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The Green Bag
they desire the court to submit to the jury. They are written on but one side of the paper. During the trial, as the court has opportunity, these instructions on either side are examined, and those which are allowed are cut out and placed together. These are read to the jury at the close of the case, before the counsel have begun their arguments, and the latter are predicated upon the instructions thus read. Those which have been rejected are preserved and are made a part of the record on appeal, with the proper exception. In short, the judge does not have occasion to say one word to the jury." Privileged Testimony. "Immunity of Wit nesses and Parties." By S. Vaidyanatha Iyer. 11 Bombay Law Reporter 33 (Feb. 28). "Thus we see that according to the Madras and Bombay High Courts, the question of criminal liability would be decided totally upon the principles of English law as to public policy and without reference to the Indian Penal Code. A contrary view is held by the Allahabad High Court, according to which the English law would not apply and the question would have to be decided purely under the Indian Penal Code. The Calcutta High Court also, we find, is in favor of the Allahabad view as regards the applicability of s.499, Indian Penal Code, to the case, but privilege is accorded only in respect of relevant statements made by witnesses in the course of their giving evidence and not to parties making voluntary and irrelevant statements. It can scarcely be doubted that these conflict ing rulings leave the law on such an important question as the one under consideration in a very unsatisfactory and unsettled condition and there is need for legislative interference." Public Contracts. "Government Contracts —Before the Court of Claims." By Charles F. Carusi. 43 American Law Review 161 (Mar.-Apr.). This is the second of two articles, the former (21 Green Bag p. 116, Mar.) being devoted to "Government Contracts—Before the Ac counting Officers." The procedure adopted in trying cases in the Court of Claims is here described with much clearness. Kansas. "The New Kansas Code of Civil Procedure." 13 Law Notes 10 (Apr.). A description of the revised code recently enacted by the Kansas legislature. The code provides, with respect to new trials:— "A new trial shall not be granted as to any issues in a case unless on the pleadings and all the evidence offered at the trial and on the motion for a new trial the court shall be of the opinion that the verdict or decision is wrong in whole or in some material part, and the new trial shall be only of the issues as to which the verdict or decision appears to be wrong, when such issues are separable." A change with reference to evidence is made, affidavits being admissible under certain con
ditions. Exceptions, bills of exceptions, and cases for review are abolished. "One of the main purposes of the revision is to put an end to reviewing mere matters of practice in the Supreme Court, and to re quire a consideration of the merits of the case as it was presented to the trial court with a view to a final determination of the cause, rather than an approval or condemna tion of the various rulings of the trial judge." See also Evidence, Interstate 'Commerce, Jury Trial. Public Service Corporations. See Interstate Commerce. Railroads. "Valuation of Railways." By Prof. J. Laurence Laughlin. Scribner's, v. 45, p. 434 (Apr.). "To the extent that a railway is a monopoly, its commercial valuation will be based on its earnings. But a physical valuation over looks sources of earnings properly belonging to a transportation company.' See Interstate Commerce, Monopolies, Rates, etc. Rates. For articles referring to the broadining scope of the national government under the interstate commerce clause, see Govern ment. Real Property. See Torrens System. Sanction. "The Sanction of International Law." By Elihu Root. 9 Phi Delta Phi Quarterly Brief 1 (Mar.). "For the great mass of mankind, laws estab lished by civil society are enforced directly by the power of public opinion, having, as the sanction for its judgments, the denial of nearly everything for which men strive in life. "The rules of international law are enforced by the same kind of sanction, less certain and peremptory, but continually increasing in effectiveness of control. 'A decent respect to the opinions of mankind' did not begin or end among nations with the American Declara tion of Independence; but it is interesting that the first public national act in the new world should be an appeal to that universal international public opinion, the power and effectiveness of which the new world has done so much to promote. "The most certain way to promote obedience to the law of nations and to substitute the power of opinion for the power of armies and navies is, on the one hand, to foster that 'decent respect to the opinions of mankind' which found place in the great Declaration of 1776, and on the other hand, to spread among the people of every country a just apprecia tion of international rights and duties, and a knowledge of the principles and rules of international law to which national conduct ought to conform; so that the general opinion, whose approval or condemnation supplies the sanction for the law, may be sound and just and worthy of respect."
