Page:The Green Bag (1889–1914), Volume 21.pdf/434

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Review of Periodicals "You have only to compare the false copy of the extract, republished by you from the London Times, over his signature, with my printed pages 265-266. It thus appears from the printed record (1) that he removed the figure 3 from the face of my text, and with it note 3 at the foot of the page; (2) that he falsely represented the extract as appearing on p. 265, when, in fact, it is on pp. 265-266; (3) that he deliberately suppressed the note at the foot of p. 266: 'See Pollock and Maitland, 'History of English Law,' 2d ed., i, 80-87.' These three acts are affirmative acts, and part of a deliberate design. The moment the suppressed notes appear, the falsity of his charge is fixed. His charge is that I used the matter in question without citations, and then he suppresses the double citations. When, in his first article, he censured the Universities of Edinburgh and Dublin for giving me their honors, after declaring that he had not read a single one of the books on account of which those honors were bestowed, I raised the question as to whether or no his mind is normal. This last performance makes that inquiry still more serious." It is to be regretted that Dr. Taylor's sense of provocation leads him to express himself in bitter terms regarding "a small coterie at Oxford that despises everything American." Certainly it is not the senti ment of able American scholars, taken as a whole, that they cannot look to Oxford for as fair treatment as that to be expected from another enlightened quarter. Unfair Trade. "The Development of Sec ondary Rights in Trade Mark Cases." By Wallace R. Lane. 18 Yale Law Journal 571 (June). "The law is following business more closely all the time. Whether a man's trade is country-wide, state-wide, or world-wide, the law should and does in an increasing degree protect him in that trade. We can now con gratulate ourselves that no other development of any branch of the law is based so much on the business integrity, common honesty and justice as this climax of trade-mark law, known as the law of unfair competition, par ticularly in its secondary sense. "In this state of the development of the law of unfair trade, it is sincerely to be hoped that there will be no suggestion made that the law be codified. We have at present a broad, general, elastic doctrine. It is being adapted to the needs of modern business in a reason ably successful manner. As the needs of business change, so may this doctrine be changed. The law of unfair trade should be allowed to take its normal course of devel opment, being applied, as each case arises, by careful, well-informed judges, who are alive to the truth of the saying: 'The law should follow business.'" Wills and Administration. "The Doctrine of Cy Pres." By Jnanendranath Dutt Chaudhri, B.L. 6 Allahabad Law Journal 129 (June 4).

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"The personal law of the Hindus is inti mately connected with their religion, and therefore allows of gift in perpetuity to relif'ous objects to a much greater extent than the nglish law. Thus, absolute gifts of land or money in perpetuity to an idol, and for other religious purposes, have been recognized by many decisions. Neither the English law, which forbids, bequests for superstitious uses, nor the rule which prohibits the creation of perpetuities, is applicable to gifts to idols by Hindus. So the Muhammadan law of wakf or appropriation founded on the Muhammadan religion allows of the appropriation of property in perpetuity for the performance of religious services, the maintenance and repair of tombs, and other purposes not held to be charitable by the English law. It is therefore clear that in the case of Hindus and Muhammadans there is a relaxation, to a certain extent, of this rule against perpetuities." Women Suffrage. "Votes for Women." By W. I. Thomas. American Magazine, v. 68 ■ p. 292 Quly). "It is custom, not reason, that women have had to face first of all in their fight for the ballot. But another powerful and more rea sonable cause for the opposition to woman in this connection lies in the fact that she was as a class reduced at one time to a position of ornamental inactivity, where her chief charm consisted in complete and ductile submission to the will of man, and that she herself ac cepted this condition as an ideal one." Miscellaneous Articles of Interest to the Legal Profession Biography. "The Boyhood of John Hay." By A. S. Chapman. Century, v. 78, p. 444 (July). "At a time when his family wished him to take up the study of law, begun with Colonel Hay at Pittsfield, he said to a friend: 'They would spoil a first-class preacher to make a third-class lawyer of me.' . . . "From Pittsfield John Hay went to Spring field. He found his uncle in the midst of the political struggle leading to the nomination of Abraham Lincoln for the Presidency. The association of Milton Hay with Lincoln was so close that John Hay was thrown into rela tions with Lincoln, and his assistant secre taryship to Lincoln was a natural step." Aldrich. "Aldrich, Boss of the Senate." By Judson C. Welliver. Hampton's, v. 23, p. 39 (July). "Aldrich is not omniscient. He is hope lessly ignorant about basic economics, or else utterly perverted; more likely both. He is the bluffer who has been caught and exposed. Senator Dolliver caught him and showed his hand; proved his bill to be a mass of deceit and sham, of fake and dishonesty; proved that it sought by hidden tricks to raise rates while pretending to lower them."