Page:The Green Bag (1889–1914), Volume 19.pdf/770

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EDITORIAL DEPARTMENT cedents have such tremendous importance, after an analysis of the cases it is deemed sufficient to point out a rule, broad and equitable, which in the author's humble opinion is supported by a preponderance of authority." The conclusion that in spite of the confusion that has arisen modern English law does by the great weight of authority, give relief in case of error of law is reached after a most painstaking analysis of the decisions. MONOPOLY. " The Case of the Monopo lies," by Sidney P. Miller, Michigan Law Review (V. vi, p. 1). Beginning with the famous Case of the Monopolies, reported in xi Coke, p. 85, which denied the power of the English crown to grant monopolies this article, gives a valuable summary of the English and American decision and statutes against mono poly. "From the foregoing laws, whether in the shape of constitutions or statutes, we may conclude that a wave of popular feeling in this country is rapidly reaching the height which in England in 1602 resulted in the decision of the Case of the Monopolies. "Taking these statutes and decisions to gether we may conclude that to-day the Ameri can test of the lawfulness or unlawfulness of the combinations of persons or forces (as being of a monopolistic character) is whether or not they tend to control prices. That a concern lowers prices is no defense or shield. . . . "It is somewhat difficult to reconcile some ' trade-union ' decisions with the rule of law governing combinations, but it seems fair to assume that the law will soon be shaped by American intelligence so that it will provide for the proper control of these bodies. Agree ments or combinations which undertake the absolute control of the labor market should be as unlawful as any trust or monopolies: agree ments which provide for a living wage should be legalized, both for labor and capital. The line of demarcation is hard to find, but we are nearing it with each swing of the pendulum. To summarize may we not say that some of the results of "The Case of the Monopolies" have been (a) the clear establishment of the idea that sole control of a product is against public policy and consequently against funda mental law, — (6) the giving a firm base and

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good outline for our states to start from in their law-making and their courts. One of its suggestions, too, that we need to-day is that the monopolistic idea is against the grain of English thought, and that therefore we should have little real trouble in framing an understanding with all English-speaking lands as to an interchange of corporate restriction. NATURALIZATION. " A Treatise on the Law of Naturalization of the United States," by Frederick Van Dyne, L.L.M. This work is especially designed to meet the needs of judges and clerks having jurisdiction of nat uralization matters, of United States Attorneys and of diplomatic and consular officers. The work treats of the various methods of naturali zation, as by formal paper, naturalization of parent, naturalization by marriage, collective naturalization and the related subjects of expatriation, passports, and the attitude of foreign governments towards their citizens naturalized in the United States. NEGOTIABLE INSTRUMENTS (Duty of Drawee of Check). " Young v. Grote," by Thomas Bcven in The Law Quarterly Kci'icw (V. xxiii, p. 390), is a re-examination of that famous case which the author considers to have decided that a customer in drawing checks owes a duty to his banker not to give facilities for fraudulent alteration. The neg ligence of the customer was the ground of the decision. The recent Privy Council judg ment in Colonial Bank of Australasia v. Mar shall, [1906] A. C. 559, held no duty of care existed and took the case from the jury. Many cases in which the doctrine of Young v. Grote has been approved are quoted by Mr. Beven, who considers the later case as contrary to " the mere common sense of the matter," as well as to established law. PRACTICE (Egypt). " Administration of Justice in Egypt," by H. Goudy, The Law Quarterly Review (V. xxiii, p. 409). Account of the highly complicated system of Egyptian courts. PRACTICE (England). 'The Liability of Justices of the Peace," by W. W. Lucas, Law Magazine and Review (V. xxxiii, p. 22). The justice of the peace has in Great Britain many and varied duties. This article discusses at