Page:The Green Bag (1889–1914), Volume 19.pdf/78

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EDITORIAL DEPARTMENT JUVENILE COURTS (see Biography). LEGISLATION. "Ordinances and Reso lution Distinguished as Relate to Legislative and Ministerial Acts on the Part of the Coun cil or Governing Legislative Body," by Eugene McQuillen, Central Law Journal (V. lxiii, p. 413)LITERATURE. " Legends from Old New gate," by George H. Hubbard, December New England (V. xxxv, p. 488). An entertaining account of the famous English prison. LITERATURE. "Coroner's Quest Law," by Francis Watt, Bombay Law Reporter (V. viii, p. 317). MARRIAGE. " Mixed Marriages," by Her man Cohen, Bombay Law Reporter (V. viii, p. 281). MASTER AND SERVANT (see Torts). MORTGAGES. " New York Mortgages and the Recording Acts," by Edgar Logan, Co lumbia Law Review (V. vi, p. 547). MORTGAGES (see Chattel Mortgages). PARTNERSHIP. "The Indian Law of Partnership," by Surendra Nath Ray, Bom bay Law Reporter (V. viii, p. 304). PRACTICE. " Trial Tactics," by Andrew J. Hirschl. T. H. Flood & Co., Chicago, 1906. $2.50 net. This is an interesting and sug gestive commentary on practical work in pre paring and trying litigated cases. It differs from Wellman's " Art of Cross-Examination" in that it covers all the work in connection with a case. It has also the merit of treating of subjects not easily found in legal text books, and will be of especial value to the student or young practitioner in presenting in brief compass what must usually be learned by long and painful experience. Though the author evidently has in mind Illinois practice, and some parts of the book for that reason may be confusing to students in other juris dictions, most of the discussion is of general interest since it really concerns that hardest of all problems, the application of common sense to the technical requirements of suc cessful trial practice.

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PRACTICE. " Affidavits in Attachment," by Raymond D. Thurber, Bench and Bar (V. vii, p. 55). PRACTICE. " Arguments of Counsel," by Morton J. Stevenson, Central Law Journal (V. lxiii, p. 398). PROPERTY (see Mortgages). PUBLIC POLICY (Constitutional Amend ments). Defects in our Constitution and amendments required are the subject of "The Next Constitutional Convention of the United States," by Chief Justice Walter Clark of North Carolina, in the December Yale Law Journal (V. xvi, p. 65). "The glaring defect in the Constitution was that it was not democratic. It gave, . . . the people — to the governed — the selection of only one-sixth of the government, to wit, onehalf — by far the weaker half — of the Legis lative Department. The other half, the Sen ate, was made elective at second hand by the State Legislatures, and the Senators were given not only longer terms, but greater power, for all presidential appointments, and treaties, were subjected to confirmation by the Senate. "The President was intended to be elected at a still further remove from the people, by being chosen by electors, who, it was expected, would be selected by the State Legislatures. The President thus was to be selected at third hand, as it were. . . . The intention was that the electors should make independent choice, but public opinion forced the transfer of the choice of electors from the Legislatures to the ballot-box, and then made of them mere figure-heads, with no power but to voice the will of the people, who thus captured the Executive Department. That Department, with the House of Representatives, mark to day the extent of the share of the people in this government. "The Judiciary were placed a step still further removed from the popular choice. The Judges were to be selected at fourth hand by a President (intended to be selected at third band) and subject to confirmation by a Senate chosen at second hand. And to make the Judiciary absolutely impervious to any consideration of the ' consent of the gov erned,' they are appointed for life. "It will be seen at a glance that a Consti tution so devised was intended not to express,