Page:The Green Bag (1889–1914), Volume 24.pdf/189

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166

The Green Bag

on the fundamental proposition of the Sherman act, namely that it is both desirable and possible to maintain com petition. This bill accepts the decision of the Supreme Court in the oil and tobacco cases and merely undertakes to place upon the defendants the burden of proof that their restraint is reason able, provided it be shown that the defendant has entered into a conspiracy. When it appears to the court that the defendants have entered into a con spiracy, then it is incumbent upon them to show that it is consistent with public interest. It supplements the 'rule of reason by a rule of justice.'" Personal

Judge Ira A. Abbott, who has been an associate justice of the Supreme Court of New Mexico for the past seven years, has concluded his duties in the territorial courts, which have been superseded by state courts, in order to return to his home in Haverhill, Mass.

is generally regarded as the leading authority in this country on the law of real property, and as a master of the subject of perpetuities his knowledge is unrivaled. It is commonly understood that he has more than once refused a position on the Massachusetts Supreme Court. Because of the constitutional pro hibition that "no person shall hold the office of Judge or Justice of any court longer than until and including the last day of December next after he shall be seventy years of age," the personnel of the present New York Court of Appeals will undergo a radical change within the next two years. Judges Irving G. Vann of Syracuse and Albert Haight of Buffalo, will reach the age limit on Dec. 31 next, and Chief Judge Edgar M. Cullen of Brooklyn and Judge John Clinton Gray of New York will retire on Dec. 31, 1913. Judge Willard Bartlett of Brooklyn retires on Dec. 31, 1916, and Judge Frederick Collin of Elmira will be seventy years of age by Dec. 31, 1920. The terra of Judge William E. Werner of Rochester does not expire until Dec. 31, 1918. The other two judges, Emory A. Chase of Catskill and Frank H. Hiscock of Syracuse, are serving under special appointment as additional judges to take care of the business of the Court.

Homer Albers of the Boston bar has been elected Dean of the Boston Uni versity Law School, filling the position formerly held by Melville M. Bigelow and recently by Alonzo R. Wead. He is a graduate of this law school, and has been a lecturer in it for many years. Mr. Albers has preferred the private practice of law to a judgeship of the Massachusetts Superior Court offered Aisociatians him in 1903 and to professorships in the Indiana. — The annual convention law schools of Michigan and North of the Indiana Bar Association is to be western universities. held in July in South Bend, Ind. John Chipman Gray, Harvard, '59, LL.B., '61, Royall Professor of Law Kansas. — The annual meeting of at Harvard Law School, was elected the Kansas State Bar Association will president of the Harvard Alumni Asso be held Jan. 30. President Harry B. ciation at a recent meeting of the Hutchins of the University of Michi executive committee. Professor Gray gan delivered the annual address, his