Page:The Green Bag (1889–1914), Volume 24.pdf/399

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The Green Bag

law might as well bring this opportunity to every inventor, with the added advantage to him and the community that, instead of being restricted to one license, both would do business with an entire industry. The royalties, carefuly graded to provide just compensation, would be paid to the inventors, and a penalty for not so paying them would enforce this reasonable exaction." Penology. "Where Prisoners are Trusted." By W. E. Collett. 3 Journal of Criminal Law and Criminology 43 (May). "The effect of the 'trusty' system, as employed by Colorado penitentiary officials, has had a wholesome effect upon the discipline of the institution." "The Payment of Prisoners." By F. Emory Lyon. 3 Journal of Criminal Law and Crim inology 36 (May). A strong argument for just compensation for the labor of the prisoner. "Donald Lowrie's Life in Prison." By Charles Vale. Forum, v. 47, p. 735 (June). Gloomy pictures of the life of convicts in St. Quentin prison, California, from a book written by one who set down the facts without exaggeration as he saw them. See Criminology. Political Issues. "Two Democratic Can didates." By George Harvey. North Ameri can Review, v. 195, p. 721 (June). Dealing with Champ Clark and Oscar W. Underwood, sympathetically setting forth the qualifications of either for the Presidency. Procedure. "The Delays of the Law. By Charles W. Tillett. 46 American Law Re view 353 (May-June). The writer discusses the the habit of not try ing cases at the first term of court, the inade quate number of judges and courts, judicial rotation in office, failure of counsel to file com plaints promptly, continuances, absence of preparation for trial, time consumed in selec tion of juries, too many causes of challenge, etc. See Criminal Law, Criminal Procedure. Public Service Corporations. "Judicial Review of Public Regulation." By Milo R. Maltbie. Journal of Political Economy, v. 20, p. 480 (May). "One may safely predict that if a system of court review is generally adopted, whereby a corporation that is dissatisfied with any act or order may appeal to the courts and thereby delay for a long period a final decision, and perhaps upset the conclusion reached by the administrative body because the court has a different opinion of what is wise, expedient, or warranted by the facts, a return may be made to legislative regulation which is subject to no such review, whenever it seems likely that ad vantage is to be taken of litigation to secure delay." See Commerce, Railway Rates.

Pufendorf. "The Great Jurist* of the World: XIV, Samuel Pufendorf." By Coleman Phillipson, LL.D. Journal of Compara tive Legislation, N. S. no. 26, p. 233 (May). "To Leibnitz's harsh and unfair judgment is largely due the under-estimation of Pufendorf by many of his successors. Locke's high opin ion, however, may serve as a corrective of that of Leibnitz. Sir James Mackintosh, too, says; 'His treatise is a mine in which all his successors must dig.' And in recent times the eminent economic historian, Prof. Roscher, has expressed his emphatic dissent from the opinion of Leib nitz; indeed, he places Pufendorf also among the greatest political and economic writers. "In his various writings, especially in his legal work, Pufendorf does not show the genius, the penetration, the profound erudition of a Grotius, nor the practical sagacity, the argu mentative skill, the power to grappje with actual conditions of a Gentilis. And in originality also he is certainly inferior to the first, and in some respects to the second. But none the less his treatises on jurisprudence occupy a high place, as they elaborate for the first time a sys tematic body of law, magnificent in its propor tions, logically coherent, congruous, scientifically constructed, and based throughout on funda mental principles; although the adoption of these first principles is to be largely attributed to his study of, and attempt at reconciling, the doctrines of Hobbes and Grotius. He is at once the best representative and the head of the school of natural law. His works display a spirit of tolerance, an impatience with narrow sectarianism, a determination to separate law from theology, a desire to mete out justice to all mankind, whether Christian or heathen, whether high or low in the scale of civilization." Railway Rates. "The Regulation of Rail way Rates under the Fourteenth Amendment." By Justice Francis J. Swayze. 26 Quarterly Journal of Economics 389 (May). Treating the subject historically, in the light of judicial decisions involving the scope of the Fourteenth Amendment. The subject of valua tion receives illuminating discussion. The most serious problem of the future is declared to be that presented by our dual system of govern ment. See Commerce, Public Service Corporations. "The State as a Rate-Maker." By John H. Atwood. 19 Case and Comment 3 (June). "The Nation as a Rate-Maker." By Balthasar H. Meyer. 19 Case and Comment 8 (June). Riparian Rights. "The Alienability of the State's Title to the Foreshore." By Royal E. T. Riggs. 12 Columbia Law Review 395 (May). Stockbrokers. "The Rights of the De frauded Customer of an Insolvent Broker." By Garrard Glenn. 12 Columbia Law Review 422 (May).