The Green Bag
352 "The
Underlying
Principles
Governing
Riparian Water Rights and Diversion Suits."
Miscellaneous Articles of Interest lo the Legal Profession
By Charles F. Choate, Jr. journal of the New England Water Works Association, v, 24, p. 187 (Mar.). A model of clear, simple exposition of a somewhat intricate subject. On the matter of expert testimony by hydraulic engineers
Aerial Navigation. "Over Sea by Air-Ship: Surprising Progress of German Plans for Transatlantic Service." By T. R. MacMechen and Carl Dienstbach. Century, v. 80, p. 113
he says:—
“The area of the watershed of course must be a thing that can be ascertained with a great degree of accuracy, and upon which two men cannot vary very much; second, the
yield of the watershed is also something that can be ascertained with a very reasonable
degree of accuracy. . . .
It is in the step
that follows next that rofessional men seem to differ most, and w ere the courts have varied and seemed to vacillate to the largest extent. There often occurs a situation where a war is taken which has never been de ve oped but which it is obvious to everybod possesses advantages for develo ment whic are very great and valuable. t is exceed ingly probable that nowhere in the vicinity have any similar powers been develo d, and yet men who are engaged in that kin of busi ness, men who have built and operated mills and carried on the mill business, and men
who have been engaged in your profession, know that that undeveloped power has value, and great value, as a mill site. The sugges tion was made to me, Is the value which exists in that undeveloped power at that particular place a subject which is within the province of an hydraulic en ‘neer to give expert testi mony upon, and, i it is wit 'n his province, will the courts permit it? . . . “In answer to that suggestion, I should submit that the wiser plan for our courts to follow, and the wiser course for our engineers to advocate, is the admission in evidence of
carefully worked out estimates of the value of a situation, consisting reall insignificantly of land and very largely 0 water and of power, which their particular training 'ves them an opportunity to know the possibi ities of the development of and the value of for practical use.’ wills. “The Vesting and Divesting of Rights Under a Will in Roman-Dutch Law." By A. J. McGregor. 26 Law Quarterly Ra view 126 (Apr.). "On the authorities at present under re view—and having regard more especial] to the decision of the Privy Council in Du ill's case [1903] A. C. 491; 89 L. T. 92—one might be disposed to say that, as a matter of form and phraseology, the Roman-Dutch law has recognized, and still recognizes, the doctrine that a rson can be divested (wholly or partially of a right which had theretofore vested in him. But at what point or epoch can the divesting take place?" workmen’: Compensation. See Uniformity of Laws.
(May).
"At forty miles an hour, air-ships can cross the Atlantic on the trade-wind in less than two days. Driven thirty-five miles on the twenty-seven-mile wind, they should make the trip in fifty hours. If blowing eighteen miles in summer, the faster craft should come over in fifty-two hours. Even on a ten-mile current, the slower airship should arrive on the western side in two and three quarter days." Alaska. “Shall Alaska Become a ‘Morgan heim’ Barony?" By Benjamin B. Hampton. Hampton's, v. 24, p. 631 (May). "The whole thing is simple, plain. Win)‘ ever-controls its transportation controlsAlaska. The Gug enheim-Morgan Syndicate, we have shown,
es control the trans ortation.
It
controls the coal. It controls t e copper." Anarchllm. "The Anarchists at Home, Washington." By J. W. Gasln'ne. Inde pendent, v. 68, p. 914 (Apr. 28).
“The association had troubles after the assassination of President McKinley. A hue and cry was raised against them in Tacoma and it was proposed to go out and raid the colony. Charges were trumped up against the aper Discontent, as printing immoral arti es in favor of free love, and a. United
States marshal was sent out to arrestithe publishers and bring them to trial before a ederal court. . . . "The case came into court before Judge Handford, who luckily was a man of broad intelligence. He stop d the harrangues of the lawyers for the efense, who had been hired at a considerable cost. He said it was not necessary to talk so much. He had looked through the offending paper at his lunch and he took it out of his pocket and read the article to the jury. And then he requested the jury to sign a directed verdict of acquittal, which they did." Anthropology. "The Skulls of Our Immi grants.” By Burton J. Hendrick. McClure‘s, v. 35, p. 36 (May).
"An interesting sign of Americanization is brought out in the size of the families of both Italians and ews. There is a popular im pression that immigrants have larger families than the native-born; and this is true of the earlier settlers. Professor Boas finds, how ever, that, in the second generation, the size
of families is about the same among the immi nts as it is among the native stock-two or three children to a family. Whatever bearing this fact may have upon individual morality and the future of the nation, Pro
