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THE GREEN BAG
CURRENT LEGAL LITERATURE department it designed to call attention to the articles in all the leading legal periodicals of the preceding month and to new law books tent us for review
Conducted by WILLIAM C. GRAY, of Fall River, Mass. All lawyers interested in constitutional law — and who is not? — should give attention to the article by Clarence R. Martin on a recent decision of the Indiana Supreme Court holding that the Supreme Court will consider the constitutionality of an act although neither presented nor argued in the lower or in the appellate court. The review of Massachusetts labor deci sions, by Arthur March Brown, also stands out as a timely and important article. BILLS AND NOTES. " The Holder for Collection of a Bill of Exchange subject to the Provincial Law of Agency," by Walter S. Johnson, Canadian Law Tinws and Review (V. xxviii, p. 812). BILLS AND NOTES. "The Negotiable Instruments Law with Comments and Criti cisms," by James Barr Ames, Lyman D. Brewster and Charles L. McKeehan, annotated by Joseph Doddridge Brannan, Harvard Law School Association, Cambridge, 1908, price $3.00. This book contains the text of the Negotiable Instruments Law prepared by the Conference of Commissioners on Uniform State Laws and adopted in most of the states, with references to similar sections of the English Bills of Exchange Act and tables of variations, fol lowed by reprints of a series of controversial articles published in legal periodicals when the law was first codified criticising certain of its provisions. This series throws much light on the meaning of some clauses and calls attention to changes from the common law. In one appendix is collected references to or abstracts of all the cases decided under the Bills of Exchange Act, in another those decided under the Negotiable Instruments Law. These cases are as yet not very numer ous (which is perhaps a compliment to the Code), but as the subject is one which enters into every lawyer's practise, this book will prove of real assistance. BILLS AND NOTES. "Three Checque Cases," by J. S. Ewart, Canadian Law Times and Review (V. xxviii, p. 787). BIOGRAPHY. " James Boswell, Advo cate," by " R. A. B.," Scottish Law Review (V. xxiv, p. 222).
BIOGRAPHY. " Cornelius Van Bynkershoek," by Coleman Philipson, Journal of the Society of Comparative Legislation (N. S., V. ix, p. 27). This sketch of a Dutch jurist of the iyth and 18th centuries is the ninth in a series on, " The Great Jurists of the World." A careful summary of Van Bynkershoek's contributions to international law is given. BRITISH EMPIRE. " The Legal Relations of the Several States of the Empire," by Harrison Moore, Journal of the Society of Comparative Legislation (N. S., V. ix, p. 113). CONSTITUTIONAL LAW (Procedure and Definition of " Local and Special "). " A Notable Decision," by Clarence R. Martin, American. IMW Rcviciv (V. xlii, p. 641). "The Supreme Court of Indiana recently handed down a decision by which two appar ently well and long established rules — one of procedure and one of law — are reversed. This is the case of Milton Krauss v. Israel J. Lehman, et al., which holds (i), that the Supreme Court will consider and decide the constitutionality of an act although it is neither presented nor argued by the parties either in the trial court or in that court." The first point was nowhere more firmly established than in Indiana and Kraus v. Lehman has overthrown the authority of at least eighteen cases in that state, says Mr. Martin. He approves the court's action, however, as follows: "Something may be said in support of the Indiana decision. It has torn down the barrier of custom and has stepped into a new highway that modern conditions and senti ment may demand. Upon the decisions of our Supreme Courts upholding or denying the constitutionality of legislative enactment much
