Page:The Green Bag (1889–1914), Volume 21.pdf/316

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Review of Periodicals assess the damages to which the injured per son is entitled. . . . "A crime is a wrong which it is necessary to punish in the interests of the public, but I fail to see why this infliction of public pun ishment on the wrong-doer should render it more easy for the injured person to recover damages. Egypt. "The Courts of Egypt, and of the Sudan." By W. R. B. Briscoe. 34 Law Magazine and Review 294 (May) . "In the administration of justice generally, both civil and criminal, in the Sudan, as the Judicial Commissioner has reported, no undue stress is laid on the technicalities of proce dure, so that at least the reproach of the late Sir George Jessel, that 'the use of a techni cality is to defeat justice,' may not be leveled against the judicial system now being there evolved." See Comparative Jurisprudence, etc. Public Charity. "The Poor Law Report of 1909." Edinburgh Review, No. 428, p. 439 (Apr.). Two points in the problem of unemployment stand out: "The first is that our methods of dealing with distress due to unemployment must be very varied, that there is no one panacea, and that each family needs to be considered separately with a view to re-estab lishing it in independence. The second point is that unemployment is a risk incident to all employments, and capable of being met like other risks by insurance." Public Finance. "German Imperial Fi nance." Edinburgh Review, no. 428, p. 269 (Apr.). "Finance reacts on policy, and assuming as we do that the new resources will be ob tained in some form or other, their recoil will impose a strain . . . which will not be with out importance in the industrial and political future of Germany." Public Service Corporations. "Public Ser vice Commissions." By William M. Ivins. Century, v. 78, p. 22 (May) . A comment on "Public Morality and Street Railways," in the Century for March. The New York commission "has incidentally created the occasion for the declaration by the Supreme Court of the United States of certain principles of public law which mark one of the most far-reaching of evolutionary possibilities through the more complete subjugation of individual property to the welfare of the commonwealth . ' ' "The Looting of New York." By Justice William J. Gaynor. Pearson's Magazine, May. "New York City is being bled at every pore. ... If the city is to build the sub ways, it should own them absolutely the day they are completed and opened, without any one having any strings on them whatever.

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and then be free to lease them out at public competition for the highest rent obtainable for a reasonable term of years, with conditions for the full protection at the re-letting of the capital invested by the lessee. If this is not to be done, then turn the whole matter over to private capital and enterprise." See Interstate Commerce. Real Property (Torrens System). "Exten sion of the Torrens System of Land Trans fer." By Beverley Jones. 29 Canadian Law Times 354 (Apr.). "It has been found by the experience of Land Title Assurance Companies in the United States, that after a title has been examined by a competent solicitor, they can submit it to their revising counsel and guarantee it in a few days. This is also the experience of solicitors who are quite solvent, and are cap able of paying losses in respect of titles which they pass. Solicitors doing a large conveyan cing business find that they can pass ordinary titles readily in less than a week and guarantee them, and that without loss. It, therefore, should not be difficult for a Master of Titles to take exception to any certificates of title which are filed in his office within three years." See also Comparative Jurisprudence, Fix tures, Legal History, Wills. Reprisals. "Reprisals and War." By J. Westlake, K.C. 25 Law Quarterly Review 127 (Apr.). "So far then as contract debts are con cerned, there seems to be no objection to requiring an offer of arbitration in all cases bei:ore the employment of force, whether in the shape of war or in that of reprisals. "But what of claims not contractual made on the government of one country by that of another, whether on its own behalf or on that of its nationals? At the Second Peace Conference thirty-two states voted for com pulsory arbitration in all cases not affecting vital national interests or national honor, a principle which is also embodied in a large number of treaties, some of them concluded between states of the first class in impor tance. . . . "It cannot be recommended that arbitra tion on claims not contractural should be made compulsory without the reservation of vital interests and honor, but it does not follow that a state which in a particular case objects to arbitration ought to be allowed to enforce its claim by the easier proceeding of reprisals when the alternative of war is open to it." Professor Westlake submits as a question for the attention of the Hague Peace Confer ence of 1915: "that neither reprisals nor pacific blockade shall be used against any state unless it refuses or neglects to reply to an offer of arbitration, or, after accepting the offer, prevents any agreement of reference from being concluded, or, after an arbitra tion, refuses to submit to the award."