Page:The Green Bag (1889–1914), Volume 22.pdf/35

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

Review of Periodicals (2) These orders cannot have compulsory force of themselves but must depend for their enforcement upon the federal courts.

offender;

(2)

25 The

gravity

of

the

offense

charged; (3) The antecedents and character of the offender; and (4) The character of the

When asked to enforce an order 0 the Com mission the federal circuit court must ro ceed substantially as it did under the ‘Cul 0m’

oflender's home surroundings. “I am inclined to attach special importance to the last of these." “The Beast and the Jungle" (continued). By Judge Ben B. Lindsey. Everybody’s, v. 21, p. 770 (Dec.). "Do you know that over half the inmates of reformatories, jails, and prisons in this country are under twenty-five years of age? Do you know that an En lish rison commis sion not long ago reporte to arliament that the age of sixteen to twent was the essen tially criminal age? . . . may be very crazy, and yet not be as crazy as the people

law, except that it no longer has the aid of a

who, in the face of these facts, believe that

primafacie case made up by the Commission."

the criminal methods of our civilization are anythin but a gigantic crime and a stupen dous fo y." Labor Laws. “The Illinois Ten-Hour Labor Law for Women." By Andrew Alexander Bruce. 8 Michigan Law Review 1 (Nov.). “The argument against the shorter day is based pure y on a theory of a supposed pro erty right, the su posed right of a man to d)o

(3) The forfeitures attem ted to be

ro

vided for failure to obey or ers must fai, as only a legislative body can define an act or an omission which by such definition becomes penal. "It may be, also," he adds, "that the rates named in an order made b the Commission are entitled to weight as prima facie evidence of what is just and reasonable, in a. suit brought under section 8, by a plaintiff claiming dam ages for the omission of an act, via, the act of obedience to an order, required b

the law.

International Lew. See Basis of Declaration of London, Domicile.

Law,

Jury. “The Jurors and the Judge." By George W. Warvelle. 23 Harvard Law Re

view 123 (Dec.). "In the absence of constitutional or statu tory recognition of the right, the volume of authority now seems to sustain the doctrine that the jury are not judges of the law in criminal cases. . . . "In many of the states, however, the old rule remains intact. In such states, while it is the duty of the court to aid the jury by instructing them upon all matters of law neces sary for a proper determination of the issue, yet the instructions so given do not bind the consciences of the jurors but are regarded merely as an aid in arriving at a correct judg ment." Juvenile Crime. "The Juvenile Court." By Julian W. Mack. 23 Harvard Law Review

104 (Dec.). "The work of the juvenile court is, at the best, palliative, curative. The more impor tant, indeed the vital thing, is to prevent the

children from reaching that condition in which they have to be dealt with in any court,

and we are not doing our duty to the children of today, the men and women of tomorrow, when we neglect to destroy the evils that are leading them into careers of delinquency, when we fail not merely to uproot the wrong, but to implant in place of it the sitive good. It 15 to a study of the un erlying causes of juvenile delinquency and to a realiza tion of these preventive and positive meas ures that the trained fessional men of the United States, following the splendid lead of many of their European brethren, should give some thought and some care." “The Judicial Treatment of Juvenile Offenders." By Henry H. Brown. 35 Law Magazine and Review 1 (Nov.). "The criteria which rule the adoption of particular methods of treatment in individual cases are four: (1) The age and sex of the

as he pleases wit

his own, and to contract

as he pleases. But this theory has no real foundation in our legal history. 0 posed to it is the maxim that the public wel are is the highest law, and the growing belief that human lives and human souls are of more value than many s arrows—that even liberty itself, for it is for t em that liberty exists and property was created." See Industrial Evolution.

Lawyers’ Court at Pittsburgh. "The Lawyers’ Court of Compulsory Arbitration." By J. McF. Carpenter. 13 Law Notes 165 (Dec.). Describing the thus far remarkably success ful experiment at Pittsburgh, made under the authority of the act of 1836, which “contains many provisions regulating the proceedings before arbitrators, the filing of the award, appeal to the court, etc. It confers upon the arbitrators power to require the production of books; to judge of the competency and credibility of witnesses; to administer oaths;

to adjourn meetings; to decide the law and the facts; to issue sub cenas and attach

ments for witnesses; an to punish for con tempt." Legel Education. “A History and Estimate of the Association of American Law Schools." By Dean Charles Noble Gregory, University of Wisconsin. (Delivered as the President's address before the annual meeting of the Association of American Law Schools at Detroit, August 25, 1909.) 19 Yale Law journal 17 (Nov.). "In submitting this review of our nine years of existence, it is interesting to observe that,