259
Index to Periodicals "First —That a man be prohibited from di vesting himself of his baptismal name without making the matter one of public record.. “Secondly -— That he be not allowed to assume a name already borne by others, but be com lled to coin one, by translation, as the German
onberg was changed to the French Bel ment, or by an arbitrary assemblage of letters as cable code names are devised. Possibly it would be racticable for the state to establish a table 0 artificial names, any one of which might be selected by an aspirant for euphony.” Police Power. See Administrative Law. Practice. "Preserving a Special Appearance.’ I By Edson R. Sunderland. 9 Michigan Law Review 396 (Mar.). "conceding the right of a defendant to enter a special appearance for the sole purpose of objecting to the jurisdiction of the court over his person, a most interesting and difficult question arises when the objection is overruled. Vhat is the defendant to do in such event? How can he preserve his special appearance for re view? “Hardly another question of practice can be found which has given rise to a more hopeless conflict of authority than this. One line of cases holds that the defendant must choose between two courses: either he must refuse to proceed further and withdraw from the case,
allow judgment to 0 against him by default, and then attem t to ave that judgment vacated on the
oun
of want of jurisdiction;
or,
abandon is special appearance entirely, appear enerally and try the case on its merits. Another ine of cases holds that he is forced to no such harsh choice, but ma
note an exception to the
order overruling his objection to the jurisdiction, plead to the merits, and on appeal or error may have the benefit of his exception on the jurisdictional question, if he desires to avail himself of it. . . . "The question is a clean-cut one. Either pleading over and going to trial is a waiver, or is not a waiver, of the jurisdictional ob'ection.
Reasons may be found in support of each octrine and the authorities are quite evenly divided." The law as declared in each state and in the federal courts is then stated. "Viewin the question in the light of both reason an authority, it seems clear that the better rule is that which holds that after an objection to the jurisdiction of the court over the person of the defendant has been made and overruled, an exce tion will entitle the defendant to preserve his 0 jection for review, notwith standing his subsequent pleading to the merits." See Mandamus.
Procedure. “Needed Reforms in Criminal Law and Procedure." By William P. Lawlor. 1 Journal of Criminal Law and Criminology 877
should be abolished, jurors should not be dis qualified merely for the formation or expression of opinion, len hy instructions should be pro hibited, there s ould be fewer statutory exemp tions from jury service, attempts by newspapers to corrupt public opinion should be made criminal, etc.
"On the Bill to Make Hiram Gilbert the Pontifex Maximus of Illinois.” Editorial. By John H. Wigmore. 5 Illinois Law Review 489
(Mar.). In this editorial Professor Wigmore, with un usual fervor, speaks his mind regarding the ro posed two-thousand-section monstrosity w ich it 15 proposed to enact into law in Illinois.
"The time has come to speak out plainly our personal views. Senate Bill No. 30 and House Bill No. 5, for an Act in relation to Courts,
should not pass. few; but the
The reasons are simple and
all resolve themselves into this,
that it is a ' to make Hiram T. Gilbert tomorrow the Pontij'eac Maximus of the State of Illinois, and that
no single person,
however honest and
capable, should now or ever be elevated to that position." Professor Wigmore lays down the following propositions, the soundness of which is un questionable: —
“1. Any code of procedure for this state should be the work of many representative experts’ deliberations, not the lucubration of a single mind. "2. Any code of procedure should be fully and openly debated and published in all details before being enacted. "3. Any code of procedure should be short, leaving details to be flexible and easily changed by rule of court as experience shows it necessary." The following is this writer's notion of a model code of rocedure-a notion which is shared by many eaders of the legal profession: — “A short statute of fundamental principles,
fully sanctioned by the legislature, guaranteeing the general course of procedure; and then a set of detailed practice rules, drafted by acommission of progressive experts, sanctioned by theSu reme Court, and by that court also amenda le in any respect whenever experience shows that it can be improved.” "The Courts." By Frank J. Loesch. 5 Illinois Law Review 476 (Mar.). Discussing some of the barbarities —the author does not use so strong a word — of Illinois procedure. "Every lawyer will bear me out in my state ment that business men fairly detest appearing in court in a in case, not by reason of unwilling ness to testify ut by reason of the loss of time in awaitin
the call of the case, the slow cm
paneling o the jury and the difficulty of making proof in accordance with rules of evidence which
(Mar.).
should be obsolete, and over constant technical
Urging a number of reforms. For example, the people, equally with the accused, should be entitled to a change of venue upon the proper statuto showing, the rule precluding judges from a vising the jury on questions of fact
objections of facts, accepted offhand as facts in every-day business transactions of the greatest magnitude.
The business man risks his money,
his business and his reputation on published statements, reports and conclusions, which are
