The Green Bag
298
exhausted or driven from the courts in dis st. . . .
Duty to Wyman.
8“"The whole tone and attitude of the Bar toward technicalities and delays has got to undergo a complete change. Once it is under stood that public opinion, as represented by the best element in the profession, is adverse to a continuation of the present system, obstruction and legal jugglery will become as ‘bad form’ with us as they are in the courts of England." See Criminal Procedure, Pleading. Professional Ethics. "To Uphold the Honor of the Profession of Law." By Richard Olney. 19 Yale Law journal 341 (Mar.). Delivered in Boston at the meeting at which the Massachusetts State Bar Association was recently organized, with Mr. Olney as president. "Lawyers as members of a community absorbed in money-making, are themselves inevitably more or less infected, so that it is
not 5 ‘up rising that many, consciously . or unconsciously, come to regard money-making as the real aim and ob'ect of their career. It is a view of the pro ession uite incom patible with the honor that shou d attach to it . . . In what ori 'nates the axiom that the lawyer lives we and dies poor, except in the realization of the truth that money rnaking is not the true goal of his endeavors."
Professional Titles. for the Lawyer."
“A Distinctive Title
By Alexander U. Mayer.
Particular Classes."
By
Bruce
23 Harvard Law Review 339 (Mar.).
"It is but a half truth that those who commit themselves to a public employment are bound to serve the whole public. It is but a half truth, that the public servant ma altogether decide as to the extent to which he will commit himself to public service. The real truth in this is, that by entering upon the service one comes within the law requiring him to meet the necessities of the situation,—but
no
more.
The
obligations
are thus the involuntary ones of a legal status-not the defined ones of a specific assumption." Real Property. "Taxation of Easements." By B. M. Thompson. 8 Michigan Law Review 361 (Mar.).
"Taxes levied upon the servient estate are not levied upon an estate in fee simple absolute, but upon the fee burdened with a servitude, and when lands so assessed are sold for delin uent taxes, it is the estate assessed and taxe that asses to the purchaser, the
fee burdened wit the servitude. . . . "We do not think that the courts should hold that at the common law, much less under
the Michigan statutes, that where a servient estate is sold for delinquent taxes the effect
of such a sale is to deprive a dominant estate of an easement therein."
Docket, no. 9, 202 (Feb.-Mar.).
"Strict Foreclosure in Illinois." By J. Ed. Thomas. 4 Illinois Law Review 572 (Mar.).
_The author proposes the following dis trnctive titles :— “‘A. C. L.,' to stand for Attorney and Counselor at Law (and likewise for the plural, following the style of a law firm); shortenin our ancient familiar of ponderous dignity an Falstaffian proportions to the brevity which pertains to wit, yet preserving all of the essentials, so that the initials will at once su gest the title at length, even to the layman.
"(1) when a suit for strict foreclosure may be maintained; (2) the necessa parties to a suit for strict foreclosure; ( ) the bill for strict foreclosure; (4) the extent and efiect of a decree of strict foreclosure." See Conveyances, Perpetuities.
"A. C.,' to stand for American Counsel,
or ‘F. C.,’ for Federal Counsel; on all fours with the time sanctioned ‘K. Counsel. This for those who
to the di Sn reme "U.
0.,’ King's have come
ity of pleading at the bar of the urt of the United States.
S. C.,' for United States Counsel,
might also be submitted. This title, however, does not a pear so ractical and is apt to be mistaken or the tit e of a consular oflicer. “ ‘A. C.,' if it should be preferred to ‘A. C. L.’ for the general title, would also serve, of course, for Attorney and Counsel, or Attorney and Counselor at Law. "‘A. L.’ has also been suggested. This, standing for Attorney at Law, would serve to distinguish foreign attorneys or‘ solicitors who are not also counselors and barristers. It would also stand for American Lawyer." Property and Contract. See Freedom of Contract. Public Service Corporations. "The In herent Limitation of the Public Service
Deals with these matters of Illinois law:
Res Adjudicata. “Does the Court Make or Interpret the Law?" By F. Granville Munson. 58 Univ. of Pa. Law Review 365 (Mar.). "It is not possible to lay down any rule ap licable in all cases as to the true nature of a ecision-that while most courts and judges assert that the court merely interprets and does not make the law, it is nevertheless
true that where decisions are overruled on other than constitutional grounds, rights previously acquired thereunder are generally protected, usually under the doctrine of_res judicata. There are certainly grave ractical difficulties in holding that all rig ts and liabilities must be readjusted in accordance with the latest ruling of the court. But it would seem that the doctrine of res judicata is opposed to any doctrine that the ‘court merely interprets the law, for it is not inter pretation in any true sense to call black white
and crooked straight—which has been de scribed as the function of res judicata (jeter v. Hewitt, at al., 63 U. S. 352, 364)."
