Page:The Green Bag (1889–1914), Volume 23.pdf/458

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

424

The Green Bag

are criticisms of portions of the judge's cha e or of his answers to requests to charge. ‘in many. especially of the latter class. the criticisms are captions and the errors alleged trivial. . . . The doctrine of ‘harmless error’ seems well estab lished in Pennsylvania. The prisoner must show that a substantial error was committed on the trial by which he has been injured; it is not suflicient that an abstract or technical error has taken place."

"The Initiative and Referendum and lies Oregon Got Them." By Burton J. Hendrick McClure'r, v. 37, p. 235 (July). Describing the way in which the popular measures dealt with came to be adopted, with

side-lights of William S. Uren and other promi nent personalities.

Domestic Relations. “Social Control of the Domestic Relations." By George Elliott How: ard. University of Nebraska. American JCN'MJ of Sociology, v. 16, p. 805 (May).

Criminology. “The Crime Problem." By Hon. Frank H. Norcross, Justice of the Supreme Court of Nevada. 20 Yale Law Journal 599

“it seems almost Certain that the _wers of

(June).

the juvenile court will be increased. . ‘0 doubt "in addition to doing everything that can there is some danger in the process. As a salt reasonably be done to remove the causes of guard, should not an organized effort be made") crime, we must improve our system of dealin develop a thought-out licy and more unlfol'm with the convicted criminal. if h ' laws among the states In particular. Should criminal we may not be able to accomplish much not the precedent set by Kentucky in 1908 and for him in the way of reformation, ' by Colorado in 1909 be followedthrougllfi'llt has a right to protect itself from individuals of the land? These states have provided for the this class the same as it has from the insane. enforcement of the obligations of deluiqqtfllt Society has no right to provide and mnnot garanch rents of in the the juvenile chancerycourt. rather. than . . the criminal I _ justify means and methods of unishment that in themselves are debasing. uch methods of "Good marriage laws are more effective 111 Eunishment are not only a wrong to the prisoner checking divorce than are good divorce l3“ ut they are an absolute injury to society. They help to prevent the formation of bad Fa" “Our present prison and jail system, generally riages; and bad marriage: are the only Mama!“ speaking, is at least a century behind our which divorce dissolves.’ civilization in other respects. “Delays and occasional miscarriages of justice Examinations before Trial. “l-lxarnifliltim"5 in the courts have had the effect of creating the before Trial." By Raymond D. Thurber. 25 impression that in our court procedure lies the reat fault of our penal system, largely from Bench and Bar 62 (May). the act that such defects are obvious and are so This to ic of New York law, last treated in 19 frequent]iyam magnified by the press. This cona Bench “J13” 204 (0a., 1909) is now broulhl clusion, firml convinced, is not only down to date.

mistake, but I am 0 the opinion that by far the greater number of miscarriages of justice have n and are buried from the knowledge of the eneral public behind the stone walls and iron s of our prisons." See Detection of Crime, Domestic Relations, Penology. Detection of Crime. “Detective Burns and his Psychological Method." Current Literature, v. 50, p. 601 (June). “Burns's method, which we have called the hological method, is, of course, one form of

what has come to be known, more or less op~ robriously, as the ‘third degree.’ But . . . urns secures confessions by his headwork and his skilful study of a man's mentality. The one is psychology, the other is brutality." Direct Government. "The Federal Guaran tee to the States of a Republican Form of Gov ernment." By William D. McNulty. Editorial Review, v. 4, p. 531 (June). "The essential characteristic of a republican System is believed

Executive Organization. “The organism“ of the State Executive in Illinois." By Henry Bixby Hemenway, MD. view 112 (June).

6 Illinois Law R"

"This fundamental principle of intllivldmll responsibility, organized into a system, demallfls readjustment of our state executive busin€$5 1" several radical features. "1. The Governor must a responsible for all executive subor Point. and 1" inates. "2. Each separate office, must be managed by one man. or department‘ “3. Each responsible oflicer should be 3 WM” "Perl, Paid by an adequate salary, "of

ees. organised bility "4. ofThe each systemically, various is made exclusive, departments so thatdefinite theshould responm' and 14"’ g!

In

Executor-e and Administrators. “Pow!” of Sale in an Executor in Pennsylvania." BY view Roland 597 R.(June). Foulke. 59 Univ. of Pa. Law R!‘

dministration of

e government through representatives of the pieoplle, as opposed to the direct administration 0 t '

“Since the jurisdiction of the Orphans’ Coll!‘t

in Pennsylvania to authorize an executor to sell the real estate of his testator is purely statutory,

is limited to the cases specified, and will not be exercised when the power conferred in the will is suflicient, it follows that it is often important

to determine whether the executor has power