Index to Periodicals flrticles on Topics of Legal Science and Related Subjects Administration of Justice. “The Unequal Application of the Criminal Law." By Gerard C. Brandon. 1 Journal of Criminal Law and Criminology 893 (Man). "It is next to an impossibility to convict even upon the strongest evidence any white man of a crime of violence upon the person of a negro. Some jurors, if not the whole jury, in such cases will always be found ready to respond to that favorite plea of attorneys defending the guilty criminals, the plea that there is a ‘reasonable
doubt,' a plea which more often than any other produces travesties upon justice, and which for every innocent defendant protected turns loose on the public a thousand guilty criminals. I have even heard attorneys make the appeal to a jury that no white man should be punished for killing a negro. . . . “And the converse is equally true, that it is next to an impossibility to acquit a negro of an crime of violence where a white man is concerne . In such cases in practical effect the whole theory of the law is reversed; the state does not have to prove guilt beyond a reasonable doubt; the accused has to prove his innocence beyond all doubts." Administrative Law. “Administrative Ex ercise of the Police Power." By Thomas Reed Powell. 24 Harvard Law Review 333, 441 (Mar.,
Apr.). Second and third (closing) instalments, con
tinued from 24 Harvard Law Review 268 (23 Green Bag 198). "The immunity of officials for acts done in enforcing the police power cannot yet be said to be established except where the interference is with personal liberty rather than with prop erty, or where the interference with property falls short of destruction, or is not executed until the individual has been given an op or tunity to take action himself and thus ena led by prompt action to secure judicial relief in some other proceeding. But it may reasonably be expected that the immunity will some day be extended to cases where the individual has been able as a matter of right to urge before the administration his claims to freedom from inter ference.
At present, however, the courts seem
still convinced that when property is destroyed in the exercise of the police ower the owner must have somewhere in in icial proceedings the opportunity to offer evidence as to its condition. The Chancellor and the ju are regarded as best suited to determine gnally the disputed question of fact. And thus indi rectl the community is being forced to assume the urden of loss, thereby relieving both the owners who are without fault and the administra
tive authorities who may make mistakes in the honest endeavor to perform the duties entrusted to them by law. The same solution of the vexed problem is suggested by the courts in the instances where the burden is now placed on the owner rather than on the administrative official." See Due Process of Law. Aliens. “The Immigration Act and Return ing Resident Aliens." By Clement L. Bouvé. 59 Univ. of Pa. Law Review 359 (Man). An analysis of decisions rendered since the Act of 1903, which have been far from uniform,
bearing on the_subjection of returning aliens to the immigration laws. Children's Courts. See Juvenile De linquency. Citizenship. See Nationality. Codification. “A Plea for Codification." By J. K. Tarachand. 13 Bombay Law Re porter 25 (Feb. 15).
"A common criticism on codes is that over-run with commentaries. So does of a ship get over-run with barnacles; duty of the master to have this seen to, gets into port. If codes are re-drawn
they get the hull it is the when he at peri
odical intervals so as to embody the comments,
they will always keep in shape. . . . "Codification, in my opinion, should follow the Indian practice of codifying different parts of the law with relation to a general scheme and keeping constantly in view the general object of a complete code. It would doubtless need periodical revision and amendment to embody the comments. The requirements of a ood code may be summed up in Macaulay's a mir ably formulated rinciple: ‘Uniformity when on can have it, iversity when you must have it, but in all cases certainty.‘" See Uniformity of Law. Compulsory Insurance. “Insurance Legis lation: The Larger View." By William Harbutt Dawson. Fortnightly Review, v. 89, p. 534 (Man). The writer considers the social benefits which have been obtained from compulsory insurance in Germany, and tries to emphasize the ad vantages of similar projects proposed by Mr. Lloyd George in England. See Workmen’s Compensation. Contract. See Mistake, Tort. Corporations.
“Corporate
Personality."
By Arthur W. Machen, Jr. 24 Harvard Law Review 347 (Man). Concluding instalment of an article concerned
with the nature of the corporation, Mr. Maclwn himself favoring the entity as opfiposed to the fiction theory. (See 23 Green Bag .)
