect, are of no authority in Eng lish courts, and questions must be decided by reference to the principles of English law, but it appears to me that in a case of this kind, where there is no direct English author ity, to pass over a decision like Ormesby v. Douglass, and refuse the undoubted help which it affords simply because it is labeled American, is like kicking away a ladder and then attempting to scale a wall with the meager help of one's fingers and toes." Disturbance of Religious Worship. "The Element of Bona Fides in the Crime of Dis turbing Religious Worship." By J. M. Green field, Jr. 13 Law Notes 6 (Apr.). Divorce. See Marriage and Divorce. Employers' Liability. "Economic Aspects of the Law of Master and Servant, in its Rela tion to Industrial Accidents." By Clarence A. Lightner. 7 Michigan Law Review 461 (Apr.). The author reaches these conclusions :— "First: That the present condition of our law, whereby the rights of master and ser vant, in the event of accident to the latter in his employment, are adjusted, is unsatis factory to all parties concerned. "Second: That legislation along the lines of modifying the present common law rules, by increasing the measure of liability of the master, have not and will not remedy the evils of the situation, but will rather aggra vate them. "Third: Considering the insurance feature, being one of the two remedies which have elsewhere been applied, I would suggest (a) that compulsory insurance, such as we find in Germany and other European countries, is with us impracticable, both because our people are not favorably disposed toward State Socialism, to which that tends, and, also, because of constitutional objections, which render such legislation difficult, if not impossible; and (b) that voluntary insurance, whether by statutory authority or by private initiative, is beneficial as far as it goes, and that legislation along these lines, like most permissive legislation, will not have large results, but that the creation of voluntary relief departments, in particular industries, has proven the most effective remedy for the evils that we are considering, which have been tried in this country, and yet that such measures are necessarily limited in scope. "Fourth: That, as far as legislation is con cerned, the principle of compensation to the
injured servant, irrespective of the common law rules of liability, being substantially the idea contained in the English Workmen's Compensation Act, is both just and effective. I believe that such an act has been found, in England, to be, and would likewise be found to be in this country, if adopted in our states, beneficial to all parties concerned." This estimate of the Workmen's Compensa tion Act is not shared by the anonymous author of:— Workmen's Compensation Act. "The Work men's Compensation Act." By "Specialist." 25 Scottish Law Review 91 (Apr.). "This Act, originally devised by Mr. Cham berlain, will, unless materially altered, cause trouble and destitution, and throw out of employment a large number of hard-working and industrious men. Already it must have kept4many thousand workmen in unemploy ment, and, unless its present terms are much altered, probably one-third of the workers in the country will be made unable to find occu pation." New York. "The Labor Law as a Basis for Suit. Part II. By Raymond D. Thurber, 16 Bench & Bar 93 (Mar.). See also Government, Labor Regulation. Equity. See Marriage and Divorce. European Politics. "Foreign Policy." By Sir Rowland Blennerhassett, Bart., P. C. Fortnightly Review, v. 85, p. 615 (Apr.). "Signor Tittoni and the Foreign Policy of Italy. By Romanus. Contemporary Review, v. 95, p. 429 (Apr.). Evidence. "A Mixed Question of Law and Fact." By Judge James L. Clark. 18 Yale Law Journal 404 (Apr.). The remedy for existing conditions is to be found in pursuing one of two courses:— "The first course, the more scientific and less practical, is to at all times make the so-called mixed question a question of fact. "That is, in a negligence case, make the question of negligence at all times one of fact. For the purpose of advising the adversary of the facts that will be relied on as constituting negligence, set them out in the pleading, but for the purpose of the sufficiency of the plead ing state negligence in general terms. On the trial let the Court instruct the jury that one who acts as an ordinarily prudent person would not act under the circumstances is guilty of negligence, and leave it to the jury to say whether the acts complained of are such as an ordinarily prudent person would not do under like circumstances, and thus determine the question of negligence by the standard of the ordinarily prudent person. . . . "In adopting this procedure, however, courts could not escape the responsibility of deciding as a matter of law, on the introduc tion of evidence, what would tend to establish negligence and what would not so tend. Such
