Page:The Green Bag (1889–1914), Volume 22.pdf/253

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lievunu of lgeriodicals for infidelity, while she is not entitled to that remedy against her husband unless he be guilty, in addition to adultery, of desertion or cruelty or certain indecent crimes. This English rule is not rhaps difficult to under stand when consi ered historically, but it seems much less consonant with modern

ieglings than the impartiality of the Scots w.’

"Le Divorce au Japon." 37 journal de Droit International Privé 106. "From 1892 until 1897, during a period of six years, the average of marriages is about 355,000 per year, and that of divorces 115,000. Approximately this is one divorce for every three marriages." "Marriage with a Deceased Wife's Sister and the Cry of ‘Disestablishment.”’ By Rev. A. H. T. Clarke. Nineteenth Century and After, v. 67, p. 257 (Feb).

_"Holy Scripture positively allows marriage with a deceased wife's sister. The English state allows it. The Pope always allowed it (with regular dispensation). Bishop Gore alone champions a cause befriended by neither Scripture, the Pope, nor the state." Monopolies. “ ‘Big Business’ and the Sherman Law: Which Shall be Modified, Business Ways or the Law?” By Oscar King Davis. Century, v. 79, p. 748 (Mar.). “It needs no argument to show that the Sherman law denunciation of ‘every contract and every combination’ is too broad. . . . Many propositions for amending the Sherman law have been made, all aimed at the same

result. . . . But every such proposition yet advanced has been found, u on careful study,

to be defective. . . . The res t is the conviction on the part of the Administration that the better way would be to leave the Sherman lawtas it is, and by a new piece of constructive,

positive legislation provide the relief which it is desired to give to legitimate business. . . . ' "It is ‘possible, of course, that federal inco oration ma not afford the measure of re _ief expecte, and ma even create a situation worse generally 1: an that of the present through unshackling the very forces of combination inimical to free competition which it is desired to hold in check. . . . "The corollary of federal incorporation is federal supervision. . . . Federal supervision is not yet accepted with heartiness. . . . But federal incorporation has never had as much official su port as now, and there is every prospect t at before Congress adjourns there will be_a new incentive to ‘big business’ to accept it.” “Experiences of a Cabinet Ofiicer Under Roosevelt.” By Charles J. Bonaparte, Late Attorney-General of the United States. Century, v. 79, p. 752 (Man). “My predecessor, now Mr. Justice Moody, when he left oflice, advised me to give as much time as possible to the Supreme Court.

235

He had ar ed more cases than had been customary or an Attorney-General in recent firs, and said he thought it might have 11 well had he tried even more. . . . To my mind, Mr. Justice Mood '5 advice was thoroughly sound. Our preme Court possesses greater power and enjoys higher dignity than any other tribunal in the world, and the chief law officer of our government is appropriately employed when he defends beore it in person the great common in terests of the American people." Of his experience in attempting to enforce the Sherman act, Mr. Bonaparte says: "In general I expected more satisfactory results rom civil t an from criminal proceedings. I was, and am still, convinced that the present method of attempted control through the courts over our vast aggregations of capital is altogether too cumbrous, dilatory, ex pensive and uncertain to be satisfactory, and that some time we must substitute for it a system of administrative control at once fair, simple, summary and drastic. To secure the necessary le 'slation for this urpose, however, I thoug t, from what I

Knew of conditions in Congress, a construc tion of the existing law must be obtained which might lead the ‘interests’ to accept and even welcome the change. I hoped this might be, perhaps, the outcome of certain equity suits I caused to be instituted, notably those against the Standard Oil and the Tobacco Trust." Mr. Bonaparte also makes some interesting remarks about the subserviency of the press to werful combinations, which may ro fitagly be read in conjunction with gro fessor Ross's article on "The Sup ression of Im )rtant News" in the Atlantic see p. 242 m ra . “Labor Unions and the Anti-Trust Law: A Review of Decisions." By C. Primm. journal of Political Economy, v. 18, p. 129

(Feb). "Three facts are to be noted in regard to the relations of the labor unions and the federal Anti-Trust law. First, nothing in these cases indicates that the union itself is illegal, but the inference is that through the union organization and agencies a con spiracy or an action in restraint of trade can readily be fostered. Second, in the applica tion of the Sherman Anti-Trust act to labor unions in the two groups of enterprises, manu facturing and transportation—productive and distributive-the courts have made it appli cable to any union, whether intra-state or interstate, which directly and specifically afiects interstate commerce to restrain it. Third, the logical and consistent holding, by the courts, to the general principles of interpretation of the Sherman act, already outlined, allowed of no other result in these

labor cases." "The Standard Oil Case."

Noble. Feb.).

By Herbert

44 Amkan Law Review 1 (Jan.