Page:The Green Bag (1889–1914), Volume 18.pdf/55

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

THE GREEN BAG as an agency of property; how to put the new domain of property it embodies within reach of everybody and make it the inheritance of the frugality of the people. We must begin by having a uniform national corporation law, for by the decision of the Beef Trust Case the nation was held to have the power to regulate and supervise wherever the general current of the business of a corporation was to manu facture in one state and sell in another. If the power of the National Government were exercised, corporations would be organized to compete with existing corporations. They •would be organized under United States laws. The United States would open, in connection with such corporations, an exchange under the regulations and rules of which their securities would be sold. The difficulty is to arouse the people, and in that difficulty, in that great problem, the lawyer more than any one else, can be an apostle of the right, because a lawyer more than any one else, can take a long step in the direction of righteousness. CRIMINAL LAW. " The Criminal Liabil ity of an Inciter or Abettor of Suicide," by Sumncr Kenner, Central Law Journal (V. Ixi, p. 406). CRIMINAL LAW. " Criminal Responsi bility," by Charles Mcrcier, Canadian Law Times (V. xxv, p. 663 ) . CRIMINAL LAW. " Du Droit de Defense," par S. C. Rion, La Revue Legale (V. xi, p. 467 ). CRIMINAL LAW (Conspiracy). "Com bines," by Frank E. Hodgins, K.C., Canada Law Journal (V. xli, p. 849). CRIMINAL LAW (Extradition). "The Effect of Australian Federation upon the Fugitive Offenders Act," by Paris Nesbit, Commomvfaith Laiv Revuw (V. iii, p. 14). CRIMINAL LAW (Practice). " The Justi ciary Court," by Lord Solvesen, Scottish Law Review (V. xxi, p. 361 ). CRIMINAL LAW (Practice). A very in teresting and valuable paper by Robert Ral ston entitled, " Some Remarks upon Charging the Jury in a Trial for Murder," is printed in the November American Law Register (V. liii, p. 675 ). After calling attention to the appar ent simplicity and actual complexity of the •definition of murder as laid down in the deci sions he asks:

"In charging the jury is it better for the judge to tell them that if they find so and so to be the facts, the prisoner is guilty of such a crime, while if they believe the facts to be as maintained by the prisoner, he is guilty of such another crime or not guilty, as the case may be; or, to enter into a long dissertation upon homicide, defining murder at common law, explaining the meaning of malice, and many other things in no way applicable to the facts of the case? "If the evidence in the case should warrant a verdict of manslaughter, the crime need not be defined, but the judge may tell the jury that a killing in the heat of passion, aroused upon sufficient provocation, explaining what that is, will reduce an intentional killing, which would otherwise be murder, to manslaughter." DIPLOMACY. " The Recognition of Pan ama " is discussed by Alfred Spring in the American Law Review, for December (V. xxxix, p. 853). In 1846, the United States made a treaty by which New Granada guar anteed that transit across the isthmus should be free at all times. The United States agreed to protect New Granada from foreign invasion or attack. It did not undertake to allay civil strife. Early in 1903 the Secretary of State, pro posed a treaty with Colombia, which was re jected by the Colombian Congress. Our Presi dent, apprehending a revolution in Panama, and that if it occurred traffic would be ob structed, ordered the gunboat Nashville at Colon to maintain free transit on the isthmus. No steps were taken by him, however, except to order the railroad not to transport the troops of either party and to land forty men when the lives of the Americans at Colon were threatened by Colombian troops. The government was changed on the even ing of the 3d of November from a province of Colombia into an independent nation with out any bloodshed, and no extraneous aid was required to accomplish this. The govern ment was organized at Panama on the 4th as a distinct entity, a de facto government in full control, although the Constitution was not adopted until February following. On the 6th, our government authorized its represen tative on the ground to treat with the new government, and the Republic of Panama