The Green Bag
290
ascribed to the trusts, especially the prices that mainly affect the cost of living, though they are probably responsible for a small part of it.’
Criminal Procedure.
“French Criminal
Procedure." By Frederic R. Coudert. 19 Yale Law journal 326 (Mar.). "Much criticism has been excited in France of recent ears by the practice which permits the presi ent to conduct the examinations during the trial. . . . It is stated that the Minist of Justice is now to ask for an amend ment 0 the criminal code by which the president will be relieved of this duty, and ques tions will be asked by both prosecution and defense.
This would, it seems to me, have a
wider effect than to merely impose this func tion upon counsel. It mi ht well lead, I think, in time to the deve opment of cross examination, a thing hitherto unknown to the French law, and which is certainl, within
reasonable limits, a very valuable evice for the sifting of testimony. "Whet er the French system as a whole is more eflicient in the repression of crime than our own, I do not know, and I doubt whether the question can be answered positivel . It is an outgrowth of French society an con forms to French needs and views. With slight modification such as is now recom mended, I see nothing in it incompatible with a perfectly just and efficient administration of the criminal law. . . . "Undoubtedly the jury system, the public nature of all trials and examinations of rrsoners, and the litigious as distinguished
mm the inquisitorial method of procedure are valuable ac uisitions which American law should not light surrender. It verges, how ever, upon the a surd to turn respect for old rules or maxims into mere fetish worship. The rule against compelling examination of parties in criminal cases may well be thought to have outlived its usefulness. It is of no value to the innocent, and highly detrimental to society in its war against crime. . . . "If the French le 'slator has been wise and liberal enough to rrow our jury system, may we not in turn gain something by examining in sym athetrc spirit a system which has been wor ed out by the best minds of Continental Europe?" “Lynching." By Charles C. Butler. 44 American Law Review 200 (Mar.-Apr.). “I do not believe in railroading a man to eternity in order to a se the clamor of the mob and thereby essen the number of lynchings. Let there be a fair trial as soon as practicable after the fury of the populace has subsided, but let there be no sacrifice at the behests of the mob or in order to fore stall its bloody work. . . . "Newspapers could do much to lessen the lynching evil, but they too often palliate, justify and even applaud mob violence. . . .
It is a parent that there is no one exclusive cause or lynching, and, therefore, that there is no one exclusive remedy."
Criminology. "The Criminal." By Cesare Lombroso. Putnam's, v. 7, p. 793 (Apr.). The last work of the noted Italian criminolo gist was the preparation of this brief article esigned as a reface for a forthcoming book entitled ‘Criminal Man," in which his dau hter and collaborator, Gina Lom bnoso errero, summarizes the conclusions reached in her father's important work on the causes of criminality and the treatment of criminals.
Oonvoymoas.
“Advisability of Adopting
the Torrens Law.” By T. C. Sparks. Delpha Phi Brief 22 (Mar.).
10 Phi
"The New York law was adopted after a very thorough investigation of its merits by a commission of seven members a pointed for that purpose, three of whom nted from the report. Such a general adoption of the law naturally leads one to believe that where the demand for such a s stem is sufii cientl t and the amount 0 business that woul probably be done thereunder is sufii cient to warrant the employment of highly competent ol‘ficials, the possible dangers to be feared might in large art disappear. If we are to have a Torrens Baw it must not be a makeshift, but its administration must be by the most competent men it is possible to employ, and the offices thereby created must be absolutely free from politics." Declaration of London. See Maritime Law.
Direct Nominations. "The Retrogression of Direct Primary Nominations." By Charles H.
Betts.
Editorial
Review,
v.
2,
p.
274
(Mar.). Dissenting from Governor Hughes's perhaps questionable views on this subject, this hard headed, well-informed article will repay some
study on the part of those interested in the practical solution of a practical problem of political science. Easements. See Real Property. Election Laws. See Direct Nominations. Employer's Liability. "Employer's Lia bility." By Prof. Floyd R. Mechem. 44 American Law Review 221 (Mar.-Apr.). This and Prof. Freund’s article (p. 291 infra) should perhaps be considered the lead ing articles of the month, and they will both repay careful study. Prof. Mechem shows how the common law has been modified, and in cidentally considers the em loyer’s liability legislation of Germany. be problems of employer's liability legislation in the United States are treated at much len h._ The difficulties in the path of the a option of a uniform state law are pointed out. Of the federal Employer's Liability Act of 1908 Prof. Mechem says :— "The determination of the construction and‘ effect of this act will be awaited with
